The Bharatiya Nyaya Sanhita, 2023 (BNS)

The Bharatiya Nyaya Sanhita law introduces 'community service' as a punishment for specific offences, including public servant unlawfully engaging in trade, 'non-appearance in response to a proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 'attempt to commit suicide to compel or restrain the exercise of lawful power," "misconduct in public by a drunken person,' and defamation.

Section 69 of the new law defines a new offence, 'sexual intercourse by employing deceitful means, etc. It stipulates that any individual who engages in sexual intercourse through- false promises of marriage, employment, or promotion shall be punished with imprisonment for upto 10 years and shall also be liable to a fine. The introduction of the new BNS law. removed the age-based distinction for punishment in gang rape cases involving minor girl. Under Section 70(2), it mandates life imprisonment or the death penalty for the crime of gang rape of a woman below 18 years of age.

The new law also tackles the significant issue of mob violence, murder, or grievous hurt committed by five or more individuals based on specified grounds, as outlined in Section 103. These grounds may include caste, community, place of birth, sex, race, personal belief, language, or any other similar factor.

The BNS Act of 2023 has amended the penalty for causing death by negligence, raising it from 2 years to 5 years of imprisonment under Section 106 (3). Additionally, the legislation stipulates that if this negligence involves a registered medical practitioner, he may face imprisonment for up to 2 years along with a fine. (Note: This provision is kept in abeyance for the time being.)

The Bharatiya Nyaya Sanhita, 2023 introduces stringent punishments for committing terrorist acts or acts intended to threaten the unity, integrity, sovereignty, or security of India, including provisions for life imprisonment or the death penalty, along with fines and forfeiture of property, reflecting a strong stance against threats to national security and public order.

Key Features:

• Bharatiya Nyaya Sanhita: An Overview
• Significant Legal Rulings
• Notes on Clauses
• Corresponding Sections of the old law below new Sections
• Comparative Chart of Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860
• Comparative Chart of Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023
• Table of New Sections of Bharatiya Nyaya Sanhita, 2023
• Table of Sections of Indian Penal Code, 1860 repealed by Bharatiya Nyaya Sanhita, 2023
• Table of Cases
• Subject Index