Certain issues required the attention of the parliament. This included recognising and criminalising acts endangering society. There was attention required relating to rephrasing certain provisions to ensure a balance of interests of both the convicts and victims.

There are certain groundbreaking changes brought in by the new criminal laws that everyone must know about. Let us learn more about this law!

What Is The Bhartiya Nyaya Sanhita?

The Bhartiya Nyaya Sanhita (BNS) is the new criminal law replacing the age-old IPC. it received its presidential assent on December 25, 2023. A recent notification made on July 1, 2024, has officially brought the Act into action.

The new Act is friendly towards digitalisation and works in consonance with its fellow acts in this regard. India’s new Penal Code introduces changes such as reshaped definitions, new crimes and enhanced penalties.

A major step towards simplifying legal language for easy interpretation has been made through the Act. Unlike the IPC, the BNS uses gender-neutral terms, promoting inclusivity and tolerance. The BNS is mostly a restructuring of the IPC since most crimes and their definitions remain the same. However, in addition to new crimes in the BNS, it has also removed a lot of obsolete provisions.

Let us look at the major changes brought in by this prospective law!

What Are The Changes Brought In By BNS?

The new Sanhita which has replaced the colonial penal code has introduced significant changes to the criminal justice system. Let us have a look at them!

• Community Service

A new type of punishment has been introduced under the BNS. While Section 53 of the IPC provides for 5 sorts of punishments including imprisonment, fine and death, the BNS provides for 6 punishments.

Section 4 of the Bhartiya Nyaya Sanhita provides for Community Service as a punishment. For trivial or reformatory crimes, community services will be awarded for the benefit of convicts as well as the society at large. The person undergoing community service shall not be given any remuneration.

• Mob Lynching Criminalised

A newly recognised crime which has fed on our society for years now is mob lynching. With the increase in incidents of such lynching and the creation of disharmony in the society, the government felt the need to criminalise mob lynching. Section 103 (2) of the BNS provides a punishment of either death or imprisonment with a fine.

• Organised Crime

Taking inspiration from one law such as Maharashtra Organised Crime Control Act, the government has criminalised organised crime. The definition of organised crime has been expanded and now includes kidnapping, robbery, extortion, cyber crimes, economic offences, etc. Section 111 of the BNS shall deal with organised crime.

• Hit And Run Cases

There has been a change in the way cases of ‘hit and run’ will be dealt with in the new law. These came under Section 304 of IPC and shall now be dealt with by Section 106 of BNS. There is a special provision for extreme and strict punishment for those escaping the crime scene and not reporting it to the police.

• Sedition

Section 124A of IPC has been a controversial subject in scrutiny for a while now. It hindered free speech and obstructed the rights of citizens. Prosecution by the State had become easy. Section 150 of BNS Sedition has been replaced by punishment for treason.

• Snatching

Snatching has been given a separate section in the law. Earlier it was included in theft. Now, mobile snatching or chain snatching can be reported under Section 304 of the BNS. It is also punishable under Section 112 of BNS as ‘unorganised petty crime’.

• Possession of Fake Currency

As against the previous provision of Section 242 of IPC which criminalised the mere possession of fake currency notes, Section 178 of BNS says otherwise. Mere possession shall not be an offence under the new law.

Conclusion

BNS is a fierce and dynamic act which accommodates the needs of the future while securing the present. We as citizens and subjects must work by it and follow the law. Remaining aware is also one major duty of every citizen. To help you with this, Jaagruk Bharat caters to all your informational needs. Stay connected with us!

For more information or queries, contact your nearest police station incharge. You can access the Bhartiya Nyaya Sanhita here.