Introduction
Bhartiya Nyaya Sanhita Bill, 2023 (BNS) is one of the three criminal law bills introduced by the
Union Government to replace the era-old Indian Penal Code, 1860 (IPC). BNS was passed in Lok
Sabha on 20th December 2023 and in Rajya Sabha on 21st December 2023. Apart from
amendments it aims to add several o ences in the ordinary law which were either part of any
statute or was an o spring of precedents declared by the Supreme Court of India.
Major Changes That have been Introduced in the
Bhartiya Nyaya Sanhita Bill, 2023 !
• Mob Lynching:
◦ Clause 103 of BNS provides punishment for murder.
◦ Sub-clause (2) of Section 103 states that when a group of ve or more persons acting in
concert commits murder on the grounds of race, caste or community, sex, place of birth,
language, personal belief or any other similar ground each member of such group shall be
punished with death or with imprisonment for life, and shall also be liable to ne.
◦ SC in Tehseen S Poonawalla v. Union of India & Ors (2018) asked the government to bring law
on mob lynching.
✦
The Court observed that “There can be no shadow of doubt that the authorities which are
conferred with the responsibility to maintain law and order in the States have the principal
obligation to see that vigilantism, be it cow vigilantism or any other vigilantism of any
perception, does not take place”.
• Promise to Marry:
◦ Clause 69 of BNS provides punishment for Sexual intercourse by employing deceitful means,
etc.
◦ It states that whoever, by deceitful means or by making promise to marry to a woman without
any intention of ful lling the same, has sexual intercourse with her, such sexual intercourse not
amounting to the o ence of rape, shall be punished with imprisonment of either description
for a term which may extend to ten years and shall also be liable to ne.
◦ Explanation—“deceitful means” shall include inducement for, or false promise of employment
or promotion, or marrying by suppressing identity.
• Organized Crime:
◦ Organized crime in India includes variety of illegal activities that are planned, coordinated, and
conducted by criminal organizations.
◦ Till now, organized crimes were dealt under several state legislations and other acts of
parliament including the Maharashtra Control of Organized Crime Act, 1999 (MCOCA),
Prevention of Money Laundering Act, 2002 (PMLA) and Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS).
◦ Clause 111 of BNS punishes Organized Crime
✦
Acts of unlawful activity including kidnapping, robbery, vehicle theft, extortion, land
grabbing, contract killing, economic o ences, cyber-crimes having severe consequences,
tra cking in people, drugs, illicit goods or services and weapons, and human tra cking
racket for prostitution or ransom shall constitute organized crime.
✦
It must be done by the e ort of groups of individuals acting in concert, singly or jointly, either
as a member of an organised crime syndicate or on behalf of such syndicate.
✦
It must be done by use of violence, threat of violence, intimidation, coercion, corruption or
related activities or other unlawful means to obtain direct or indirect, material bene t
including a nancial bene t.
◦ Clause 112 punishes Petty organized crime or organized crime in general
✦
Petty organized crime includes crime that causes general feelings of insecurity among
citizens relating to theft of vehicle or theft from vehicle, domestic and business theft, trick
theft, cargo crime, theft (attempt to theft, theft of personal property), organized
pickpocketing, snatching, theft through shoplifting or card skimming and Automated Teller
Machine thefts or procuring money in unlawful manner in public transport system or illegal
selling of tickets and selling of public examination question papers and such other common
forms of organized crime.
✦
It must be committed by organized criminal groups or gangs.
✦
And it shall include the said crimes when committed by mobile organized crime groups or
gangs that create network of contacts, anchor points, and logistical support among
themselves to carry out number of o ences in region over a period before moving on.
ffi
fi
fi
ff
ff
ff
fi
ff
ff
ff
fi
fi
fi
ffi
fi
✦
Whoever commits or attempts to commit any petty organised crime, under this shall be
punished with imprisonment for a term which shall not be less than one year but which may
extend to seven years, and shall also be liable to ne.
• Terrorism
◦ Clause 113 of BNS punishes terrorism by any act with the intent to threaten or likely to
threaten the unity, integrity, sovereignty, security, or economic security of India or with the
intent to strike terror or likely to strike terror in the people or any section of the people in India
or in any foreign country.
◦ Terrorist act is currently dealt with under the Unlawful Activities Prevention Act, 1967 (UAPA).
• Attempt to Suicide:
◦ Clause 226 of BNS covers punishment for attempt to commit suicide to compel or restrain
exercise of lawful power.
◦ It states that whoever attempts to commit suicide with the intent to compel or restrain any
public servant from discharging his o cial duty shall be punished with simple imprisonment
for a term which may extend to one year, or with ne, or with both, or with community service.
• Fake News:
◦ Clause 197 punishes acts including imputations, assertions prejudicial to national integration
which covers false news.
◦ Clause 197 (1) (d) states that whoever, by words either spoken or written or by signs or by
visible representations or through electronic communication or otherwise, makes or publishes
false or misleading information, jeopardising the sovereignty, unity and integrity or security of
India, shall be punished with imprisonment which may extend to three years, or with ne, or
with both.
• Sedition:
◦ Clause 152 of BNS has introduced Sedition in a new form as subversive activities.
◦ Clause 152 states that whoever, purposely or knowingly, by words, either spoken or written, or
by signs, or by visible representation, or by electronic communication or by use of nancial
mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive
activities, or encourages feelings of separatist activities or endangers sovereignty or unity and
integrity of India; or indulges in or commits any such act shall be punished with imprisonment
for life or with imprisonment which may extend to seven years, and shall also be liable to ne.
◦ Explanation– Comments expressing disapprobation of the measures, or administrative or
other action of the Government with a view to obtain their alteration by lawful means without
exciting or attempting to excite the activities referred to in this section do not constitute an
o ence under this section.
ff
ffi
fi
fi
fi
fi
fi
