Salient Features of the Bharatiya Nyaya Sanhita, 2023 streamlined language and updated age

1. Background and Structural Overhaul thresholds (e.g., 18 years for gang-rape

• Repeal and Replacement of IPC victims).
The BNS 2023 repeals the Indian Penal Code,
1860 in its entirety and comes into force from 4. Sentencing Reforms and Alternatives
1 July 2024 • Mandatory Minimum Sentences
• Three-Code Scheme Introduced for 23 offences to ensure
BNS (substantive offences) alongside the consistency (e.g., repeat sexual offenders).
Bharatiya Nagarik Suraksha Sanhita • Enhanced Penalties
(procedural law) and the Bharatiya Sakshya – 33 offences see increased imprisonment
Adhiniyam (evidence law) together modernize terms
India’s criminal justice framework. – 83 offences see higher fines
• Objective • Community Service
To “consolidate and amend” offence Available as an alternative for six minor
provisions, rationalize archaic formulations, offences, reflecting restorative justice
emphasize justice over mere punishment, and principles Jus Scriptum.
introduce technology-neutral language • Victim Compensation & Restorative Justice
Provisions for mandatory compensation
2. Modernization and Simplification orders and mediation-based disposal in
• Technology-Neutral Drafting specified categories.
Removes antiquated phrases; uses gender-
neutral and digital-friendly terminology (e.g., 5. Special Emphasis Areas
“electronic record”) • Cyber-Crime & Digital Evidence
• Clearer Definitions New sections criminalize hacking, identity
Standardizes intent, knowledge, and theft, non-consensual intimate imagery; cross-
negligence across offences to reduce litigation references to the Information Technology Act
over interpretative ambiguities. • Gender-Based Violence
• Grouping of Offences Rape provisions largely retained but raise
Reorganizes chapters logically (offences adult threshold to 18 years; “outraging
against the body, property, the State, public modesty” persists (critiqued for lack of gender
tranquility, etc.) to mirror modern legal neutrality)
pedagogy. • Organized and Group Offences
Enhanced focus on criminal conspiracies,
3. New and Dropped Offences group-based hate crimes, lynching and mob
• Added Offences (≈ 20) violence with higher sentences.
o Organized crime syndicates • Environmental Offences
o Human trafficking Penalizes pollution, wildlife trafficking, forest
o Environmental pollution crimes offences under standalone BNS provisions.
o Cyber-fraud and financial fraud
o Group offences targeting specific 6. Procedural & Jurisdictional Tweaks
identities • Investigation & Bail
• Removed Offences (≈ 19) Harmonizes with the Bharatiya Nagarik
o Sedition: replaced by “acts Suraksha Sanhita: clear timelines for arrests,
endangering sovereignty, unity and mandatory bail in bailable offences, and
integrity of India” to tighten scope graded bail for non-bailable offences.
while addressing genuine threats • Plea-Bargaining
• Retained Core Offences Expanded scope; victims’ consent mandatory;
Murder, culpable homicide, rape and sexual transparency through court-monitored
offences, theft, robbery, cheating—with agreements.
 • Special Courts Comparative Analysis: BNS 2023 vs IPC 1860 – Key
Fast-track and special-category courts for New Changes
sexual offences, cybercrime, and 1. Overarching Structure
environmental cases. • IPC 1860: Single‐code melding substantive +
some procedural concepts
7. Alignment with Constitutional & International • BNS 2023: Part of three-code scheme
Norms (substantive = BNS; procedure = BNSuraksha;
• Fundamental Rights Safeguards evidence = BSAkshya)
Conforms to Supreme Court jurisprudence on
fair trial, proportionality, and non- 2. Language & Drafting
retrogression of rights. • IPC: Victorian-era, gendered (“he”, “man”)
• International Conventions • BNS: Gender-neutral; tech-neutral (“electronic
Incorporates definitions and penalties record”, “digital signature”)
reflecting UN Trafficking Protocol, Kyoto
Protocol (environment), and Rome Statute 3. Offence Classification
standards on sexual violence. • IPC: 23 chapters, mixed order
• BNS: Logical grouping:
8. Critiques & Future Challenges o Offences against person
• Marital Rape Exception o Property offences
Continued exclusion of non-consensual sex o State offences
within marriage remains controversial. o Public tranquility
• “Modesty” Language o Special topics (cyber, environment,
Retention of archaic concept invites calls for trafficking)
replacement with accessible “sexual assault”
terminology. 4. Addition/Deletion of Offences
• Scope of “Sovereignty” Offence • Added (~20): Human trafficking; organized
Ambiguous drafting risks chilling free speech crime; environmental pollution; cyber-fraud;
and dissent. hate-mob violence
• Implementation Hurdles • Dropped (~19): Sedition (replaced by “acts
Need for extensive training of police, endangering sovereignty”)
prosecutors and judges on new definitions • Threshold change: Adult age for rape offences
and digital evidence. ↑ to 18 yrs

Suggested Case-Law & Quotes 5. Definitions & Mens Rea

• State of West Bengal v. Anwar Ali Sarkar • IPC: Varied definitions of “intention”,
(1952): invoked to illustrate proportionality in “knowledge”
sentencing. • BNS: Uniform mens rea across offences;
• Gudikanti Narasimhulu v. Public Prosecutor clearer “culpable negligence”
(1989): on telephonic threats as criminal
intimidation. 6. Sentencing Reforms
• Volokh, “Criminal Law and the Internet” • IPC: Wide judicial discretion; few mandatory
(2005): underscores need for technology- minima
neutral offences. • BNS:
• UNODC Report on Restorative Justice (2022): o 23 offences → mandatory minima
supports community service innovations. o ↑ punishments: 33 offences higher
jail; 83 higher fines
o Community service option for minor
offences
7. Restorative Justice & Victim Focus Rules of Interpretation of Penal Statutes
• IPC: Rare victim-compensation mentions 1. Principle of Legality
• BNS: Mandatory compensation orders; o Nullum crimen, nulla poena sine lege
mediation routes – no crime or punishment without law
o Offence-creating provisions must be
8. Technology & Digital Evidence clear, unambiguous
• IPC: No explicit cyber offences; reference via 2. Strict Construction
ITA o Penal provisions construed strictly
• BNS: Standalone cyber offences (hacking, against prosecution, liberally in favor
identity theft); digital proof recognition of accused
o Ambiguities resolved to benefit the
9. Gender & Sexual Offences accused (“rule of lenity”)
• IPC: “Outraging modesty”; marital-rape 3. Rule of Lenity
exception o Where two interpretations possible,
• BNS: Retains “outraging modesty” (critiqued); adopt the lighter penalty
marital-rape still excluded 4. No Ex‐Post‐Facto
o Statute applies only from its
10. Corporate & Group Liability commencement onward
• IPC: Section 34/149 for common o No retrospective extension of
intention/group offences punishment unless express
• BNS: Dedicated “organized-crime” chapters; 5. Literal (Plain Meaning) Rule
aggregated group penalties o Words given their ordinary natural
meaning
11. Environmental & Wildlife Crimes o Refrain from adding or subtracting
• IPC: Indirect via miscellaneous sections legislative intent
• BNS: Dedicated chapters on environmental 6. Golden Rule
pollution, wildlife offences o If literal reading yields absurdity,
modify meaning to avoid injustice
12. Conformity with International Norms 7. Mischief Rule (Heydon’s Case)
• IPC: Pre-UN conventions; occasional o Identify and suppress the mischief the
alignment via amendments statute was enacted to remedy
• BNS: Explicit incorporation of UN Trafficking o Give effect to legislative purpose
Protocol, Rome Statute standards 8. Ejusdem Generis
o General words following specific ones
limited to same genus
o E.g., “arms, rifles, guns, other
weapons” → weapons of like kind
9. Noscitur a Sociis
o Word’s meaning influenced by
associated words
10. Expressio Unius, Exclusio Alterius
o Mention of one thing excludes
another not mentioned
11. Stricti, Non-Exacti Sed Stricti
o Penal laws need not be exact in every
detail but must be strictly applied
12. Rule Against Implied Repeal
 o Penal enactments not repealed by 3. Act vs. Omission (§4)
later laws unless unequivocally • Act: Any bodily movement (including speech)
expressed • Omission: Failure to act when legal duty exists
13. Mandatory vs. Directory (statute, contract, relationship)
o If statute prescribes procedure for • Duty-to-Rescue: Where Sanhita imposes
creating offence, determine whether positive duty to prevent harm
steps are mandatory (non-compliance 4. Inchoate Liabilities (§5)
→ null) or merely directory • Attempt: Commencement of offence coupled
14. No Presumption of Extra-Territoriality with intent, falling short of completion
o Offences presumed territorial unless • Abetment: Aiding, instigating or conspiring to
statute clearly provides extra- commit offence
territorial reach • Conspiracy: Agreement between two or more
15. Construction of Severity to commit offence
o Higher punishments must be 5. Parties to Offence (§6)
grounded in express legislative • Principals:
language; cannot be inferred o Before or during offence – actors &
direct perpetrators
• Accomplices: Abettors & accessories after
offence
6. Penalties & Sentencing (§7)
• Types: Imprisonment (simple/rigorous), fine,
forfeiture, community service, restorative
orders
• Sentencing Principles:
o Proportionality
o Reformation & rehabilitation
o Deterrence & prevention
7. Special Offender Categories (§8)
Conceptual Analysis under Bhartiya Nyaya Sanhita • Juveniles: <18 years – diverted to Juvenile
2023 Justice framework
(Crim. Law – Key Terms & Structure) • Corporates & Public Servants: Vicarious &
strict liability in statutory offences
1. Offence (formerly “Crime”) 8. General Exceptions & Defences (§9)
• Definition: Any act or omission prohibited and • Mistake of fact (honest & reasonable)
punishable by the Sanhita • Self-defence (private & public)
• Essentials: • Insanity (unsoundness of mind)
o Actus reus (voluntary act/omission) • Intoxication, automatism, necessity
o Culpable mental state (see §2 below) 9. Conceptual Shifts from IPC 1860 (§10)
o Legality (“nullum crimen sine lege”) – • Clear articulation of mental states (no more
no punishment without a statute catch-all “intent” vs “knowledge”)
2. Culpable Mental States (§3) • Expanded notion of “omission” duties
• Intention: Conscious objective to bring about • Introduction of rehabilitative/community
forbidden harm sentences
• Knowledge: Awareness that harm is • Codification of principles of liability for AI &
practically certain electronic records
• Recklessness: Conscious disregard of a
substantial risk
• Negligence: Unconscious creation of risk
contrary to standard of care
Section 2 Definitions (Bhartiya Nyaya Sanhita 2023) • Injury
(Crisp, exam-oriented notes) o Harm illegally caused to body, mind,
reputation, property
• Act • Illegal / Legally bound
o Single act or series of acts o “Illegal”: offence/prohibited or civil-
• Animal actionable
o Any living creature (excl. human o “Legally bound to do”: illegal to omit
being) • Judge
• Child o Officially designated; power to give
oPerson < 18 years definitive judgment
• Counterfeit o Illus.: Magistrate with sentencing
o Causing one thing to resemble power
another • Life
o Intent/knowledge of likely deception o Human life, unless context differs
o Expl.1: Exact imitation not required • Local law
o Expl.2: Presumed intent if o Law applicable to part of India
resemblance likely deceptive • Man / Woman
• Court o Male/female human being, any age
o Judge (alone) or body of Judges, when • Month / Year
acting judicially o Gregorian calendar
• Death • Movable property
o Human death, unless context differs o All property except land & earth-
• Dishonestly attached things
o Intend wrongful gain to one or • Number
wrongful loss to another o Singular ↔ plural inclusive
• Document • Oath
o Matter on any substance by o Oath or solemn affirmation; any legal
letters/figures/marks declaration
o Includes electronic/digital records • Offence
o Expl.1: Medium irrelevant; evidential o Generally: thing punishable by this
use irrelevant Sanhita
o Expl.2: Usage-based marks count (e.g. o Exceptions: certain chapters/sections
endorsement) include special/local laws or vary by
o Illus.: Contract-writing, cheques, penalty threshold
maps, POAs, instructions • Omission
• Fraudulently o Single or series of failures to act
o Intention to defraud • Person
• Gender o Natural person, company, association,
o “He” covers male, female, body of persons
transgender • Public
o (Transgender as per Transgender Act o Entire public, any class or community
2019) • Public servant
• Good faith o Broad categories (selected)
o With due care and attention ▪ Commissioned officers
• Government (Armed Forces)
o Central or State Government ▪ Judges & court officers
• Harbour ▪ Arbitrators, assessors,
o Shelter, supplies, assistance to evade panchayat members
arrest
 ▪ Jail officers, police, revenue General Explanations (Bhartiya Nyaya Sanhita, 2023)
officials Purpose:
▪ Election officers Ensures uniform application of definitions, illustrations
▪ Government-remunerated & exceptions throughout the Code
officials
o (Full list spans §28(a–k)) 1. Statutory Exceptions Apply Universally
• Reason to believe • Text: Every definition, penal provision or
o Sufficient cause to believe illustration “is subject to the general
• Special law exceptions” even if they are not restated
o Law on particular subject • Key “General Exceptions” (Chapter IV):
• Valuable security 1. Insanity (no offence if by person of
o Document unsound mind)
creating/extending/transferring/restri 2. Minority (under 7 years cannot
cting legal rights or liabilities commit offence; 7–12 years
o Illus.: Endorsed bill of exchange rebuttable presumption)
• Vessel 3. Legal duty (acts done under statutory
o Any water-conveyance of or judicial authority)
people/property 4. Consent (where valid consent negates
• Voluntarily offence)
o Effect caused by means intended or 5. Accident (without criminal intent)
known likely to cause it 6. Necessity (to prevent greater harm)
o Illus.: Knowledge of risk renders • Illustrations:
outcome “voluntary” o Definition sections don’t mention
• Will “child < 7 yrs”, but offences by them
o Testamentary document are barred by Exception
• Wrongful gain / loss o A cop arrests a murderer sans warrant
o Gain by unlawful means of property → no wrongful confinement
not legally entitled (Exception: legal duty)
o Loss by unlawful means of property
legally entitled 2. Uniform Definitions Across All Parts
o Gaining/losing wrongfully: • Text: Any term explained anywhere in the
retaining/being kept out of property Sanhita carries that meaning everywhere else
unlawfully • Implication:
o E.g., “dishonestly” (Sec 2(7)) always
means “intending wrongful gain or
loss”
o Avoids circularity—one statutory
glossary

3. Constructive Possession by Principal

• Text: Property in possession of your spouse,
clerk or servant → deemed your possession
• Scope:
o Applies to offences requiring
“possession” (e.g. stolen goods)
o Temporary appointees count as
“clerks/servants” if acting in that
capacity
4. Acts Include Omissions • Illustration:
• Text: Wherever “act” appears, it also covers o Provoked attacker → culpable
illegal omissions, unless context dictates homicide not amounting to murder
otherwise o Unprovoked assistant → murder
• Why it matters:
o Omissions (failure to act) punishable
like positive acts (e.g. neglect leading
to death → murder) Punishments (Secs. 4–13): Detailed Notes

5. Common Intention Doctrine (Joint Liability) §4 – Types of Punishments

• Text: When multiple persons share a common 1. Death Penalty
intention to commit an offence, each is liable 2. Life Imprisonment
as principal 3. Imprisonment
• Key test: o Rigorous (with hard labour)
1. Agreement (express or tacit) to a o Simple (without hard labour)
common plan 4. Forfeiture of Property – State takes over
2. Participation in furtherance of that assets
plan 5. Fine – monetary penalty
• Case law parallel: Mitra & Ors. v. State of 6. Community Service – court-directed unpaid
West Bengal (1960 SC) on joint liability work
Exam Tip: Always list all six in your intro when asked
6. Shared Criminal Intent in Group Acts about punishments under BNS 2023.
• Text: If offence hinges on mens rea (“criminal
knowledge/intention”), only those sharing §5 – Commutation of Sentence
that mens rea are liable • Power: “Appropriate Government” may
• Contrast with Sec 5: Common intention (no commute any punishment to a lesser one.
need for shared mens rea beyond plan) • Who?
o Central Govt if offence under Union
7. Mixed Means Offence subjects or death sentence
• Text: Causing a prohibited effect partly by act o State Govt otherwise
+ partly by omission = single offence • Reference: Sec 474, BNS 2023
• Illustration: Starving (omission) + beating (act) Why? Ensures proportionality, mercy, human rights
→ murder compliance.

8. Single Act Suffices for Group Offence §6 – Life = 20 Years

• Text: If offence can be committed by several • Rule: Unless otherwise specified, treat “life
acts, any one co-actor’s act in furtherance of imprisonment” as equivalent to a 20-year
the plan makes them liable term for all calculations (e.g. fractional
• Illustrations: remission).
o Split-poisoning: A & B each give doses
→ both guilty of murder §7 – Rigorous vs. Simple Imprisonment
o Split-omission of sustenance: • When statute allows “imprisonment (rigorous
Sequential jailors each omit to feed or simple)”:
prisoner → both guilty 1. Court may order wholly rigorous
2. Wholly simple
9. Multiple Offences from Same Conduct 3. Mix – e.g. 6 months rigorous + 6
• Text: Participants may incur different offences months simple
for the same act, depending on their state of Why? Flexibility to tailor severity to offender and
mind or provocation offence.
 • Eligibility: Any sentence of rigorous
§8 – Fine & Default Imprisonment imprisonment.
1. Unlimited Fine if no cap specified (yet must • Total Solitary ≤ 3 months, scaled by sentence
be “reasonable/non-excessive”). length:
2. Default Term (if fine unpaid): o ≤ 6 mo → ≤ 1 mo solitary
o Court may direct extra imprisonment o 6 mo ≤ 1 yr → ≤ 2 mo solitary
in addition to any other penalty. o 1 yr → ≤ 3 mo solitary
o Max default = ¼ of maximum • Execution Limits:
imprisonment for offence. o ≤ 14 days at a stretch
o Default imprisonment may be o Interval ≥ duration of previous solitary
rigorous or simple, as court chooses. o If overall term > 3 mo → ≤ 7 days
3. Fine-Only / Community Service Only offences solitary per calendar month
→ default simple imprisonment, capped by Human Rights Note: Solitary regarded as harsh; strict
fine amount: statutory caps.
Fine Amount Max Default Imprisonment
≤ ₹ 5 000 2 months §13 – Habitual Offenders (Chapters X & XVII)
• Trigger: Prior conviction under Ch X or XVII
≤ ₹ 10 000 4 months
with ≥ 3 yrs imprisonment.
> ₹ 10 000 1 year • Subsequent Offence: Next similar offence →
4. Early Discharge on Partial Payment life or up to 10 yrs imprisonment.
o Default term ends as soon as Policy Goal: Deter recidivism in serious offences (e.g.
paid/levied portion ≥ proportion of sexual offences, kidnapping).
term served.
o Illustration: ₹ 1 000 fine + 4 months
default → pay ₹ 750 ⇒ discharged
after 1 month.
5. Levy Timeline
o Unpaid fine may be levied within 6
years of sentence, or within longer
imprisonment term if > 6 years.
o Death of offender ≠ discharge; estate
liable.
Exam Tip: Work through a quick calculation illustration
in your answer.

§9 – Composite Offences & Single Punishment

• When a series of acts constitute “one offence”
(e.g. multiple blows), impose one punishment,
not one per act.
• Exception: Separate offences arising from
same conduct (e.g. two victims) → separate
punishments.

§10 – Doubtful Guilt → Least Punishment

• If convicted of “one of several” offences but
uncertain which, sentence for the offence
carrying the lowest maximum penalty.

§11–12 – Solitary Confinement