Bharatiya Nyaya (Second) Sanhita, 2023 (BNS): A New Criminal Code for India

 

On December 25, 2023, the Bharatiya Nyaya (Second) Sanhita, 2023 (BNS) was passed by the Indian Parliament and received the assent of the President. The BNS is a comprehensive revision of the Indian Penal Code (IPC), which has been in force since 1860. The BNS makes a number of significant changes to the Indian criminal law, including:

• New offences: The BNS adds a number of new offences to the Indian criminal law, including terrorism, organised crime, and murder or grievous hurt by a group on certain grounds.
• Increased penalties: The BNS increases the penalties for a number of offences, including murder, rape, and sexual assault.
• Changes to the definition of certain offences: The BNS changes the definition of certain offences, such as theft and assault.
• Clarifying language: The BNS clarifies the language of the IPC in a number of places.

New offences

The BNS adds a number of new offences to the Indian criminal law, including:

• Terrorism: The BNS defines terrorism as an act or threat of violence intended to cause terror or fear. It includes a wide range of activities, such as the use of explosives, firearms, or other weapons to cause harm to people or property.
   

  
  

  Terrorism
• Organised crime: The BNS defines organised crime as any activity that is carried out by a group of people for the purpose of gaining monetary or other benefits. It includes a wide range of activities, such as drug trafficking, racketeering, and extortion.
  
  

  Organised crime
• Murder or grievous hurt by a group on certain grounds: The BNS makes it a more serious offence if a person is murdered or grievously hurt by a group of five or more people on the grounds of religion, race, caste, sex, place of birth, or any other such ground.

Increased penalties

The BNS increases the penalties for a number of offences, including murder, rape, and sexual assault. For example, the maximum penalty for murder is increased from death to life imprisonment. The maximum penalty for rape is increased from 20 years to 30 years. The maximum penalty for sexual assault is increased from 10 years to 15 years.

Changes to the definition of certain offences

The BNS changes the definition of certain offences, such as theft and assault. For example, the BNS defines theft as the taking of property without the consent of the owner. It also includes a new offence of "theft by deception," which is the taking of property by means of fraud. The BNS defines assault as any act that intentionally causes or is likely to cause harm to another person. It also includes a new offence of "aggravated assault," which is assault that is committed with the intent to cause serious harm.

Clarifying language

The BNS clarifies the language of the IPC in a number of places. For example, the BNS clarifies the meaning of the term "grievous hurt," which is a serious injury that causes permanent disfigurement or loss of function.

Impact of the BNS

The BNS is a significant revision of the Indian criminal law. It is expected to have a major impact on the Indian criminal justice system. The BNS is likely to lead to an increase in the number of prosecutions for certain offences, such as terrorism, organised crime, and murder. It is also likely to lead to longer sentences for those who are convicted of these offences.

The BNS has been met with mixed reactions. Some people believe that it is a necessary step to address the growing crime problem in India. Others believe that it is too harsh and that it will lead to an increase in the number of wrongful convictions. 

(With input from news agency language)
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