Comparison-Summary-Of-The-Bhartatiya-Nyaya-Sanhita-To-The-Indian-Penal-Code (1)

COMPARISON SUMMARY OF THE BHARTATIYA NYAYA SANHITA, 2023 (BNS) to THE INDIAN PENAL CODE, 1860 (IPC)

Bharatiya Nyaya Sanhita (BNS) was introduced on August 11, 2023 to replace the Indian Penal Code. It was examined by the Standing Committee on Home Affairs. Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2) was introduced on December 12, 2023 after the earlier Bill was withdrawn.  It incorporates certain recommendations of the Standing Committee.  The BNS2 primarily retains the provisions of IPC, introduces certain new offences, eliminates offences that have been struck down by courts and raises penalties for several offences.

The legislation aims to replace the colonial era law as it was obsolete and inadequate for addressing today’s complex legal issues. BNS 2023 was necessary to modernize and concise criminal laws to better align with current social-economic realities, technological landscape and human rights standards. Instead of being offender-centric, the Act focuses on victim support and rehabilitation. The Act addresses the procedural delays, complicated legal language and offences against women, children and State.

Key issues 

  • Age of criminal responsibility is retained at seven years and extends to 12 years depending upon the maturity of the accused.  This may contravene recommendations of international conventions.
  • Several offences overlap with special laws.  In many cases, both have distinct punishment, penalties or provide for different procedures.  This may result in multiple regulatory frameworks, additional compliance cost and possibility of imposing multiple charges.
  • BNS has removed sedition as an offence.  However, the provision on endangering the sovereignty, unity and integrity of India has retained essence of sedition.
  • BNS maintains the provisions of IPC on rape and sexual harassment.  It failed to consider certain recommendations of Justice Verma Committee (2013) such as making the offence of rape gender neutral and recognising marital rape as an offence.
  • BNS omitted Section 377 of IPC which was read down by Supreme Court thus removing rape of men and bestiality as offences. The Act should have retained the provision in watered down form to protect consensual homosexual acts among consenting adults, while criminalizing those without consent.

New Provisions of Bharatiya Nyaya Sanhita, 2023

Subject Section Summary
Short title, commencement and application 1(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.
Child 2(3) “child” means any person below the age of eighteen years
Words and expressions used but not defined 2(39) Words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Community Service. 4(f) The punishments to which offenders are liable under the provisions of this Sanhita are:

(f) community service

Abetment outside India for offence in India 48 A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.
Sexual intercourse by employing deceitful means etc. 69 Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence 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 fine
Gang rape 70(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death
Hiring, employing or engaging a child to commit an offence 95 Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Causing death by negligence 106(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.

It will not come into force from 1st July 2024 with other new laws, it is kept on hold.

Organized crime 111 Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.
Petty organised crime 112 Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.
Terrorist act 113 Whoever does 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……..shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967.
Voluntarily causing grievous hurt 117(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
117(4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Acts endangering sovereignty, unity and integrity of India 152 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 financial 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 fine.
Imputations, assertions prejudicial to national integration 197 (1) (d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India
Attempt to commit suicide to compel or restraint exercise of lawful power 226 Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.
Snatching 304 Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.
Theft in a dwelling house, or means of transportation or place of worship, etc. 305 (b), (c), (d), (e) (b) of any means of transport used for the transport of goods or passengers

(c) of any article or goods from any means of transport used for the transport of goods or passengers

(d) of idol or icon in any place of worship

(e) of any property of the Government or of a local authority

Mischief 324(3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
324(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338 341(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine
341(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument.
Repeal and Savings 358 The Indian Penal Code is hereby repealed.

Provisions of Indian Penal Code deleted in Bharatiya Nyaya Sanhita, 2023

Subject Section
Servant of government 14
India 18
Electronic record 29A
Section 50
Construction of reference to transportation 53A
Sedition 124A
Punishment for knowingly carrying arms in any procession or organizing, or holding or taking part in any mass drill or mass training with arms 153AA
Counterfeiting Indian coin 232
Abetting in India the counterfeiting out of India of coin 236
Import or export of counterfeit coin 237
Import or export of counterfeit of Indian coin 238
Fraudulent use of false instrument for weighing 264
Fraudulent use of false weight or measure 265
Being in possession of false weight or measure 266
Making or selling false weight or measure 267
Attempt to commit suicide 309
Thug 310
Punishment 311
Unnatural Offences 377
Lurking house-trespass by night 444
House-breaking by night 446
Adultery 497

Changes made by Bharatiya Nyaya Sanhita in Indian Penal Code 

Section BNS Subject  Section IPC Summary of changed provision 
2(8) Document 29 and 29A Words “and includes electronic and digital record” are added.

BNS Section 2(8) incorporates both the sections 29 and 29A of IPC and adds digital records.

2(10) Gender 8 Word “transgender” is added apart from genders of “male” and “female”.
2(21) Movable property 22 By removing word “corporeal” the scope is extended.
4 Punishments 53 ‘Community service’ is added to punishments. The definition of community service is not given in BNS, but the explanation in Section 23 of the BNSS defines it as the “work which the court may order a convert to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration”.
8(1) Amount of fine, liability in default of payment of fine, etc. 63 IPC section is included as subsection in BNS with addition of words ‘liability in default of payment of fine, etc.’ in heading.
8(4) 66 The IPC section is included as a sub-section in BNS, without heading.

Words “or in default of community service” is added.

8(5) 67 IPC section is included as sub-section in BNS, without heading.

Words “or in default of community service” are added.

Imprisonment and fine are increased.

57 Abetting commission of offence by the public or by more than ten persons 117 Imprisonment is increased from three years to seven years.
63 Rape 375 Age of Consent: 15 years is replaced by 18 years in BNS.

Exception 2 of Section 63 states that “sexual intercourse or acts by a man with his wife, the wife not being under 18 years of age, is not rape”.

70(2) Gang rape 376DB In 376DB IPC, the age of victim is 12 years and punishment is death penalty. In 70(2) BNS, the age of victim is under 18 years and punishment is death penalty.

Section is included as a sub-section in BNS, without heading.

76 Assault or use of criminal force to woman with intent to disrobe 354B Words “Any man who” is replaced by “Whoever”.
77 Voyeurism 354C Words “Any man who” is replaced by “Whoever”.
82(2) Marrying again during lifetime of husband or wife with concealment of former marriage from person with whom subsequent marriage is contracted 495 IPC section is included as sub-section in BNS without heading.

Words “defined in last preceding section” are excluded.

84 Enticing or taking away or detaining with criminal intent a married Woman 498 The words “from that man or from any person having the care of her on behalf of that man” are excluded.
86 Cruelty 498A Explanation IPC Section 498A has been bifurcated into Sections 85 and 86. The IPC explanation part has been provided under Section 86 of BNS under the heading Cruelty defined.
90 Death caused by act done with intent to cause miscarriage 314 Heading of para-2 “if act done without woman’s consent” is excluded.

Words “Where the act referred to in sub-section (1)” are added.

99 Buying minor for purposes of prostitution, etc. 373 Minimum mandatory punishment is introduced as seven years, and the upper limit of imprisonment is extended up to fourteen years in BNS, in place of ten years in IPC. Words “any person under the age of eighteen years” are replaced by the word “child’.
103(2) Punishment for murder 302 New clause added with the words “When a group of five or more persons acting in concert commits murder on the ground 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 fine.”
104 Punishment for murder by life convict 303 BNS gives an alternate punishment for the life-convict murderer as death ‘or with imprisonment for life, which shall mean the remainder of that person’s natural life’, whereas in IPC, only punishment is death sentence for murder by a life convict.
105 Punishment for culpable homicide not amounting to murder 304 Minimum imprisonment for five years is added and fine is made mandatory.
106(1) Causing death by negligence 304A IPC section is included as subsection in BNS. Imprisonment is increased and offence by registered medical practitioner and its explanation are added.
109(2) Attempt to murder 307(2) Alternate punishment is added in BNS i.e. “be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life”.
115(2) Voluntarily causing hurt 323 Section is included as sub-section in BNS without heading. Fine is increased i.e. which may extend to ten thousand rupees.
116 Grievous hurt 320 Suffering threshold period for grievous hurt is reduced from twenty days to fifteen days.
118(1) Voluntarily causing grievous hurt 324 IPC section is included as a sub-section in BNS. Fine is increased which may extend to twenty thousand rupees and words “’grievous hurt” are added in heading.
118(2) 326 IPC section is included as a sub-section in BNS without heading. Mandatory minimum imprisonment for one year is added.
121(1) Voluntarily causing hurt or grievous hurt to deter public servant from his duty 333 IPC section is included as a subsection in BNS. Imprisonment is increased from three to five years.
121(2) 334 IPC section is included as a sub-section in BNS without heading. Mandatory minimum imprisonment of one year is added.
122(1) Voluntarily causing hurt or grievous hurt on provocation 334 IPC section is included as a subsection in BNS. Fine is increased from five hundred to five thousand rupees.
122(2) 335 IPC section is included as a sub-section in BNS without heading. Imprisonment is increased from four to five years and fine is increased from two thousand to ten thousand rupees.
124(1) Voluntarily causing grievous hurt by use of acid etc. 326A The IPC section is included as a subsection in BNS. Words “causes a person to be in a permanent vegetative state” are added.
124(2) 326B IPC section is included as a sub-section in BNS, without heading. Words “permanent vegetative state” is added.
125 Act endangering life or personal safety of others 336 Fine is increased from rupees two hundred and fifty to two thousand five hundred.
125(a) 337 Fine is increased from five hundred to five thousand rupees.
125(b) 338 Imprisonment is increased from two years to three years and fine is increased from one thousand to ten thousand rupees.
126(2) Wrongful restraint 341 IPC section is included as a sub-section in BNS, without heading. Fine is increased from five hundred rupees to five thousand rupees.
127(2) Wrongful confinement 342 IPC section is included as a sub-section in BNS, without heading. Fine is increased from one thousand to five thousand rupees.
127(3) 343 The IPC section is included as a sub-section in the BNS sans heading. Imprisonment is increased from two years to three years, and the fine is extended up to ten thousand rupees.
127(4) 344 The IPC section is included as a sub-section in the BNS without heading. Imprisonment is increased from three to five years, and a minimum fine of ten thousand rupees is stipulated.
127(6) 346 IPC section is included as a sub-section in BNS without heading. Imprisonment is increased from two to three years and fine is added.
131 Punishment for assault or criminal force otherwise than on grave provocation 352 Fine is increased from five hundred to one thousand rupees.
135 Assault or criminal force in attempt to wrongfully confine a person 357 Fine is increased from one thousand to five thousand rupees.
136 Assault or criminal force on grave provocation 358 Fine is increased from two hundred to one thousand rupees.
139 Kidnapping or maiming a child for purposes of begging 363A The word “minor” is replaced by “child”.

The word “rigorous” is added.

Imprisonment is extended up to life, i.e., imprisonment for the remainder of that person’s natural life. Clause (b) of sub-section (4) definition is excluded.

141 Importation of girl or boy from foreign country 366B Words “any boy under the age of eighteen years” added and “she” is replaced by “girl or boy”.
144 Exploitation of a trafficked person 370A The upper limit of imprisonment is increased from seven years to ten years for sub-section (1) and for

sub-section (2), from five years to seven years.

Word “minor” is replaced by “child”.

164 Harbouring deserter 136 Word “wife” is replaced by “spouse” in the exception of this section thereby made gender neutral.
165 Deserter concealed on board merchant vessel through negligence of master 137 Upper limit of fine is increased from five hundred to three thousand rupees.
166 Abetment of act of insubordination by soldier, sailor or airman 138 Upper limit of imprisonment is increased from six months to two years.
176 Illegal payment in connection with an election. 171H Upper limit of fine is increased from five hundred to ten thousand rupees.
182 Making or using documents resembling currency-notes or banknotes 489E Upper limit of fine is increased from one hundred to three hundred rupees and two hundred to six hundred rupees.
191(3) Rioting 148 IPC section is included as a sub-section in BNS, without heading. Upper limit of imprisonment is increased from three years to five years.
194(2) Affray 160 Section is included as a sub-section in BNS without heading. Upper limit of fine is increased from one hundred to one thousand rupees
195(1) Assaulting or obstructing public servant when suppressing riot, etc. 152 Section 152 of IPC is divided into two parts: one for the offence of assaulted in the section of public servants and the other for threatening to assault or attempt to obstruct, having different punishments and fines.

The minimum fine is twenty-five thousand rupees.

Words ‘or uses criminal force on any public servant’ is added.

195(2) 152 Whoever threatens to assault or attempts to obstruct a public servant or threatens or attempts to use criminal force on a public servant in the described situations, the punishment includes imprisonment for a term that may extend to one year or fine or both. This is a rare case of a reduction in punishment.
196 Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 153A Words “or through electronic communication” as the mode of spreading specified activities are added.
197 Imputations, assertions prejudicial to national integration. 153B
202 Public servant unlawfully engaging in trade. 168 New punishment of “community service” is added.
204 Personating a public servant 170 Mandatory minimum imprisonment is introduced as six months and upper limit is increased from two years to three years.
206 Absconding to avoid service of summons or other proceeding. 172 The upper limit of the fine is increased from five hundred to five thousand rupees and one thousand to ten thousand rupees; ‘Court of justice’ is replaced by ‘Court’.
209 Nonappearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023. 174A New punishment of “as with community service” is added in regard to proclamation under section 84(1) BNSS [82(1) CrPC].
222 Omission to assist public servant when bound by law to give assistance 187 Section is reorganised in the form of clauses (a) and (b) without changing the essence, and the upper limit of the fine is increased from two hundred to two thousand and five hundred rupees and five hundred to five thousand rupees.
223 Disobedience to order duly promulgated by public servant 188 The section is reorganised in the form of clauses (a) and (b). In clause (a), the upper limit of imprisonment is increased from one month to six months, and the fine is increased from two hundred to two thousand and five hundred rupees. In clause (b), the limit of imprisonment is increased from six months to one year, and the fine from one thousand rupees to five thousand rupees.
229 Punishment for false evidence 193 Fine is defined in sub-section (1) as up to ten thousand rupees and in sub-section (2) as up to five thousand rupees.
230 Giving or fabricating false evidence with intent to procure conviction of capital offence 194 Fine defined is up to fifty thousand rupees.
239 Intentional omission to give information of offence by person bound to inform 202 Added “fine which may extend to five thousand rupees”.
241 Destruction of document or electronic record to prevent its production as evidence 204 The upper limit is imprisonment from two years to three years, and the fine is defined as up to five thousand rupees.
243 Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution 206 The upper limit of imprisonment increased from two years to three years.
Fine is defined as up to five thousand rupees.
“Court of Justice” is replaced by “Court”.
248 False charge of offence made with intent to injure 211 The upper limit of imprisonment is increased from two years to five years and from seven years to ten years, and the fine is defined as up to two lakh rupees.
267 Intentional insult or interruption to public servant sitting in judicial proceeding 228 Upper limit of fine is increased from one thousand to five thousand rupees.
283 Exhibition of false light, mark or buoy 281 Fine is added as punishment in addition to imprisonment.

Rupees ten thousand is fixed as lower limit of fine.

Word “and” has replaced “or”.

290 Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. 288 Added words “or constructing”.

Upper limit of fine is increased from one thousand to five thousand rupees.

Word “measures” replaces “order”.

294 Sale, etc., of obscene books, etc. 292 Fine is increased from two thousand to five thousand rupees and from five thousand to ten thousand rupees on subsequent conviction.

Words “including display of any content in electronic form’” is added. Words “in whatever manner” are also added.

305 Theft in a dwelling house, or means of transportation or place of worship, etc. 380 The definition enlarged “means of transportation or place of worship’ is added in the heading.
308 (1) Extortion 383 Clause (e) is newly added in the illustrations.
308 (2) 384 IPC section is included as a sub-section in BNS without heading. The upper limit of the imprisonment is increased from three years to seven years.
308(6) Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. 388 IPC section is included as a sub-section in BNS without heading.

Words “and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life” are removed as section 377 IPC has been excluded altogether.

310(3) Dacoity with murder 396 IPC section is included as sub-section in BNS without heading.

Minimum mandatory punishment of imprisonment is “shall not be less than ten years”

310(5) 402 IPC section is included as sub-section in BNS, without heading.

Words “at any time after the passing of this Act, shall” is removed.

314 Dishonest misappropriation of property 403 Minimum mandatory imprisonment of six months and with fine added.
316(2) Criminal breach of trust 406 IPC Section is included as sub-section in BNS without heading.

Upper limit of imprisonment is increased from three years to five years.

317(1) Stolen property 410 Word “cheating” is added.
318(2) Cheating 417 Upper limit of imprisonment is increased from one year to three years.
318(3) 418 Upper limit of imprisonment is increased from three years to five years.
320 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors 421 Minimum mandatory punishment for imprisonment of six months has been introduced.
325 Mischief by killing or maiming animal. 428/429 Upper limit of imprisonment is increased from two years to five years. Scope is expanded by amending it to “any animal”.
326(d) Mischief by injury, inundation, fire or explosive substance, etc. 433 Words “light house or other light used as sea marks or any sea mark or buoy” are replaced by “any sign or signal used for navigation of rail, aircraft, or ship,” thus the scope is widened immensely.
329(3) Criminal trespass and house-trespass 447 The fine is increased from five hundred rupees to five thousand rupees.
329(4) 448 The upper limit of the fine has been increased from one thousand to five thousand rupees.
331(2), (4),(6), (8) Punishment for house-trespass or housebreaking 456/457/458/460 Words “by night” is replaced by “after sunset and before sunrise”.
337 Forgery of record of Court or of public register, etc. 466 “Court or an identity document issued by the government, including a voter identity card or Aadhaar card,” is added.

Word “baptism” is excluded.

353 Statements conducing to public mischief 505 Words “false information” and “including through electronic means” are added.
355 Misconduct in public by a drunken person 510 Fine is increased from ten rupees to one thousand, or with community service is added.
356(2) Defamation 500 “or with community service” is added as an alternate punishment.
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