Bhartiya Nyaya Sanhita BNS new provisons

Bhartiya Nyaya Sanhita, 2023 new  provisions

Bhartiya Nyaya Sanhita BNS new provisons

The Bhartiya Nyaya Sanhita (BNS), 2023 replaces Indian Penal Code (IPC) and introduce several new provisions and changes.  It is enacted to new law, by repealing the Indian Penal Code, to streamline provisions relating to offences and penalties. For the first time, community service has been proposed to be provided as penalty for petty offences. Crime against women and children, murder and crimes against the State have been given precedence. Certain offences have been made gender-neutral. To  effectively deals with the  problem of organized crimes and terrorist  activities, new offence of  terrorist  acts and  organized  crimes have been  added in  Bill  and deterrent punishments. A new offence on acts of armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added in the Bill. The fines and punishments for various offences have also been suitably enhanced. Bhartiya Nyaya Sanhita BNS new provisons.

Newly Added Sections:

“Child”: -  Section 2(3) of the Bhartiya Nyaya Sanhita (BNS), means any person below the age of 18 years.

Punishments: - Community Service has been added to Section 4(f) of the BNS, which includes community service as a punishment of petty offences.

Abetment outside India for offence in India: - Section 48 of the Bhartiya Nyaya Sanhita (BNS) deals with the concept of Abetment outside India for offence in India person. This provision stated that a person abets the commission of an offence without and beyond India, abets the commission of any act India which would be an offence if committed in India.

Sexual intercourse by employing deceitful means, etc: - Section 69 of the Bhartiya Nyaya Sanhita (BNS) deals with the concept of Sexual intercourse by employing deceitful means. This provision stated that any person by deceitful means and makes a false promise of marriage to women and has sexual intercourse with her without any intention of fulfilling the promise, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may be extend to 10 year and shall also be liable to fine.

Hiring, employing or engaging a child to commit an offence: - Section 95 of the Bhartiya Nyaya Sanhita (BNS), whoever hires, employing, engages any child to commit an  offence shall be punishable  with imprisonment  of not less than  3 years but  which may extend  to 10 years, and with fine; and if the  offence  be committed shall  be  punished with the  punishment prescribed for that offence as if the offence  has been committed  by such person  himself. 

Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.

Procuration of child: - Section 96 of the Bhartiya Nyaya Sanhita (BNS), in section 366A of IPC, the word ‘minor girl’ under the age of 18 year are replaced by word ‘child’. Whoever in any way induces a child to go from any place or to do any act with the intent that such child will be compelled/forced or seduced into illicit intercourse with another person, or with the knowledge that such child will be compelled or seduced, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to fine.

Punishment of murder: - Section 103(2) of the Bhartiya Nyaya Sanhita (BNS), 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, every members shall be punished with death or with imprisonment of life, and shall also be liable to fine.

Causing death by negligence: - Section 106(2) of the Bhartiya Nyaya Sanhita (BNS)deals with the causing death by rash and negligent driving of a vehicle not amounting to culpable homicide, flees immediately after the occurrence without reporting/informing the police officer or a Magistrate, shall be punished with imprisonment of either description of a term which may extend to 10 year and shall also be liable to fine. 

Organized Crime: - Section 111 of the Bhartiya nyaya Sanhita (BNS) defines Organized Crime as any continuing illegal/ unlawful activity by any person or a group or syndicate involving violence, intimidation, coercion, or financial gain. It includes crimes like kidnapping, robbery, land grabbing, contract killing, economic offences cyber-crimes, trafficking of person, drugs, weapon, or  illicit good and services, human trafficking for prostitution or ransom and financial fraud. The section imposes stringent penalties, including life imprisonment or the death penalty in serious cases and shall liable to fine which shall not be less than five lakh rupees.

Petty organized crimes: - Section 112 of the Bhartiya nyaya sanhita, 2023, deals with the petty organized crime. This provision stated that any person who, being a member of group and gang, either single or jointly, commits  any offence of theft snatching, cheating, unauthorized sale  of tickets, unauthorized  betting or gambling, sale of  public examination question papers or any other similar  criminal act is said to commit petty organized crime. Punishment- imprisonment for not less than 1 year but may extend to 7 years and shall also liable to fine.

Terrorist act: - Section 113 of the Bhartiya Nyaya Sanhita (BNS) deals with acts of terrorism. It is sated that whoever does any act with the intent to endanger or threaten the unity, integrity, sovereignty, security or economic security of India or with the intent to spread terror or create panic amongst the people or any class of people in India or in any foreign country,-

(a)  by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or any other substance (whether biological, radioactive, nuclear or other) which is of a dangerous nature or in any other manner,-

(i)   causes or is likely to cause death or injury to any person or persons

(ii) loss of or damage to or destruction of property.

(iii) Interruption of any supplies or services essential to the life of the community in India or in any foreign country.

(iv)  damage the monetary stability of India through the production or smuggling or circulation of counterfeit Indian paper currency, coin or any other material.

(v)  causing damage to or destruction of any property in India or in any   foreign country  which is or is to be used for the defence of India or in connection with any other purpose of the Government of India, any State Government or any of their agencies.

(b) intimidating /overawes or attempting to cause by means of criminal force or show of criminal force or causing the death of any public functionary or attempting to cause the death of any public functionary.

(c) detaining, kidnapping or abducting any person and threatening to kill or injure such person or doing any other act with a view to compel the Government of India, any State Government or the Government of any foreign country or any international or inter-governmental organization or any other person to do or refrain from doing any act, commit any terrorist act.

Punishment: The section imposes stringent penalties, including life imprisonment or the death penalty in serious cases in any other case less than five years, any person who voluntarily harbours or conceals or attempts to harbours and conceals any person knowing that such person has committed a terrorist act shall be imprisonment of a term which shall not be less than 3 years but extend to life imprisonment and shall also be liable to fine.

Voluntarily causing grievous hurt: - Section 117(3) of the Bhartiya Nyaya Sanhita (BNS), any person who commits an offence under sub section (1) and in the course of such offence causes any injury to a person as is rendered permanently disabled or in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than 10 year but which shall mean imprisonment for a remainder of the natural life of that person.

(4) It is deals with the voluntarily causing grievous hurt caused by a group of five    or more person. This section applies when the hurt is caused 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 causing grievous hurt, and shall be punished with imprisonment of either description for a term which y extend to seven years, and also be liable to fine.

Act endangering sovereignty, unity and integrity of India: - Section 152 of the Bhartiya Nyaya Sanhita (BNS) penalizes individuals who, purposely or knowingly by words spoken or written, or by signs, or by visible representation, or by electronic communication or by the use of financial means, or otherwise, excites or attempts to incite secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or threatens the sovereignty or unity and integrity of India; or indulges in or does any such act, shall be punishable with imprisonment for life or imprisonment for a term which may extend to seven years and shall also be liable to fine.

Assaulting or obstructing public servant when suppressing riot, etc: - Section 195(2) of the Bhartiya Nyaya Sanhita (BNS) stated that whoever threatens to assault or attempts to use criminal force to any public servant in the exercise/discharge of his duties as such public servant in endeavouring to disperse an unlawful assembly, or suppress a riot or affray, shall be punished with imprisonment for a term which may extend to one year, with fine or with both.

Imputations, assertions, prejudicial to national integration: - Section 197(1)(d) of the Bhartiya Nyaya Sanhita (BNS), whoever, makes or publishes false or misleading information, jeopardizing the sovereignty, unity, integrity or security of India, shall be punished with imprisonment which may be extend to 3 years or with fine or with both.

Attempt to commit suicide to compel or restrain exercise of lawful power: - Section 226 of the Bhartiya Nyaya Sanhita (BNS), any person who, attempts to commits suicide in order to prevent or compel a public servant from performing his official duties, shall be punished with imprisonment for a term which may be extend to one year or with fine or with both or with community service.

Snatching: - Section 304 of the Bhartiya Nyaya Sanhita (BNS) defines that theft is said to be snatching when the offender suddenly or quickly or by force seizes or secures or takes away any movable property from or out of the possession of any person in the course of committing the theft, whoever commits snatching, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Mischief: - Section 324(3) of the Bhartiya Nyaya Sanhita (BNS) deal with if any person commits mischief causing loss or damage to any property, including government  or  local authority property, punishable with imprisonment for a term which may extend to one  year of  with fine or with both.

Making or possessing counterfeit seal, etc: - Section 341(3) of the Bhartiya Nyaya Sanhita (BNS) deal with the Making or possessing counterfeit seal, etc, with intent to commit forgery under section 338. This provision stated that whoever has in his possession any seal, plate or other device knowing it 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.

(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other device, knowing or having reason to believe that the same is counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other device.

Repeal and savings: - Section 358 of the Bhartiya Nyaya Sanhita (BNS) deals with the repeal of the Indian Penal Code (IPC). It also ensures that the rights, liabilities, penalties and proceedings under the IPC continue to apply under the Bhartiya Nyaya Sanhita (BNS).

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