BNS vs IPC: Understanding the Key Differences and Implications

By Arpita Kushwaha, Mahatma Gandhi Kashi Vidyapith, Varanasi

With the change of time, society needs new rules and regulations. Keeping this in concern, our government has introduced three new criminal laws. It is an effort to reform India’s Criminal system. It has come into effect on 1st July 2024. This article will include the changes made to the Indian Penal Code,1860 (IPC), which will be known as Bhartiya Nyaya Sanhita, 2023 (BNS). The article will compare the changed sections from IPC and BNS, constraining the article to just significant changes introduced in Bhartiya Nyaya Sanhita,2023.

Introduction

Bhartiya Nyaya Sanhita and other two criminal bills were introduced in Lok Sabha on 12 December 2023 and it was passed by Lok Sabha on 20 December 2023. It was passed by the Rajya Sabha on 21 December 2023. The president gives her accent to the three criminal bills on 25 December 2023. The BNS consists of 358 sections, divided into 20 chapters, whereas the IPC comprises 511 sections, divided into 23 chapters. The objective of BNS is to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto. Let us look into this deeper, exploring its key features and the changes that were introduced in it.

Structural Differences

(1) Change in classification of crimes— BNS introduces two other central offences for the very first time known as ‘organised crime’ and ‘petty organised crime’. Both are defined in section 111 and section 112, respectively. Section 111 introduces ‘organised crime’, which means any unlawful act 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 group of a person acting single or either member of any organised crime union by use of violation, coercion or other unlawful means to obtain material benefit including financial benefit shall constitute an organised crime.

Punishment for organised crime is given in Section 111(2), if the act causes the death of any person, the respondent will be punished with death or imprisonment for life, and also liable for a fine. In any other case, he must be punished with imprisonment for not less than five years which may extend to imprisonment for life, and also liable for fine.

Section 112 defines ‘Petty organised crime’, which means any act including theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers committed by a member of a gang, either single or jointly, shall constitute a petty organised crime. Punishment for petty organised crime is given in section 112(2), the person shall be punished with imprisonment for not less than one year which may extend to seven years, and also liable to a fine.

(2) Changes in Punishments— Punishments in BNS are given in section 4 of Chapter 2, whereas it was given in Chapter 3 from section 53 to section 75 of IPC. BNS introduces ‘community services’ as punishment in section 4(f). It is introduced to decrease the burden of jail. It is not defined in BNS. It is defined in the explanation of section 23 of BNSS. It means a work that the court may order a convict to perform as a benefit of punishments that benefit the community. The Sanhita prescribes Community services as a punishment for petty offences like defamation (section 356), misconduct by a drunken person (section 355), attempt to commit suicide (section 226), and public servants unlawfully engaged in trade (section 202).

Key Provisions and Changes

The newly introduced criminal law Bhartiya Nyaya Sanhita has made many changes in the law and it has also introduced many new laws. Let us take a look at changes made in BNS-

Changes introduced in punishment for murder

In BNS, punishment for murder is given in section 103 (section 302 of IPC). A new clause has been added to section 103 in BNS. As per section 103(2), when a group of five or more persons murders someone on the grounds of race, caste, sex, place of birth, or any similar ground, each member shall be punished with death, or with imprisonment for life, or fine.

Abetment outside India for offence in India is an offence

In BNS, abetment done outside India for an offence that is committed within the territory of India is considered an offence. As per section 48 of BNS, when a person abets an offence beyond India, for committing an offence in India, it is constituted as an offence if it is committed in India.

Punishment for murder by life-convict

In IPC, as per section 303, when a person who is under a sentence of imprisonment for life, commits a murder, shall be punished with death. This section was repealed by the Supreme Court in the case of Mithu v. State of Punjab. It was again revived in BNS under section 104, with some changes. As per section 104, when a person who has been under a sentence of imprisonment for life, commits a murder, shall be punished with death or imprisonment for life, the remainder of that person’s natural life.

Terrorist Act

This law was newly introduced in BNS in section 113. This section has seven sub-clauses. As per section 113(1), any act with the intention to threaten the unity, integrity, sovereignty, security, or economic security of India, or with an intention to strike terror in the people of India by using bombs, dynamite, or other explosive substances which are likely to cause death or injury to a person, or destruction of property or any other harmful act, it will be constituted as a terrorist act.

Sedition in BNS

The term sedition has been repealed in BNS. Previously, it was given in section 124A of IPC. In BNS, it has been mentioned in section 152 as an ‘Act endangering sovereignty, unity, and integrity of India’. As per this section in BNS, when someone purposely, by act, words, spoken or written, verbal signs, or electronic communication excited armed rebellion or subversive activities and encouraged feelings which endanger the sovereignty and integrity of India, shall be punished with imprisonment for life, or imprisonment which may extend to seven years, or fine, or both.

Attempt to commit suicide

In IPC, it was given in section 309, as per this section if a person attempts to commit suicide, he shall be punished with imprisonment which shall extend up to 1 year, or a fine, or both. In BNS, it has been changed and introduced as a new law in section 226. As per this section, if a person attempts suicide with intent to compel a public officer from doing his job, shall be punished with imprisonment which may extend up to one year, or fine, or both.

Impact on Women’s Rights and Gender Justice

(1) In BNS, the term’ transgender’ is also included in the definition of gender under section 2(10). It has also been said in the section that the meaning of ‘transgender’ will be the same as given in section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019.

(2) A new provision has been introduced in BNS under Section 69. As per this section, if Anyone by dishonest means, promises a woman to marry, without any intention of fulfilling the same, and has sexual intercourse with her, this type of sexual intercourse will amount to rape. The person shall be punished with imprisonment which may extend to ten years, or a fine, or both.

(3) The age of a woman in crime of gang rape was increased from sixteen to eighteen years. It is given in section 70(2) of BNS. The death penalty is also introduced as punishment for gang rape in BNS. The other section 376DB of IPC which says about gang rape of girls under twelve years of age has been removed from the BNS.

(4) In section 75 and section 76 of BNS previously section 354B and section 354C of IPC, which says about sexual harassment, the term ‘Any man’ has been changed into ‘whoever’. This makes the offence gender neutral, concerning the offender.

(5) Section 377 of IPC has been removed from the Bhartiya Nyaya Sanhita, 2023.

Technological Advancements

A new section 2(39) has been added in BNS, regarding offences committed through electronic means. As per this section, words and expressions used, which are not defined in Sanhita, but defined in the Information Technology Act,2000 and Bhartiya Nagrik Suraksha Sanhita,2023 shall have meanings respectively according to them.

Another section 2(8) of BNS which defines ‘Document’ also includes the electronic and digital records, intended to be used as a piece of evidence in any matter.

Challenges and Implementations

Many benefits have been introduced through BNS. However, the government must take care of some potential hurdles in the sanhita. Firstly, the Police should be trained to understand the new laws, which will help them in adapting the new laws easily. They should also be trained to use digital equipment. So, it will be easy for them to understand more about online FIR and digital evidence. Secondly, Judges and lawyers must also be trained in the new laws. There are many chances that legal precedents may not align with the new laws. The new criminal law aims for transparency, efficient investigation, and digitalization. It will take some time to implement the new laws in the society smoothly.

Drawbacks and Controversies

One of the major drawbacks of BNS is Gender Equality and Inclusivity. There are no laws regarding the LGBTQ+ community. Transgenders are defined in the Sanhita, but other sexual communities are also included in the LGBTQ, they are not even mentioned anywhere in the BNS. There are also some laws, which always show Men as the perpetrator and women as the victim. It was a great opportunity in the hands of the government to change it, they have also made some gender-neutral laws like in section 94, which have a different approach, but it can’t be seen everywhere in the Sanhita.

Conclusion

The introduction of new criminal law was a great move by the government, as it was required in the changing society. It has made significant changes related to technology, sexual harassment, and many more. It has also made many laws, keeping the change in the method of crime. BNS also introduced technology, which was important in this AI generation. There are several drawbacks to the act but overall, BNS symbolises the commitment to evolve with the time and dynamics of society and also reflects India’s commitment to modernise legal framework and provide justice to all.