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Key Changes in the Bharatiya Nyaya Sanhita, 2023

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 16-Sep-2025

    Tags:
  • Bharatiya Nyaya Sanhita, 2023 (BNS)
  • Indian Penal Code, 1860 (IPC)

Introduction 

The Bharatiya Nyaya Sanhita, 2023 (BNS) represents a comprehensive transformation of India's criminal law system, replacing the colonial-era Indian Penal Code, 1860 (IPC). This landmark legislation streamlines the existing framework from 511 sections in the IPC to 358 sections in the BNS while introducing modern provisions to address contemporary criminal challenges and eliminating archaic colonial references. 

Key Changes Introduced 

1. Consolidation of Provisions:

  • BNS has streamlined and consolidated provisions, reducing sections from 511 in IPC to 358 sections. 
  • Section 317 of BNS consolidates all provisions relating to stolen property under IPC, which were previously scattered across Sections 410 to 414. 
  • All three inchoate offences - "attempt", "abetment" and "conspiracy" - have been brought together under Chapter IV of BNS. 
  • Previously, "abetment" and "conspiracy" were covered in Sections 109-120 and 120A & 120B in IPC, while "attempt" was under Section 511. 

2. Modernized Language and Definitions:

  • BNS has removed remnants of archaic language and colonial references. 
  • Uniformly uses the term "child" in place of "minor" and "child under the age of eighteen years". 
  • Replaced outdated terms like "insane", "lunatic", and "idiot" with "person with unsound mind". 

3. Expanded Jurisdiction:

  • Section 48 of BNS has extended jurisdiction to criminalize abetment outside India. 
  • Broadens the scope of legal enforcement beyond territorial boundaries. 

4. Offences Against Property:

  • Definition of "theft" has been expanded to include theft of vehicle, theft from vehicle, theft of government property, and theft of idol or icon from a place of worship. 
  • New offence of "snatching" introduced under Section 304 of BNS. 
  • Theft amounts to snatching only if carried out in a sudden, quick or forcible manner. 

5. Offences Against Women and Children:

  • All offences against women and children consolidated under Chapter V of BNS. 
  • Chapter V is followed by offences affecting human body in Chapter VI. 
  • Various offences against women made gender-neutral in relation to the perpetrator. 
  • All genders can now be penalized for committing these offences. 

6. Offences Against Human Body:

  • Offence of attempt to commit suicide has been removed from BNS. 
  • New section added criminalizing attempt to commit suicide to compel or restrain exercise of lawful power by a public servant. 
  • Sub-category of culpable homicide introduced under Section 103 relating to mob-lynching. 
  • Criminalizes murder and/or grievous hurt by "group of five or more persons" based on victim's race, caste, community, sex, place of birth, language, personal belief or similar grounds. 

7. Organised Crimes and Terrorist Acts:

  • New offences of "organised crime" and "petty organised crime" introduced under BNS. 
  • First time "organised crime" recognized as offence in central legislation. 
  • Previously regulated only under state legislations like Maharashtra Control of Organised Crime Act, 1999 and Gujarat Control of Terrorism and Organised Crime Act, 2015. 
  • "Terrorist act" criminalized under general criminal statute for the first time. 
  • Previously addressed only under special statutes like Unlawful Activities (Prevention) Act, 1967. 

8. Offences Against State:

  • Section 124A of IPC (sedition) has been deleted. 
  • New offence introduced: "acts endangering sovereignty, unity and integrity of India". 
  • Serves as replacement for sedition in similar vein. 

9. Offences Against Public Tranquility:

  • Section 197(1)(d) of BNS criminalizes making or publishing false or misleading information. 
  • Specifically targets information that jeopardizes the sovereignty, unity, integrity or security of India. 

Conclusion 

The Bharatiya Nyaya Sanhita 2023 marks a pivotal transformation in Indian criminal jurisprudence, successfully modernizing the legal framework while addressing contemporary challenges. Through systematic consolidation, language modernization, and the introduction of provisions for organized crime, terrorism, and mob violence, the BNS creates a more efficient and comprehensive criminal justice system.