All About Offences and Punishment Under Bharatiya Nyaya Sanhita, 2023 (BNS)

Check out Taxmann's All About New Criminal Laws dictionary-style book is a comprehensive guide to India's new criminal laws presented in an easy-to-understand, alphabetical format. It encompasses over 500 concepts across three major criminal laws – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. Additionally, it offers a guide to classifying offences, including compoundable offences, under Bharatiya Nyaya Sanhita. Designed for legal professionals and students, the book aids in understanding the new laws by correlating them with old laws, providing detailed explanations, legal interpretations, and exhaustive coverage of various legal provisions.

1. Abetment Outside India for Offence in India [Section 48 of BNS]

Abetment outside India

• Section 48 of BNS is a new provision [NEW]
• Section 48 of BNS provides that 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.
• Abetment by a person outside India has been made an offence under section 48 to allow prosecution of person located in foreign country.

2. Abetting Commission of Offence by Public or by More than Ten Persons

[Section 57 of BNS/Section 117 of IPC]

Prescribed punishment

• Section 117 of IPC provided for imprisonment upto 3 years or fine or both. Section 57 of BNS provides for imprisonment of either description for a term which may extend to 7 years and fine.

3. Acid, Voluntarily Causing Grievous Hurt by Use of

[Section 124 of BNS/Sections 326A and 326B of IPC]

Permanent Vegetative State

• Besides the words ‘injury or hurt’ in section 326B of IPC, words ‘or causes a person to be in a permanent vegetative state’ are added in section 124(2) of BNS.
• “Permanent vegetative state” need not be irreversible.

4. Adultery

[Section 497 of IPC (Omitted by BNS)]

Provision now omitted

• Hitherto, adultery was a punishable offence under section 497 of IPC
• BNS has omits the offence of adultery

5. Affray

[Section 194(1) of BNS/Section 159 of IPC/Section 194(2) of BNS/Section 160 of IPC]

Prescribed fine

• Amount of fine increased 10-fold from ` 100 to ` 1000

6. Animal, Negligent Conduct with Respect to Animal

[Section 291 of BNS/Section 289 of IPC]

Prescribed fine

• Amount of fine increased five-fold from ` 1000 to ` 5000

7. Army, Navy and Air Force, Offences Relating to – Deserter Concealed on Board Merchant Vessel through Negligence of Master

[Section 165 of BNS/Section 137 of IPC]

Prescribed fine

• Fine is increased from ` 500 to ` 3000

8. Army, Navy and Air Force, Offences Relating to – Harbouring Deserter

[Section 164 of BNS/Section 136 of IPC]

Spouse

• Difference between section 136 of IPC and section 164 of BNS is in the exception clause. While the old law specifically mentioned that the exception applies when a wife provides shelter to her husband, the new law uses the more gender-neutral term “spouse”, indicating that the exception applies when either a husband or a wife provides shelter to their spouse who is a deserter. This change reflects a more inclusive approach in the new law.

9. Army, Navy and Air Force, Offences Relating to – Mutiny, if Mutiny is Committed in Consequence thereof, Abetment of

[Section 160 of BNS/Section 132 of IPC]

Prescribed punishments

• Imprisonment of 3 years is increased to 10 years

10. Army, Navy and Air Force, Offences Relating to –  Soldier, Sailor or Airman, Abetment of Act of Insubordination by

[Section 166 of BNS/Section 138 of IPC]

Prescribed punishment

• Imprisonment is increased from 6 months to 2 years

11. Army, Navy and Air Force, Offences Relating to –  Soldier, Sailor or Airman,Wearing Garb or Carrying Token Used by

[Section 168 of BNS/Section 140 of IPC]

Prescribed fine

• Fine is increased from ` 500 to ` 2000

12. Assault or Criminal Force in Attempt to Wrongfully Confine a Person

[Section 135 of BNS/Section 357 of IPC]

Prescribed fine

• Fine increased 5-fold from ` 1000 to ` 5000

13. Assault or Criminal Force on Grave Provocation

[Section 136 of BNS/Section 358 of IPC]

Prescribed fine

• Fine increased from ` 200 to ` 1000

14. Assault or Criminal Force Otherwise than on
Grave Provocation, Punishment for

[Section 131 of BNS/Section 352 of IPC]

Prescribed fine

• Amount of fine imposable enhanced from ` 500 in section 352 of IPC to ` 1000 in section 131 of BNS

15. Assessor, Personation of

[Section 268 of BNS/Section 229 of IPC]

Assessor

• Section 268 of BNS focusses on “assessor” and does not refer to “juryman”

16. Atmosphere Making, Noxious to Health

[Section 280 of BNS/Section 278 of IPC]

Prescribed fine

• Amount of fine doubled from ` 500 to ` 1000

17. Beggary

[Section 143 of BNS/Section 370 of IPC]

Beggary

• Beggary has been introduced as a form of exploitation for trafficking and made punishable under section 143 of the BNS. [Explanation 1 to section 143(1) of BNS].
• The definition of exploitation in Explanation 1 to section 370(1) of IPC did not cover beggary in its scope.

Minor

• For the word ‘minor’, word ‘child’ is used.

18. Breach of Peace, Intentional Insult with Intent to Provoke

[Section 352 of BNS/Section 504 of IPC]

Mandatory Summary trial

• Offence of insult with intent to provoke a breach of the peace under section 352 of BNS is now mandatorily to be tried summarily as per section 283(1)(v) of BNSS. Under section 260 of Cr.PC, it was summarily triable by Magistrate at his discretion. Offences enumerated in section 283(1) of BNSS are mandatorily to be tried summarily by Magistrates.

19. Causing Death by Negligence

[Section 106(1) of BNS/Section 304A of IPC]

Increased punishment

• Section 106(1) of BNS provides that whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years (2 years under section 304A of IPC).
• The new law increases the punishment for causing death by negligence from a maximum of two years to a maximum of five years. This change reflects a stricter approach to cases of negligence resulting in death.
• See also Hit and run cases and also Medical Practitioner causing death by his negligent act in medical procedure.

20. Cheating

[Section 318 of BNS/Sections 415, 417, 418 and 420 of IPC]

Prescribed punishment

• Punishment for cheating by way of imprisonment increased from 1 year (section 417 of IPC) to 3 years (under section 318(2) of BNS)
• Punishment by way of imprisonment for cheating a person whose interest the offender was bound to protect has been increased from 3 years (section 418 of IPC) to 5 years (under section 318(3) of BNS)

When offence of cheating is punishable under this section and when punishable u/s 112

• If offender committing cheating is a member of a gang or group, the offence of cheating is punishable under section 112 as petty organized crime.
• If  he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be punishable under this section.

21. Cheating by Personation

[Section 319 of BNS/Sections 416 and 419 of IPC]

Prescribed punishment

• Punishment for cheating by personation is increased from 3 years (section 419 of IPC) to 5 years (section 319(2) of BNS)

22. Child

[Section 2(3) of BNS]

Child

• Section 2(3) of BNS is a new provision [New]
• Section 2(3) of BNS defines ‘child’ to means any person below the age of 18 years

23. Child, Buying for Purposes of Prostitution, etc.

[Section 99 of BNS/Section 373 of IPC]

Child

• Word ‘child’ is substituted for ‘person’ in section 99 of BNS

Prescribed imprisonment

• Imprisonment prescribed is ‘not less than 7 years but which may extend to 14 years’. Earlier prescribed imprisonment was ‘ten years’

24. Child, Hiring, Employing or Engaging to Commit an Offence

[Section 95 of BNS]

Hiring child to commit an offence

• Section 95 of BNS is a new provision [NEW]
• Section 95 of BNS provides that whoever hires, employs or engages any person below the age of eighteen years to commit an offence shall be punished for with imprisonment of either description or fine provided 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.

25. Child, Procuration of

[Section 96 of BNS/Section 366A of IPC]

Offence made gender neutral

• Section 366A of IPC provided for offence of procuration of minor girl (under the age of eighteen years). Section 96 of BNS deals with offence of procuration of any child below the age of eighteen years (irrespective of gender).
• The protection accorded by section 96 of BNS to children is wider than that accorded by section 366A of IPC since protection under section 96 is available to all children irrespective of gender while section 366A protected only minor girls.