Top 10 Changes Made by Bharatiya Nyaya Sanhita (BNS) vis-à-vis Indian Penal Code (IPC)

 Table of Contents

1. Community Service has been included in BNS as a punishment for the first time for petty offences
2. Punishment for mob-lynching (new provision)
3. New Offence of Organised Crime
4. New Offence of Petty Organised Crime
5. New Offence of Terrorist Act
6. Changes in punishment in hit and run cases
7. Sedition made not punishable by omission of section 124A of IPC; Instead treason is made punishable under new section 150 of BNS
8. Mere possession of fake currency notes is no more punishable
9. Scope of offence of “theft” expanded to cover theft of intangible items
10. Snatching [New offence u/s 304 of BNS]

The Bharatiya Nyaya Sanhita,2023 (BNS) received the assent of President of India on 25.12.2023. There is a misconception that BNS has replaced IPC with effect from 25.12.2023 and FIR for all offences will be filed under BNS with effect from 25.12.2023. It is not so. BNS will repeal and replace IPC only from the date of coming into force of BNS as appointed by the Central Government by issuing a notification under section 1(2) of BNS. Central Government is empowered to appoint different dates of coming into force for different provisions of BNS. All offences committed till the notified date/(s) of coming into force of BNS  will be dealt with under IPC only.

The following are the top 10 changes in BNS as compared with IPC applicable from the date/(s) to be notified by the Central Government:

1. Community Service has been included in BNS as a punishment for the first time for petty offences
2. Punishment for mob lynching (new provision)
3. New offence of organized crime
4. New offence of petty organized crime
5. New offence of terrorist act
6. Change in punishment in hit and run cases
7. Sedition made not punishable by omission of section 124A of IPC; Instead treason is made punishable under new section 150 of BNS
8. Mere possession of fake currency notes is no more punishable
9. Scope of offence of “theft” expanded to cover theft of intangible items like theft of data (eg credit card skimming), identity theft, theft of intangible assets  in view of expanded definition of “movable property”
10. Snatching (new offence)

The above changes are explained in detail as under:

1. Community Service has been included in BNS as a punishment for the first time for petty offences

• Section 53 of IPC provided for 5 types of punishments viz

1. 1. Death;
   2. Imprisonment for life;
   3. Imprisonment which is of two descriptions–rigorous and simple;
   4. Forfeiture of property and
   5. Fine.

Section 4(f) of BNS has introduced a new 6th type of punishment – Community service

• To reduce the burden on jails, community service has been included in BNS as a punishment for the first time and it is being given legal status. [PIB Press Release, dated 20-12-2023]
• BNS prescribes Community Service as punishment for petty offences like non-appearance in response to a proclamation, attempt to commit suicide, to compel or restraint exercise of lawful power of public servant, petty theft on return of theft money, misconduct in public by a drunken person, defamation, etc.
• The term “community service” is not defined in BNS. However, it is defined by Explanation to section 23 of BNSS to mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

1.1 Offences for which punishment of community service can be awarded

• BNS prescribes Community Service as punishment for 6 petty offences
• Under BNS, Community service can be awarded as punishment in case of following offences:

2. Punishment for mob-lynching (new provision)

Section 103(2) of BNS is a new provision. Section 103(2) provides that 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 ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.

3. New Offence of Organised Crime

There was no offence of organized crime or punishment for it in IPC. Hitherto, Organised crime is defined and punishable in state laws such as Maharashtra Control of Organised Crime Act, 1999 (MCOCA). Section 111 of BNS is a new provision dealing with Organised Crime.

3.1 New Definition of “Organised Crime”[Section 111(1)]

The following are the ingredients of “Organised crime”:

• Continuing unlawful activity: It is any continuing unlawful activity including
  1. kidnapping
  2. robbery
  3. vehicle theft
  4. extortion
  5. land grabbing
  6. contract killing
  7. economic offence
  8. cyber-crimes
  9. trafficking in persons, drugs, weapons or illicit goods or services
  10. human trafficking for prostitution or ransom
• Activity carried on by member/members of organised crime syndicate: Such activity is carried on 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
• Unlawful means: Such activity is carried on by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means
• Aim is to obtain a benefit: Such activity is carried on to obtain direct or indirect, material benefit including a financial benefit

3.2 New definition of “Economic offence” [Clause (iii) of Explanation  below Section 111(1)]

“Economic offences” includes the following offences committed for obtaining the monetary benefits in any form:

• criminal breach of trust
• forgery
• counterfeiting of currency-notes, bank-notes and Government Stamps
• hawala transaction
• mass-marketing fraud  or
• running any scheme to defraud several persons or
• doing any act in any manner with a view to defraud any bank or financial institution or any other institution

3.3 New definition of “Organised crime syndicate” [Clause (i) of Explanation  below Section 111(1)]

“Organised crime syndicate” means a  group of three or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity

3.4 Punishment for committing organized crime

Whoever commits organised crime shall,—

(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;

(b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. [Section 111(2)]

Section 111(3) provides for Punishment for abetment of, attempt to commit, or facilitating organized crime or engaging in activity preparatory to organized crime.

Section 111(4)  provides for Punishment for being a member of an organized crime syndicate.

Section 111(5) stipulates punishment for intentionally harbouring or concealing any person who has committed the offence of an organised crime

Section 111(6) stipulates Punishment for possession of any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime

Section 111(7) provides for punishment for person in possession of any property on behalf of a member of an organized crime syndicate which he cannot satisfactorily account for [Section 111(7)]

4. New Offence of Petty Organised Crime

Section 112 of BNS is a new provision. There is no such provision in IPC.

Section 112 provides as under :

4.1 Definition of “petty organized crime”

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.

4.2 Punishment for petty organized crime

• Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.

4.3 “Snatching”

• The term “snatching” will have the same meaning as given in definition in section 304(1) of BNS as section 3(2) of BNS provides that every expression which is explained in any part of BNS will be regarded as used in conformity with such explanation in every other part of BNS. However, if offender committing “snatching”(chain snatching, mobile snatching etc) is a member of a gang or group, the offence of snatching is punishable under this section.
• If  he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be punishable u/s 304(2) [Section 304 is a New section that treats  snatching as a separate new offence].
• Punishment under section 304(2) is lesser than under section 112.

4.4 Scope of the term “theft”

The term “theft” is defined in section 303(1) of BNS. For the purposes of this sub-section “theft” includes

• trick theft,
• theft from vehicle, dwelling house or business premises,
• cargo theft,
• pick pocketing,
• theft through card skimming,
• shoplifting and
• theft of Automated Teller Machine.

The terms “trick theft”, “card skimming”, “shoplifting”, “pickpocketing etc are not defined in BNS. These terms will have to be understood as per their ordinary popular connotation.

As section 3(2) of BNS provides that every expression which is explained in any part of BNS will be regarded as used in conformity with such explanation in every other part of BNS, this definition of “theft” will apply to section 303 of BNS also.

If offender committing “theft” is a member of a gang or group, offence is punishable under this section. If he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be punishable u/s 303(2) of BNS.  Punishment under section 303(2) is lesser than under section 112. Moreover, offence of theft under section 303(2) (committed by sole operator) is compoundable offence under section 359 of Bharatiya Nagarik Suraksha Sanhita,2023 (BNSS) while theft committed by a person who is a part of a gang is offence under section 112 and is not compoundable.

4.5 Cheating

In view of section 3(2) of BNS, definition of “cheating” in section 318(1) of BNS will apply for section 112 purposes also. However, the following points are to be noted.

• If offender committing cheating is a member of a gang or group, the offence of cheating is punishable under this section
• If  he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be punishable u/s 318

5. New Offence of Terrorist Act

Section 113 of BNS is a new provision

5.1 New definition – definition of ‘terrorist act’

• Section 113 provides as under :
  • 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,––
    • by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause,—

1. 1. 1. 1. death of, or injury to, any person or persons; or
         2. loss of, or damage to, or destruction of, property; or
         3. disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
         4. damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or
         5. damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or

• • • overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
    • detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act,

commit a terrorist act.

For the purpose of this sub-section —

(a) “public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary;

(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency.

5.2 Punishment for commission of ‘terrorist act’

Whoever commits a terrorist act shall,—

1. if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine;
2. in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

5.3 Punishment for conspiring/attempting to commit/advocating/abetting/advising/inciting or knowingly facilitating the commission of a terrorist act

Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

5.4 Punishment for organising camp to train terrorists or recruiting persons for committing terrorist acts

Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

5.5 Punishment for being a member of organisation involved in terrorist act

Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.

5.6 Harbouring or concealing a terrorist

Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine:

This sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

5.7 Punishment for possessing proceeds of terrorist acts

Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.

Police officer of rank of SP and above to decide whether offence to be registered under UAPA or under this section.

For the removal of doubts, it is hereby declared that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967.

6. Changes in punishment in hit and run cases

Section 304A of IPC deals with death caused by negligence. Section 106 of BNS corresponds to section 304A

6.1 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.
• 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.

6.2 Offender escaping or failing to report [New]

• Section 106(2) introduces an additional provision in sub-section (2) to section 106 of BNS, which addresses situations where the offender escapes from the scene of the incident without reporting it to a police officer or Magistrate after the incident. In such cases, the punishment is very severe, with a maximum term of imprisonment of ten years with fine. [Section 106(2)]
• As the instances of hit and run cases are on the rise, a new provision under section 106(2) of BNS has been made. Currently hit and run cases resulting in death due to reckless and negligent driving are registered u/s 304A of IPC, with maximum penalty of two years of imprisonment. As per Delhi Road Crash Report of 2021, there were 555 cases (46.01% of total cases) where the registration number of vehicles involved in crime were unknown, signifying hit and run cases. The Supreme Court had in several cases observed on the inadequacy of law in view of increased vehicular accident. To address this issue, the new provision has been introduced under clause 106(2), which was long overdue.
• Section 106(2) has been introduced to cover the hit and run accidents and to ensure reporting of accident immediately. This has been introduced with an aim to save the victim within the critical ‘Golden Hour’ a term introduced in the Motor Vehicles Act, 1988 in the year 2019.
• Punishment under section 106(2) is not attracted merely by virtue of driver escaping from the scene after the incident to escape the wrath of bystanders who might mob-lynch him. Offence is committed only if escape from scene is coupled with non-reporting by him to Police or Magistrate soon after the incident.

6.3 Medical practitioner [New]

• In case of registered medical practioner if negligent act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
• For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.

7. Sedition made not punishable by omission of section 124A of IPC; Instead treason is made punishable under new section 150 of BNS

7.1 Sedition/Treason

• BNS has omitted section 124A of IPC under which sedition was a punishable offence.
• Section 124A of IPC provided that whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
• In order to expel the British from the country, thousands of freedom fighters spent the golden years of their lives in jail on charges of sedition. Abolition of this offence in independent India will give satisfaction to their souls [PIB Press Release, dated 20.12.2023]
• BNS has replaced sedition with treason. [PIB Press Release, dated  20.12.2023].
• A new offence relating to act of endangering sovereignty, unity and integrity of India has been added under section 152 in BNS.
• Unlike IPC, sedition is no longer an offence under BNS.
• Instead, offence under BNS is treason which is covered in section 152 of BNS as acts endangering sovereignty, unity and integrity of India.

7.2 Act endangering sovereignty, unity and integrity of India

• Section 152 is a new provision.
• Section 152 of BNS provides that 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.
• Explanation to section 152 of BNS clarifies that comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section (activities of secession or armed rebellion or subversive activities, activities of encouraging feelings of separatist activities or endangering sovereignty or unity and integrity of India) do not constitute an offence under this section.

8. Mere possession of fake currency notes is no more punishable

Section 242 of IPC has been amended and introduced as section 178 in BNS to protect the public who are merely in possession of forged or counterfeit currency notes or bank-notes etc. Under the amended law, mere possession of forged or counterfeit currency notes or bank-notes etc. is not an offence.

The amended law (section 178 of BNS) provides that in order to constitute an offence possession of counterfeit currency note has to be accompanied by the intention to use the same as genuine.

9. Scope of offence of “theft” expanded to cover theft of intangible items like theft of data (eg credit card skimming),identity theft, theft of intangible assets  in view of expanded definition of “movable property”

Theft is covered by section 303 of BNS. Corresponding provisions were sections 378 and 379 of BNS

9.1 Expanded definition of “theft” vis a vis IPC [Section 303(1) read with section 112(1) and section 2(21)]

• The definition of “movable property” in BNS is wider than it was in IPC.
• Section 2(21) of BNS omits the word “are intended to include corporeal” before the word “property” which was there in the definition of movable property in section 22 of IPC.
• Therefore, movable property includes property of every description other than immovable property whether such property is in corporeal (tangible physical) form or not.
• Definition of movable property under BNS will include intangible assets like patents, copyrights, etc., also as well as actionable claims.
• Definition of theft will include data theft also and will cover online stealing of funds by hacking bank accounts.
• In view of expanded definition of movable property, theft will include theft of intangible assets, theft of data, theft through card skimming, online theft through hacking bank accounts or cloning the mobile etc.
• In view of section 3(2) of BNS, the term “theft” in section 303 will also cover offences included in scope of “theft” in the inclusive definition of “theft” in Explanation to section 112(1). In terms of the said Explanation, “theft” includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine.

9.2 Prescribed punishment [section 303(2)]

• In normal cases of theft imprisonment remains at 3 years under both old and new law.
• In case of repeat offences of thefts (second or subsequent conviction), more stringent punishment is provided for in BNS by way of rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine.

9.3 Community service as punishment for first-time convict if he returns value of stolen property or restores stolen property

Proviso to section 303(2) of BNS provides for punishment with community service instead of imprisonment or fine or both in case of petty thefts (value of the stolen property is less than ₹5000) by first-time convict upon return of the value of property or restoration of the stolen property.

9.4 Snatching

• Punishment for theft under section 379 of IPC applied to theft by snatching also. Under BNS, theft by snatching is a separate offence u/s 304 of BNS with more stringent punishment.

9.5 Mandatory Summary trial of offences of petty theft

• The monetary limits for petty thefts triable in summary trials in terms of value of stolen property involved has been increased from ₹2000 (section 260(1) of CrPC) to ₹20000 [section 283(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS)].
• Section 283 of BNSS makes summary trial mandatory for petty and less serious cases. Under Cr.PC, it was discretionary for the Magistrate to try petty and less serious offences in a summary way as section 260(1) of Cr.PC used the words “may, if he thinks fit, try in a summary way all or any of the following offences”. Section 283(1) of BNSS replaces the word “may” with the word “shall” and has also increased monetary limits for petty offences to be tried summarily.

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

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

10. Snatching [New offence u/s 304 of BNS]

Section 304 of BNS is a new provision. IPC did not treat snatching as offence distinct from theft under section 379 of IPC.

10.1 Snatching

• 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.
• Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

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

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

10.3 Distinction between theft and snatching

The distinction between theft and snatching is summarised as under in the table below