THE

BHARATIYA
NYAYA
SANHITA
2023
Secondary Stage: Phase 2
Classes XI And XII
August 2024
Shravana 1946

PD 1H BS

© National Council of Educational Research and Training, 2024

Published at the Publication Division, by the Secretary, National Council of

Educational Research and Training, Sri Aurobindo Marg, New Delhi 110 016
and printed at .......
THE BHARATIYA NYAYA
SANHITA, 2023

Secondary Stage: Phase 2

Classes XI and XII
 Ensuring Justice to All

“No man should tolerate injustice, whether it be against himself or against another”
-Mahatma Jyotiba Phule

Read the quote given above. What do you think of the above quote? You would be
surprised to know that this was stated decades before globalisation, when such
interconnectedness of nations, institutions and people did not exist. You would
agree that this quote is a reminder to all of us to act responsibly when we witness
injustice. To be not concerned thinking that it does not affect us is not the correct
way of dealing with injustice. For justice to prevail, not only our laws need to be
aligned with the evolving modern scenario but all of us need to be aware about the
duties, rights and the existing laws. You will now read in the module about the new
criminal legislation which would help you become a responsible individual. As a
citizen of this country, the appropriate knowledge of laws and justice system goes
a long way in helping you to perform your duties and
be a law abiding person.

Learning
outcomes

After going through this document, you will be able to

• discuss the latest criminal laws and jurisprudence.
• explain the manner in which it seeks to achieve equal opportunity and social
justice.
• encourage readers to develop a constructive approach towards the Indian
justice system.
• recognise legal issues and make students aware of the channels of redressal.
• interpret parameters given in the Sanhita with regard to protection of rights of self
and others and become aware citizen engaged in promoting fundamental duties.
• Understand the different offences and their corresponding punishments.

2 The Bharatiya Nyaya Sanhita, 2023

Evolution of Criminal Laws in India

The Indian Penal Code was drafted by the first Indian Law Commission,
which included M/s. Neeleod, Adderson, and Mellet* as members and
Lord Macaulay as its president. In addition to the English and Indian laws
and regulations, they also referred to Napoleon’s code and Livingstone’s
Louisiana code. After completing it in 1850, it was brought to the Legislative
Council in 1856 and finally approved on 6 October, 1860. Thus, on 1 January
1862, the Indian Penal Code came into force. The Indian Penal Code is a
codification of the country’s criminal legislation. As the substantive law, it
focuses exclusively on offenses.
A uniform Criminal Procedure Code was passed in 1882. Thereafter,
came the Criminal Procedure Code of 1898 which remained operative till
the present Criminal Procedure Code (Code of Criminal Procedure 1973) was
enacted. The Criminal Procedure Code got the assent of the President of
India on 25 January 1974 and it came into force on 1 April 1974.1
* https://www.allahabadhighcourt.in/event/admin_of_criminal_justice_in_india.html

Criminal Law Jurisprudence

Criminal law is essentially based on the principle that the State is duty
bound to protect the rights of the citizens and provide a robust justice
system. The adversarial common law system that India has adopted for the
administration of criminal justice was given by the British colonial rulers.
It is a cardinal principle of our criminal justice system that every person
accused of a crime is presumed innocent unless and until the accused is
proved guilty beyond reasonable doubt. The accused is likewise protected
by the right to remain silent and is not required to respond. The criminal
justice system exists to defend the innocent and punish the guilty.
By implementing appropriate preventive and punitive measures that
also serve the purpose of preventing private retribution—which is crucial
for maintaining peace, law, and order in society—the State fulfils its duty
to safeguard citizens’ life, liberty, and property. Legislative acts that provide
penalties for rights violations are passed. When these people rights are
violated, it is the responsibility of the State to find the individual responsible,
prosecute him fairly, and, if found guilty, to punish him. Only when the
Ensuring Justice to All 3
 procedural procedures used to enforce substantive penal laws are effective
can they be considered effective.2

Bharatiya Nyaya Sanhita, 2023

The Indian Penal Code, 1860, enacted by the British

government, was recently succeeded by the Bharatiya
Nyaya Sanhita (BNS), 2023, which received the assent of
the Hon’ble President of India on 25 December 2023.
BNS takes into account the evolving nature of criminal activity as well
as the requirement for technology support needed at different stages of
the investigation and legal decision-making process. The protection of
fundamental rights is highlighted by the new legislation, which follows a
victim-centric approach. Encouraging police accountability, preserving
people’s rights, and promoting transparency (such as e-FIR adoption and
audio-video recording of searches and seizures) are some of the goals of the
new legislation.
BNS upholds individual rights, promotes inclusivity, and embraces modern
technologies to lay the foundation for a more just and equal society.
BNS inserts a few additional offenses to the list of crimes while keeping
the pertinent sections of the IPC intact. It also increases the punishment for
an array of heinous offenses and eliminates those that the Supreme Court
had declared unconstitutional. In addition, legislators have created a new
crime for actions endangering the sovereignty, unity, or integrity of India,
as well as the addition of community service as a measure of punishment.
Among other things, the BNS categorises criminal breach of trust, forgeries,
financial scams, Ponzi schemes, mass marketing frauds, and cybercrimes as
“organized crime”. This is a significant development that will result in the
heavy punishment of similar organized crimes in India.

Rationale

With an emphasis on the fusion of technology and forensic science, the

new criminal laws seek to elevate the Indian legal system to the forefront
of the legal systems worldwide. The recently enacted criminal statutes
1
https://www.allahabadhighcourt.in/event/admin_of_criminal_justice_in_india.html
2
https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf
4 The Bharatiya Nyaya Sanhita, 2023
create procedures for making criminal justice organizations responsible,
encouraging openness and impartiality. Critical subjects including electoral
crimes, crime towards women and children, and tampering with official
documents and currencies are also addressed.

Highlights of BNS

• BNS contains 358 sections, streamlining from 511 sections

under the IPC. Did you know?
• Several provisions for the same offences have been Previously, offences
against women
consolidated at one place in the BNS. For example, and children were
provisions for stolen property under Sections 410 to 414 of sporadically located all
IPC have been streamlined under Section 317 of BNS. . over the IPC, but under
the BNS 2023 it has all
• It has simplified the language used in the Sanhita and been consolidated in
removed the colonial language and references. Chapter V.

• Gender has been defined as— the pronoun ‘he’ and its
derivatives are used of any person, whether male, female or
transgender. (Transgender shall be defined as per section
2(k) of the Transgender Persons (Protection of Rights) Act,
Did you know?
2019).
BNS 2023 has
• Child has been defined as any person below 18 years of age. introduced gender
neutrality qua the
• For the first time ‘community service’ has been included
perpetrators under
as part of punishment (under Section 4) along with death Sections 76 and 77 and
penalty, imprisonment for life (rigorous, simple), forfeiture gender neutrality for
of property and fine. At the same time, imprisonment victims under
terms and fines have been increased. Section 141.

• Community service maybe granted in the situations where

— public servant unlawfully engages in trade; person fails to appear before the
court; person attempts to commit suicide with the intent to compel or restrain
any public servant from discharging official duty; or value of property is less
than Rs. 5000 in cases of theft; there is misconduct in a public place after
intoxication; there is defamation.
• Section 69 of the BNS defines sexual intercourse by deception or a false
promise to marry as rape. It will be punished by a fine and simple or rigorous
incarceration for a maximum of ten years.
• More strict actions with enhanced punishments have been introduced for
sexual offences like rape, gang rape, etc., and a consolidated chapter has been
given for offences against women and children (Sections 63- 78).
• Offences against children dealing with myriad issues like abandonment,
kidnapping, procuration, selling and buying for prostitution, etc., are dealt
under Sections 91- 97.
Ensuring Justice to All 5
 • Movable property will now also include intangible assets like patents,
copyrights, etc.
• Economic offences will include crimes like forgery, counterfeiting notes and
government stamps, criminal breach of trust, financial schemes to do fraud on
people, hawala transactions, etc.
• Mob lynching — Section 101 (2) of BNS states that “When Did you know?
a group of five or more persons acting in concert commits
The expression
murder on the ground of race, caste or community, sex, ‘Beggary’ has been
place of birth, language, personal belief or any other added to indicate
ground each member of such group shall be punished with ‘exploitation’ for the
death or with imprisonment for life or imprisonment for purpose of human
trafficking.
a term which shall not be less than seven years, and shall
also be liable to fine.”
• Chapter XIV of BNS specifies and lists the penalties for
offenses against the public interest, including obtaining decrees for sums not
due, harbouring offenders, and providing or creating false evidence.
• Crimes against the public’s health, safety, convenience, decency, and morality
are covered in Chapter XV of the BNS. Examples of these crimes include public
nuisances, careless or malicious acts that spread disease, adulteration of food,
drink, or narcotics, reckless driving, etc.

Source: Times of India,

13.06.2024

6 The Bharatiya Nyaya Sanhita, 2023

Table of Some Offences and Corresponding Punishments

S. No. Offence Punishment BNS

1. Rape Imprisonment not less than 10 u/s 65- 73

years and more (can extend to life
imprisonment) and also be liable to
fine. Death penalty is also provided in
cases of gang rape for women under 18
years of age and repeat offender.

2. Physical relation Punishable with imprisonment that u/s 69

with a woman may extend to 10 years and fine.
by employing
deceitful means

3. Bigamy Punishable with imprisonment that u/s 81

may extend to 7 years and fine.

4. Abetment in Whoever abets any offence shall, u/s 47

India of offences if the act abetted is committed in u/s 48
outside India. consequence of the abetment, and u/s 49
Abetment outside no express provision is made by this
India for offences Sanhita for the punishment of such
in India abetment, be punished with the
punishment provided for the offence.

5. Riot Whoever is guilty of rioting, being u/s 189

armed with a deadly weapon or with
anything which, used as a weapon of
offence, is likely to cause death, shall
be punished with imprisonment of
either description for a term which
may extend to five years, or with fine,
or with both.

6. Terrorist act Punishable with death or imprisonment u/s 113

for life without the benefit of parole
and a fine of not less than 10 lakhs.

Ensuring Justice to All 7

 S. No. Offence Punishment BNS

7. Abandonment Punishable with imprisonment that u/s 91

of child under 12 may extend to 7 years or with fine or
years by parents with both.
or person taking
care of it

8. Offences against Section 95 of BN forbids the u/s 95

children exploitation of children and punishes u/s 96- 99
anyone who recruits, engages, or
employs kids in illegal activity.
Punishment— imprisonment for not
less than 3 years and may extend up to
10 years with fine.
Section 96 — imprisonment may
extend up to 10 years with fine.
Section 97 — imprisonment may
extend up to 7 years with fine.
Section 98 — imprisonment may
extend up to 10 years with fine.
Section 99 — imprisonment may
extend up to 14 years with fine.

9. Waging war Be punished with imprisonment for u/s 151

against the life, to which fine may be added, or with
government of imprisonment of either description
any Foreign State for a term which may extend to seven
at peace with years, to which fine may be added, or
Government of with fine.
India.

10. Snatching Imprisonment of either description u/s 302

for a term which may extend to three
years, and shall also be liable to fine.

8 The Bharatiya Nyaya Sanhita, 2023

S. No. Offence Punishment BNS

11. Right to private BNS 2023 provides rights to private u/s 34- 44
defence defence in varied circumstances.

12. Rash and Imprisonment of either description of u/s 106

negligent driving a term which may extend to ten years,
and shall also be liable to fine.

13. Organised crime Organised crime is any continuing u/s 111

unlawful activity including
kidnapping, robbery, vehicle theft,
extortion, land grabbing, contract
killing, economic offence, cyber-
crimes, trafficking of persons, by any
person or a group of persons acting in
concert. The maximum punishment
which can be awarded for organised
crime is death penalty.

Ensuring Justice to All 9

 ?
Quiz

1. What is the aim of Bharatiya Nyaya Sanhita, 2023?

(a) To improve educational level
(b) To promote economic growth
(c) To revise and update the criminal justice system in India
(d) To develop infrastructure
(Key: c)

2. Which section of the BNS, 2023 deals with the Terrorist Act?
(a) Section 23
(b) Section 113
(c) Section 61
(d) Section 69
(Key: b)

3. Which new law replaced the Indian Penal Code (IPC), 1973 in India?
(a) Bharatiya Nagarik Suraksha Sanhita, 2023
(b) Bharatiya Nyaya Sanhita, 2023
(c) Bharatiya Sakshya Adhiniyam, 2023
(d) Bharatiya Nagarik Adhiniyam, 2023
(Key: b)

4. ‘The person’s right to defend their own body and the property’
comes under which section of BNS, 2023?
(a) Section 37
(b) Section 35
(c) Section 49
(d) Section 69
(Key: a)

5. When has the New Criminal Law been enforced in India?

(a) 1 October 2024
(b) 1 July 2024
(c) 5 September 2024
(d) 8 November 2024
(Key: b)

10 The Bharatiya Nyaya Sanhita, 2023

Case Study

You would like to know the reformative, rehabilitative and community centric
approach to justice in the BNS:
The community service is targeted to replace punitive measures aligning with
global trends of restorative justice and rehabilitation. Community service is
targeted at minor offences such as:
Public drinking (Section 355 BNS)
Theft less than rupees 5000 (Section 303 BNS)
Attempt to commit suicide to force or prevent the exercise of lawful power
(Section 226 BNS)
Defamation (Section 356 BNS)
Involvement of public servants in illegal trade (Section 202 BNS)
N
 on-appearance in response to a proclamation under Section 84 of the
Bharatiya Nagarik Suraksha Sanhita, 2023
Ponder and reflect
1. What is Community Service? In your view how will it have a transformatory
impact on the mindset of the accused?
2. Organise a discussion in your class on Community Service and how will it help
in restoration and rehabilitation of the accused.
3. W rite a short note on offences covered by Community Service.

Activities

(a) Whether all communities (even with lesser number of

members) be allowed equal rights as enshrined in the
Constitution?
(b) Does recognising rights of other genders play any role in the
gender justice system of the country?

Ponder and Reflect

(a) Organise a discussion or a debate in your class regarding the

newly enacted BNS, 2023 and discuss as to how it will have an
impact on your lives.
Ensuring Justice to All 11
 (b) With your classmates, prepare posters and messages to spread
awareness about the rights given to victims under BNS, 2023.
(c) Group activity — write and broadcast some jingles on gender equality
and justice.
(d) Organise a mock legal aid camp in your schools and educate your
peers about various crimes and its redressal mechanisms.
(e) Like the newspaper clipping given below, make a news item on any
aspect of the new criminal laws.

Source: https://www.thehindu.com/news/national/bar-council-of-delhi-office-bearers-cite-issues-
urge-home-minister-to-not-implement-the-new-criminal-laws/article68010251.ece

Some more
Facts!

Rationale behind enactment of new laws

The rationale behind enacting new laws is to address various shortcomings
and challenges within the legal system:
cc Complexity of the legal system: The existing laws and
procedures were intricate, making it difficult for common
citizens to navigate.
cc Backlog of cases in courts: There was a significant backlog
of cases pending in courts, leading to delays in justice delivery.
cc Low conviction rate: The current legal framework resulted
in a low rate of successful convictions, impacting the
effectiveness of law enforcement.
12 The Bharatiya Nyaya Sanhita, 2023
cc Inadequate fines for crimes: The fines imposed for certain
crimes may not align with the severity of the offences,
necessitating a review of penalty structures.
cc Overcrowding in prisons: The high number of under-trial
prisoners in prisons contributes to overcrowding, highlighting
the need for efficient judicial processes.
cc Limited adoption of modern technology: The legal system
has been slow in integrating modern technologies, hindering
efficiency and accessibility.
cc Delays in investigations: Investigations often face delays,
affecting the gathering of crucial evidence and prolonging
legal proceedings.
cc Complicated investigation and hearing processes: The
complexity of investigation and hearing processes can lead
to inefficiencies and protracted legal battles.
cc Inadequate use of forensic evidence: The utilization
of forensic evidence in legal proceedings is not optimal,
impacting the accuracy of case resolutions.
cc Delay in justice for marginalised communities: Marginalised
communities often face additional barriers in accessing justice,
leading to delays and disparities in legal outcomes.

10. 1.
Delay in Complexity
justice for of legal
margi- system
9. nalised
Inadequate 2.
use of forensic Backlog
evidence of cases

8. Rationale 3.
Complicated behind the Low
investigation, enactment conviction
hearing process of new laws rate

7.
4.
Delays in
Inadequate
investigation
fines
6. 5.
Limited Over-
use of crowding
technology in prisons

Fig.1: Rationale behind the enactment of new laws

Ensuring Justice to All 13
 The law and Us

By addressing these challenges through new laws, the legal system aims to
enhance accessibility, efficiency, fairness, and effectiveness in delivering

Reflections

The readers will have better knowledge of laws that will make them more
aware about their rights and their protection.
This will empower and encourage the readers to perform their duties
as citizens of this country with appropriate knowledge of laws and the
justice system. This in turn will promote a legal culture amongst the readers
wherein they are not only aware of laws but also participate in information
dissemination of such laws and policies.
This will inspire the educators and students to develop a positive outlook
towards all genders and work for gender justice and equality.

Message for parents

The availability of technology, financial resources, and greater mobility for

kids in the twenty-first century broadens kids’ exposure to a wider range
of influences, both good and bad. Particularly among children, there has
been a rise in incidents of cyber bullying, deepfakes, fraud, blackmail, drug
abuse, and trafficking. Teachers and parents now have a responsibility to
educate kids about their rights and the resources available to them through
14 The Bharatiya Nyaya Sanhita, 2023
the criminal justice system. The new laws have been enacted to be more
victim-centric, thereby granting greater protection and speedy justice.
Source: https://blog.ipleaders.in/historical-development-criminal-justice-system/

The Bharatiya Nyaya

Sanhita

References

https://bprd.nic.in/uploads/pdf/ Women,%20Children%20and%20the%20New%20
Criminal%20Laws%20(1).pdf
https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.
pdf
https://nishithdesai.com/NewsDetails/13888
https://static.pib.gov.in/ WriteReadData/specificdocs/documents/2024/may/
doc2024522337701.pdf
https://www.allahabadhighcourt.in/event/admin_of_criminal_justice_in_india.html
https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf
https://www.pwc.in/assets/pdfs/consulting/forensic-services/revamping-indias-criminal-
justice-system-bns-bnss-and-bsb.pdf
https://www.scconline.com/blog/post/2023/12/31/key-highlights-of-the-three-new-
criminal-laws-introduced-in-2023/
Law Commission Reports
Navtej Singh Johar v. Union of India judgment
Bhartiya Nyaya Sanhita, 2023 (Act 45 of 2023)

Ensuring Justice to All 15