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1. Bhartiya Nyaya Sanhita 2023:
Amendments, Additions & Deletions
Prepared by:
Ms. Pooja Chaudhary
Dy. Superintendent of Police
Central Detective Training Institute (CDTI)
Chandigarh

2. INTRODUCTION
 Bill Introduced in Lok Sabha on 11th August 2023
 Referred to Standing Committee
 Report of the Standing Committee, November 10, 2023
 Initial bill withdrawn on December 12, 2023
 Reintroduced in Lok Sabha
 Passed in Lok Sabha 20th December and in Rajya Sabah – 21st December
 Received the Assent of President – December 25, 2023
 Date of enforcement – July 01, 2024

3. COMPARATIVE
SUBJECT IPC BNS
Chapters 23 20
Sections 511 358

4. OVERVIEW
 IPC sections consolidated, modified and rearranged for the sake of brevity & clarity, hence,
numbering changed
 Sections rearranged to define crimes of same genus together in one section along with definition
and punishment for different variants
 Some new provisions, which were not there in IPC, included in BNS
 Provisions of IPC, which were rendered unconstitutional by SC, and some provisions, which
became redundant, deleted.
 Law of crimes modified keeping in view the call for gender justice, protecting children’s rights,
national security & unity and integrity

5. OVERVIEW
 Amount of fine rationalised
 Precedence to Offenses against Women & Child, Human Body over other Offenses
 Gender Neutral Offences:
o Sec 76 BNS– Assault or use of criminal force to woman with intent to disrobe [GN wrt Accused]
[Sec 354B IPC – accused only a man]
o Sec 77 BNS – Voyeurism [GN wrt Accused] [Sec 354C IPC – accused only a man]

6. ADDITIONS
 Definitions: Child, Transgender
 Punishments: Community Service
 Abetment: Abetment outside India made Punishable
 Offences Against Women & Child: Sec 69 BNS, Sec 95 BNS
 Offences Affecting the Human Body: Mob Lynching [Sec 103(2)], Organised Crime & Terrorist Act [Sec
111-112 & 113 BNS]
 Offence Against the State: Sec 152 BNS in place 124A IPC
 Offences Relating to Currency-Notes & Bank-Notes
 Contempt of Lawful Authority of Public Servant: Sec 226 BNS
 Offences Against Property: Snatching [Sec 304 BNS]

7. DELETIONS
Sedition [124A IPC]
Attempt to Commit Suicide [309 IPC]
Unnatural Offences [Section 377 IPC]
Adultery [Section 497 IPC]

8. REORGANIZATION OF
CHAPTERS AND SECTIONS IN
BNS

9. CHAPTER BNS [20 Chapters & 358
Sections]
IPC [23 Chapters & 511 Sections]
I [Preliminary] – Sec 1 , Sec 2 & Sec 3 Chapter I [Introduction] Sec 1-5 &
Chapter II [General Explanations] Sec 6-52A
II [Punishments] – Sec 4 to 13 Chapter III [Punishments] – Sec 53 to Sec 75
III Chapter III [General Exceptions]
Sec 14 to 33 & Sec 34 to 44
Chapter IV [General Exceptions]
Sec 76 to 95 & Sec 96 to 106
IV Chapter IV [Of Abetment, Criminal
Conspiracy & Attempt]
Sec 45 – 60, Sec 61 & Sec 62
Chapter V [Of Abetment] Sec 107-120
Chapter VA [Of Conspiracy] Sec 120A & B
Chapter XXIII [Of Attempt to Commit Offences]
Sec 511
V Chapter V [Of Offences Against
Women & Child] Sec 63-73 , Sec 74 –
78 & 79, Sec 80-86 & 87, Sec 88-92, Sec
93-94, 95-99
Chapter XVI [of Offences Affecting the Human
Body] Sec 312- 316 , Sec 317-318, Sec 354 -354D,
Sec 375-376E Sec 366, Section 366A, 369, 372 &
373.
Chapter XX [Of Offences Relating to Marriage]
Sec 494-498 & Chap XXA Sec 498A
Chapter XXII - Sec 509

10. CHAPTER BNS [20 Chapters & 358 Sections] IPC [23 Chapters & 511 Sections]
VI [of Offences Affecting the Human Body]
Sec 100 to 146
Chapter XVI [of Offences Affecting the
Human Body] – Sec 299 to 377
VII [Of Offences Against the State] Sec 147
to 158
Chapter VI [Of Offences Against the
State]
Sec 121 to 130
VIII [Of Offences Relating to the Army, Navy
and Air Force] – Sec 159 to 168
Chapter VII [Of Offences Relating to the
Army, Navy and Air Force] – Sec 131 to
140
IX [Of Offences Relating to Elections] – Sec
169 to 177
Chapter IXA [Of Offences Relating to
Elections] – Sec 171A to 171-I
X [Of Offences Relating to Coin, Currency-
Notes, Bank-Notes, and Government
Stamps] – Sec 178 to 188
Chapter XII [Of Offences Relating to
Coin, Currency-Notes, Bank-Notes, and
Government Stamps] – Sec 178 to 188

11. CHAPTER BNS [20 Chapters & 358
Sections]
IPC [23 Chapters & 511 Sections]
XI Chapter XI [Of Offences Against the
Public Tranquility] Sec 189 to 197
Chapter VIII [Of Offences Against the
Public Tranquility] Sec 141 to 160
XII Chapter XII [Of Offences By or
Relating to Public Servants] – Sec 198
to 205
Chapter VII [Of Offences By or Relating to
Public Servants] – Sec 166 to 171
Note: Sec 161-165A Repealed by
Prevention of Corruption Act, 1988
XIII Chapter XIII [Of Contempt of
Lawful Authority of Public Servants] –
Sec 206 to 226
Chapter X [Of Contempt of Lawful
Authority of Public Servants] – Sec 172 to
190
XIV
Chapter XIV [Of False Evidence and
Offences Against Public Justice] –
Sec 227 to 269
Chapter XI [Of False Evidence and
Offences Against Public Justice] – Sec 227
to 269

12. CHAPTER BNS [20 Chapters & 358
Sections]
IPC [23 Chapters & 511 Sections]
XV [Of Offences Affecting the Public
Health, Safety, Convenience,
Decency & Morals] Sec 270 to 297
Chapter XIV [Of Offences Affecting the
Public Health, Safety, Convenience,
Decency & Morals] Sec 268 to 294A
XVI Chapter XVI [Of Offences Relating
to Religion] – Sec 298 to 302
Chapter XV [Of Offences Relating to Religion]
– Sec 295 to 298
XVII Chapter XVII [Of Offences Against
Property] – Sec 302 to 334
Chapter XVII [Of Offences Against Property] –
Sec 378 to 462
XVIII
Chapter XVIII [Of Offences
Relating to Documents and to
Property Marks] – Sec 335 to 350
Chapter XVIII [Of Offences Relating to
Documents and to Property Marks] –
Sec 463 to 489E

13. CHAPTER BNS [20 Chapters &
358 Sections]
IPC [23 Chapters & 511 Sections]
XIX Chapter XIX [Of Criminal
Intimidation, Insult,
Annoyance, Defamation,
Etc.]
Sec 351-355
Sec 356
Sec 357
Chapter XXII [Of Criminal Intimidation, Insult
and Annoyance]- Sec 503 to 510
Chapter XXI [Of Defamation] – Sec 499 to 502
Chapter XIX [Of Criminal Breach of Contract] –
Sec 491
XX Chapter XX [Repeals and
Savings] – Sec 358
------

14. DEFINITION OF “DOCUMENT” MODIFIED
 Section 2(8) BNS ( S.28 IPC) modified to include “electronic and digital
record” in the definition of “document” (IN TERMS WITH BHARTATIYA
SAKSHIYA ADHINIYAM, 2023)

15. DEFINITION OF “GENDER” EXPANDED
 Definition of gender in section 2(10) BNS ( S. 8 IPC) modified to include
transgender as a person
 (10) “gender”.—The pronoun “he” and its derivatives are used of any person,
whether male, female or transgender.

16. PUNISHMENT
Punishments were listed in chapter III of the IPC (sections 53 to 75), whereas, the
chapter is renumbered as chapter II (sections 4 to 13), with some deletion and
modifications.
 One new punishment “community Service” has been added in the list; at the
same time some irrelevant provisions have been omitted.
 The term community service left undefined
 with addition of reference to community service in section 8(5) BNS, whereby, default in
community service is treated at par with non payment of fine in terms of consequences.

17. SOLITARY CONFINEMENT
 Provisions relating to solitary confinement contained in sections 73
and 74 IPC have been retained as it is in section 11 BNS
 This retention is undesirable as “ solitary confinement” has been
declared unconstitutional by the SC in a number a cases.
 Sunil Batra V Delhi Administration
 Unni Krishnan and ors. V state of AP

18. ABETMENT
 The sections have been rearranged and format modified without
changing the content
 A new section 48 has been added in the BNS, which was not there in
the IPC, criminalizing an act, without and beyond India, of abetting
the commission of any act in India which would constitute an
offence if committed in India.

19. OFFENCES AGAINST WOMEN AND CHILDREN
 All offences against women scattered at different places in the IPC have been
brought together in the BNS under one chapter, from sections 63 to 92;
 The sections have been rearranged and format modified, except change in marital
rape related provision
 Rape – Section 63 BNS ( S. 375 IPC)
 that sexual intercourse by a man with his own wife, wife being under 18 years of age is rape
(Exception 2 to section 63 BNS)

20. COMPARISON OF WOMEN RELATED SECTIONS
 Punishment for different variants of rape described in sections 376 is reiterated in
section 64 BNS as it is
 Section 376 A IPC, (relating to punishment for causing death or resulting in vegetative
state of victim) has been included in section 66 of the BNS
 Sections 376 AB (RAPE OF WOMEN UNDER 12 YRS OF AGE) reiterated in section 65(2) BNS
 Section 376(3) (REPEATED RAPE ON SAME WOMEN) included as section 65(1) BNS
 Section 376 B (SEXUAL INTERCOURSE WITH HIS OWN WIFE DURING SEPARATION) reiterated in
section 67 BNS
 Section 376 C IPC (FORCIBLY INDUCING/ENTICING A FEMALE TO HAVE SEXUAL
INTERCOURSE), now becomes section 68 BNS
 Section 376 D, 376DA & 376DB IPC (GANG RAPE) is consolidated section 70 BNS
 Section 376 E (REPEAT OFFENDER OF RAPE) becomes section 71 BNS

21. NEW SECTION 69 BNS ADDED
 Section 69- Sexual intercourse by employing deceitful means, etc.—
Whoever, by deceitful means or by making promise to marry to a woman
without any intention of fulfilling the same, has sexual intercourse with
her, such sexual intercourse not amounting to the offence of rape, shall be
punished with imprisonment of either description for a term which may
extend to ten years and shall also be liable to fine.
 Explanation.—“deceitful means” shall include inducement for, or false
promise of employment or promotion, or marrying by suppressing
identity.

22. SECTION 377 IPC- UNNATURAL OFFENCE
 Section 377 IPC, which criminalised unnatural sex offences not included in
the BNS.
 In the year 2018, the SC partially decriminalized the offences u/s 377 of IPC
in the matter of Navtej Singh Johar Vs. Union of India.
Unanswered questions
 What about bestiality?
 What about non-consensual homosexual act?

23. ADULTERY IS NOT AN OFFENCE
 Section 497 IPC relating to adultery removed from BNS
 In the landmark judgment of Joseph Shine v. Union of India (2018), SC held
that adultery is not a crime and struck it off the IPC. It, however, clarified
that adultery would continue to remain a civil wrong and a valid ground for
divorce.
 Parliamentary Committee of MHA recommended inclusion of Adultery as offence in BNS
 Adultery should have been made gender neutral. And the discriminatory provision
should have been removed

24. OFFENCES RELATING TO MARRIAGE
 No change in the contents, rearrangement is there
 In the same chapter V of BNS, sections 80 to 87 offences relating to marriage have also been
included under a sub heading.
 Dowry death- S.80 BNS – S.304B IPC
 Cohabitation deceitfully under belief of marriage- S.81 BNS – S 493 IPC
 Marriage during life time of spouse- S 82 BNS-
 Fraudulent marriage ceremony – S 83 BNS- S 494/495 IPC
 Enticing/taking away married woman – S 84 BNS- S 498 IPC
 Cruelty by husband/relative – S 85/86 BNS – S 498A IPCKidnapping to compel marriage –
S,87 BNS – S 366 IPC

25. OFFENCES AGAINST CHILDREN
Offences against Children contained at different places in the IPC have been
consolidated in Sections 93 to 99 BNS,
 Abandonment of child below 12- S. 93 BNS is S. 317 IPC
 Concealment of birth – S. 94 BNS is S 318 IPC
 new section 95 BNS added, scope of S.96 BNS expanded
 Hiring/ employing a child for committing crime – S 95 BNS is new (Hiring, employing,
engaging or using a child for sexual exploitation or pornography is covered within the
meaning of this section.)
 Procuration of child- Sec 96 BNNS was Sec 366A in IPC titled Procuration of girls. Scope of this
section expanded to include boy
 Kidnapping a child to steal from his person- S 97 BNS is S 369 IPC
 Selling child for prostitution – S 98 BNS is S 372 IPC
 Buying child for prostitution – S 99 BNS is S 373 IPC

26. OFFENCES RELATING TO HUMAN BODY
Offences affecting human body are contained in one chapter VI of the BNS from sections
100 to 146; these offences were included in the IPC under different headings at several
places.
 The offences are further clubbed under sub-headings, namely, offences affecting life, organised
crimes, petty organised crimes, terrorist act, hurt, wrongful restraint and wrongful confinement,
criminal force and assault, kidnapping, abduction, slavery and forced labour.
 The offence of trafficking of person has also been described in this chapter.
 Newly defined crimes of organised crimes, petty organised crimes and terrorist act
included in this chapter.
 The offence of Thugee described in section 310 IPC and made punishable in section 311
IPC has been omitted from the new code.

27. PROVISIONS RELATING TO RASH AND NEGLIGENT ACT MODIFIED
Section 304 A IPC becomes Section 106 BNS, as under-
 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, and shall also be liable to fine;
 and if such 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.
 Whoever causes death of any person by rash and negligent driving of vehicle not
amounting to culpable homicide, and escapes without reporting it to a police officer or a
Magistrate soon after the incident, shall be punished with imprisonment of either
description of a term which may extend to ten years, and shall also be liable to fine.

28. ATTEMPT TO COMMIT SUICIDE- Sec 309 IPC
Attempt to commit suicide is no more an offence under BNS
 State of Maharashtra V. Maruti Sripati Dubal(1986) 88 Bom LR 589, Bombay HC declared section 309 IPC
unconstitutional saying right to live includes right not to live.
 The Andhra Pradesh High court in Chenna Jagdeshwar V. State of Andhra Pradesh (1988) held that section 309 IPC
is not unconstitutional.
 These two different views of the High courts was settled by a division bench of the apex court in P. Rathinam V.
Union of India (1994) 3 SCC 394, The Supreme court held that views expressed by the Bombay High Court in State
of Maharashtra V. Maruti Sripati Dubal (1986) 88 Bom LR 589 is right
 Supreme Court in Gian Kaur V. State of Punjab (1996) held that Article 21 of the constitution does not include right
to die or right to be killed. SC observed that Right to life is a natural right embodied in Article 21 but suicide is
an unnatural termination or extinction of life and incompatible and inconsistent with the concept of right to
life.
Section 115 (1) of the Mental Healthcare Act, 2017 states that:
 Notwithstanding anything contained in section 309 of IPC any person who attempts suicide shall be presumed
unless proved otherwise, to have severe stress and shall not be tried and punished under the same code.

29. ATTEMPT TO COMMIT SUICIDE –
NEW PROVISION
 Provisions contained in section 309 has not been included in the BNS
 However a new section 226 BNS has been added to punish those who attempt to
commit suicide to browbeat public servants
“226. Attempt to commit suicide to compel or restrain exercise of lawful power.—
Whoever attempts to commit suicide with the intent to compel or restrain any public servant
from discharging his official duty shall be punished with simple imprisonment for a term which
may extend to one year, or with fine, or with both, or with community service”.

30. PROVISIONS RELATING TO HURT
 Sections 319 to 338 IPC have been consolidated, modified and rearranged in sections 114
to 125 of the BNS
 Punishment for causing grievous hurt in section 325 IPC has been modified in sections 117
BNS and graded punishment has been prescribed.
 A new provision in section 117(3) BNS has been added for causing grievous hurt resulting
in permanent disability or persistent vegetative state
“(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes
any hurt to a person which causes that person to be in permanent disability or in persistent vegetative
state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years
but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of
that person’s natural life.

31. NEW PROVISION RELATING TO MOB VIOLENCE
 A new provision in section 117 (4) BNS has been added to punish mob violence-
(4) When a group of five or more persons acting in concert, causes grievous hurt to
a person on the ground of his race, caste or community, sex, place of birth, language,
personal belief or any other similar ground, each member of such group shall be guilty of
the offence of causing grievous hurt, and shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
What was the need ?
Mob violence is rioting plus causing Grievous hurt, punishable with punishment for rioting
and grievous hurt which is more than this punishment

32. KIDNAPPING, ABDUCTION, SLAVERY AND
FORCED LABOUR
 Sections 359, 360 and 361,363, relating to kidnapping have been consolidated in section
137 BNS
 Section 364, 364 A and 365, 367 IPC, relating to kidnapping for murder and ransom and
other variants of kidnapping have been consolidated in section140 BNS
 Section 366 and 366A relating to kidnapping of woman for compelling her to marry and
procuration of girls have been shifted to chapter of crime against woman in the BNS
 Section 366 B IPC relating to importation of girls from foreign country have been modified
to include boys also in its scope and described in section 141 BNS
 Section 369, 372 and 373 IPC relating to kidnapping a child to steal from his person and
buying and selling minors for prostitution has been shifted to the offences against
children chapter in the BNS

33. OFFENCES AGAINST THE STATE
Chapter VII of the BNS (sections 147 to 158) includes offences relating to crimes against the
state; these offences were listed in chapter VI of the IPC
 Sedition under section 124 A of the IPC has been omitted but a new section 152 of
the BNS as “act endangering sovereignty, unity and integrity of India added
 Sedition was an offence against government established by law (Rajdroh), it is now
converted into offence against sovereignty, unity and integrity of India (Deshdroh)
 Ingredients remaining almost the same; however, the scope of the section has been
expanded and punishment enhanced (3 to 7 yrs)

34. OFFENCES RELATING TO COIN, CURRENCY-NOTES,
BANK -NOTES, AND GOVERNMENT STAMPS
 Chapter XII of the IPC contains offences relating to coins and government stamps only;
the scope of this chapter has been expanded by including currency-notes and
bank-notes in its domain and renumbered as chapter X in the BNS, from sections
178 to 188.
 Some new sections have been added and rearranged, some sections consolidated and
some other modified

35. New Provision relating to making or publishing
false or misleading information
Section 197, BNS: Imputations, assertions prejudicial to national integration.
( section 153 B (IPC)-
(1) Whoever, by words either spoken or written or by signs or by visible
representations or through electronic communication or otherwise.
Following new provision added- ( harmful forwards)
“(d) makes or publishes false or misleading information, jeopardising the
sovereignty, unity and integrity or security of India, shall be punished with
imprisonment which may extend to three years, or with fine, or with both.”

36. CONTEMPT OF THE LAWFUL AUTHORITY
OF PUBLIC SERVANTS
 Chapter XIII of the BNS contains offences relating to contempt of the lawful authority
of public servants, from sections 206 to 226; such offences were included in sections
172 to 190 of the IPC in chapter X.
 A new section 226 has been included in the BNS to punish those who attempt to
commit suicide to compel or restrain exercise of lawful power by public
servants;
 Punishment of 6 month or fine of Rs 1000 under section 182 IPC for giving false
information increased to 1 year or fine of Rs 10000/ in section 217 BNS
 All other offences in both the laws remain the same.

37. OFFENCES RELATING TO WEIGHT AND MEASURES-
 The chapter XIII of the IPC titled as “Of Offences Relating to Weight and
Measures” has been omitted from the BNS and these offences are
defined elsewhere under the relevant special laws.

38. OFFENCES AGAINST PROPERTY
 Chapter XVII of the BNS, from sections 303 to 334, deals with offences against
property, which were included in IPC in sections 378 to 462
 Offences under this chapter as contained in the IPC have been consolidated
together to keep provisions of the same nature at one place.
 Some new provisions have been added in some sections
 A new offence titled as “snatching” has been defined in section 304 BNS

39. NEW PROVISIONS REGARDING THEFT
Sections 378 and 379 of IPC, relating to definition and punishment of theft,
consolidated in section 303 BNS
 New provision added in 303(2) BNS to provide more punishment for repeaters-
“in case of second or subsequent conviction of any person under this section, he shall
be punished with rigorous imprisonment for a term which shall not be less than one
year but which may extend to five years and with fine”
 Proviso added to prescribe community service in following situations-
Provided that in cases of theft where the value of the stolen property is less than five
thousand rupees, and a person is convicted for the first time, shall upon return of the value
of property or restoration of the stolen property, shall be punished with community service.

40. NEW OFFENCE OF “ SNATCHING” ADDED
 Section 304 BNS Snatching.
(1) 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.
(2) 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.

41. NEW PROVISION RELATING TO THEFT IN RELIGIOUS
PLACES OR OF GOVERNMENT PROPERTY
 In section 305 BNS, corresponding to section 380 IPC, scope expanded to include
following types of theft-
“(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local
authority”

42. .
THANKS