New Offences Introduced under BNS
Organised Crime (Section 172 BNS)
The Bharatiya Nyaya Sanhita (BNS), 2023, introduces several new offences and significantly modifies existing ones to address contemporary forms of crime and reflect the legislative intent to modernize India's criminal law. These changes are highlighted in various chapters of the BNS.
Organised Crime:
One of the notable additions in the BNS is the criminalization of 'organised crime', recognising the growing threat posed by syndicates involved in systematic criminal activities for unlawful gain.
Provision:
Section 172(1) of the BNS defines
Section 172(2) provides a specific list of activities included in organised crime, such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, financial scam, cyber-crimes, trafficking in persons, drugs, illicit substances, weapons, illegal immigration, and other related crimes.
Section 172(3) provides punishment for organised crime, which is imprisonment for a term not less than seven years, but which may extend to imprisonment for life, and fine. If the organised crime results in the death of any person, the punishment is death or imprisonment for life.
Ingredients:
Group of two or more persons: Involves collective criminal activity.Criminal activity: The activities themselves must be criminal.Use of specific means: By use of violence, threat of violence, intimidation, coercion, or otherwise.Objective: Gaining pecuniary benefits, undue economic or other advantage.
This comprehensive definition allows for the prosecution of individuals involved in criminal syndicates and their various illegal activities under a single framework of organised crime.
Terrorism offences (Sections 173-177 BNS)
The BNS includes specific provisions to criminalize terrorism and related activities, recognizing the severe threat it poses to national security.
Terrorism (Section 173 BNS)
Section 173 of the BNS defines a
Section 173(1) defines a terrorist act broadly, including acts done with intent to threaten the unity, integrity, security, or sovereignty of India or to strike terror in the people or any section of the people, which results in death, injuries, damage to property, disruption of essential services, etc., by using bombs, explosives, firearms, or other lethal weapons.
Section 173(2) provides severe punishment for a terrorist act, including death or imprisonment for life.
Membership of terrorist organisation (Section 174 BNS)
Section 174 of the BNS criminalizes
Support given to terrorist organisation (Section 175 BNS)
Section 175 penalizes a person who
Raising fund for terrorist purpose (Section 176 BNS)
Section 176 criminalizes the act of
Harbouring terrorists (Section 177 BNS)
Section 177 penalizes a person who
These sections (173-177 BNS) collectively provide a framework within the general criminal code to deal with terrorism and related preparatory and facilitative acts, potentially complementing the provisions of the UAPA.
Organised trafficking in persons (Section 79 BNS)
The BNS introduces a specific offence related to organized trafficking in persons, highlighting its serious nature and distinct elements compared to simple kidnapping or abduction for specific purposes.
Provision:
Section 79 of the BNS defines
The definition likely includes the recruitment, transportation, transfer, harbouring, or receipt of persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Section 79 BNS provides for severe punishment, including rigorous imprisonment for a term not less than seven years, but which may extend to ten years, and fine. If the trafficking is of a minor, the punishment is more severe.
Ingredients:
Act: Recruitment, transportation, transfer, harbouring, or receipt of persons.Means: Through coercion, abduction, fraud, deception, abuse of power, etc.Purpose: Exploitation (which includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs).Organised aspect: The offence likely targets activities undertaken by a group or syndicate.
This distinct offence acknowledges the complex and often organised nature of human trafficking and provides specific provisions to combat it, supplementing other offences related to kidnapping, abduction, and sexual exploitation.
Mob Lynching (Section 101(c) BNS related to murder)
Mob Lynching, which involves a large group of people attacking and often killing someone based on suspicion or allegations, is explicitly criminalized in the BNS, recognising its specific and heinous nature.
Provision:
While the act of killing during mob lynching would fall under culpable homicide or murder, Section 101(c) of the BNS (inserted as an explanation to Section 101 which defines culpable homicide and murder) specifically addresses death caused by a mob.
Section 101(c) states:
Ingredients:
Group of five or more persons: Involves a collective act by a mob.Acting in concert: The group acts together with a common understanding.Commits murder: The act committed by the mob results in murder.Grounds: The murder must be committed on specific grounds (race, caste, community, sex, place of birth, language, public disorder, or any other similar ground).
This provision treats mob lynching resulting in murder as a distinct and extremely serious offence, carrying the highest penalties (death or life imprisonment) for every member of the mob involved, even if they did not directly inflict the fatal blow. This highlights the state's strong condemnation of such collective violence based on prejudice.
Attempt to commit suicide (Section 221 BNS)
As discussed earlier, Section 221 BNS formalizes attempt to commit suicide but includes a proviso that it shall not be subject to punishment if committed under severe stress. This reflects a change in approach from criminalizing the act itself to a focus on support and treatment, while potentially retaining the ability to prosecute in rare circumstances not involving severe stress.
Note: This subheading "Attempt to commit suicide" seems misplaced under "Mob Lynching". It is a separate offence and should be discussed independently or under Offences against the Human Body/Life.
Community Service as a punishment (Section 4 BNS)
Section 4 of the BNS introduces
Section 4 lists the punishments to which offenders are liable under the BNS: Death, Imprisonment for life, Imprisonment (rigorous or simple), Forfeiture of property, Fine, and
Community service involves the offender performing unpaid work for the benefit of the community, as ordered by the court. It is typically prescribed as a punishment for minor offences, providing an alternative to short-term imprisonment or fine, and aiming at some form of restitution to society. The specific offences for which community service can be awarded are indicated in the relevant sections prescribing punishment for those offences.
Petty Organised Crime (Section 172 BNS)
Section 172 of the BNS not only defines 'Organised crime' but also defines and penalizes
Section 172(4) defines Petty organised crime:
Section 172(5) provides punishment for petty organised crime, which is imprisonment of either description for a term not less than one year, but which may extend to seven years, and fine.
This provision distinguishes smaller-scale, less complex, but still organised criminal activities from major organised crime, providing a separate classification and penalty structure for offences like snatching, selling spurious goods, etc., when committed by groups for gain.
False propaganda, hate speech and misinformation affecting national security (Section 198 BNS)
The BNS appears to introduce or consolidate offences related to spreading false or harmful information, particularly in the context of national security. Section 198 BNS deals with
The heading "False propaganda, hate speech and misinformation affecting national security" suggests that the scope of Section 198 and potentially other related provisions is aimed at addressing modern challenges related to the spread of harmful information, often through digital means, that can threaten national security, public order, or social harmony. The exact scope and application of these terms depend on the detailed wording and judicial interpretation of Section 198 and related sections (like Section 153 on promoting enmity).
This reflects a legislative attempt to criminalize conduct involving the deliberate dissemination of harmful narratives that go beyond mere freedom of speech and pose a threat to the fundamental interests of the state and society.
Modified Offences under BNS
Changes in Definition and Punishment of Sedition (Section 150 BNS)
As discussed earlier under Offences against the State, the offence of sedition from the IPC has been modified and included in the BNS under a new heading.
Old Provision (Section 124A IPC):
Defined sedition as exciting or attempting to excite hatred, contempt, or disaffection towards the Government established by law. It was punishable with life imprisonment + fine, or imprisonment up to 3 years + fine.
New Provision (Section 150 BNS):
Titled
Changes in Punishment:
The punishment for the part relating to exciting disaffection (similar to old sedition) is now imprisonment for life, to which fine may be added, OR with imprisonment which may extend to
The inclusion of acts endangering sovereignty, unity, and integrity, and attempts to overthrow the government, under the same section with potentially similar punishments, suggests a broadened scope and increased severity for conduct perceived as a threat to the State.
The change in terminology from 'sedition' to 'acts endangering sovereignty, unity and integrity' also reflects a shift in emphasis, focusing on the impact on national security rather than merely disaffection towards the government.
New Categories under Grievous Hurt (Section 113 BNS)
The definition of Grievous Hurt, which is crucial for various offences against the human body, is retained in the BNS with some potential modifications in wording or interpretation.
Provision:
Section 113 of the BNS defines Grievous Hurt (similar to Section 320 of the IPC). It lists eight categories of injuries that are considered grievous hurt.
New Categories (Potential):
Based on preliminary analysis and discussions surrounding the BNS, there might be subtle changes or rewordings within the eight categories that could potentially bring certain types of injuries more explicitly under the definition of grievous hurt. However, the core categories (emasculation, loss of sight/hearing, loss of limb/joint, permanent disfigurement, fracture/dislocation, injury endangering life or causing severe pain/incapacity for 20 days) are largely retained from the IPC.
Any significant changes would likely involve either adding new categories of severe injuries or clarifying the scope of existing ones based on medical advancements or evolving understanding of severe harm. For instance, injuries causing severe psychological harm or permanent disability that might not have been clearly covered under the old definition of "endangers life" or "severe bodily pain for 20 days" could potentially be addressed. However, the precise impact of the BNS on this definition depends on the specific wording and judicial interpretation compared to the long-standing case law under Section 320 IPC.
The definition of grievous hurt is fundamental to offences like Voluntarily Causing Grievous Hurt (Section 112 BNS), causing death by doing a rash or negligent act not amounting to culpable homicide (Section 105 BNS - though this relates to death), etc., and any change here affects the scope and seriousness of these related offences.
Changes in Offences related to Sexual Harassment
Offences related to sexual harassment, which were added to the IPC relatively recently (post-Nirbhaya case amendments), are retained and structured in the BNS.
Previous Position (IPC):
Sections 354A to 354D were added to the IPC in 2013, criminalizing specific acts like sexual harassment (354A), assault or use of criminal force to woman with intent to disrobe (354B), voyeurism (354C), and stalking (354D).
Provisions in BNS:
Sexual Harassment (Section 76 BNS): This section is broadly similar to Section 354A IPC, defining sexual harassment and prescribing punishment. It lists the specific unwelcome acts that constitute sexual harassment (physical contact with advances, demand for sexual favours, showing pornography, sexually coloured remarks).Assault or criminal force to woman with intent to disrobe (Section 72 BNS): Similar to Section 354B IPC.Voyeurism (Section 74 BNS): Similar to Section 354C IPC, criminalizing capturing or disseminating images of a woman in a private act.Stalking (Section 75 BNS): Similar to Section 354D IPC, criminalizing following a person, contacting them, or attempting to contact them repeatedly despite a clear indication of disinterest, with exceptions.
The BNS retains these specific offences criminalizing different forms of sexual harassment and related acts. While the definitions and punishments are largely carried over from the IPC amendments, their placement within the new structure (Chapter V, Offences relating to Marriage and Chapter VI, Offences relating to Women and Children) and potential minor wording changes might affect their interpretation and application.
The commitment to addressing sexual harassment and related issues remains a focus in the BNS, building upon the legal framework established by recent amendments to the IPC.
Organised Trafficking in Persons (Section 79 BNS)
As discussed earlier, the BNS introduces a specific offence for 'Organised trafficking in persons'. While the IPC (Section 370) defined 'trafficking of persons' (inserted by the 2013 amendment), the BNS appears to create a distinct, potentially aggravated offence for the 'organised' aspect of trafficking.
Previous Position (IPC):
Section 370 of the IPC (as amended in 2013) defined trafficking of persons to include recruitment, transportation, transfer, harbouring, or receipt of persons by various means (force, coercion, abduction, fraud, etc.) for the purpose of exploitation.
New Offence (Section 79 BNS):
Section 79 of the BNS defines 'Organised trafficking in persons'. The key distinction likely lies in the requirement of involvement of a 'group of two or more persons' acting with the objective of gaining pecuniary benefits or undue advantage, specifically in the context of trafficking activities listed. The definition of 'Organised crime' in Section 172 also lists 'trafficking in persons' as an organised crime activity.
The creation of a distinct offence and punishment structure for 'Organised trafficking in persons' suggests a focus on disrupting criminal networks involved in trafficking, treating it as a specific form of organised crime. This complements the general provisions on trafficking (which may also be retained elsewhere in the BNS or through the definition of exploitation) and potentially provides for harsher penalties when the trafficking is part of an organised operation.
This modification reflects the legislative intent to strengthen laws against human trafficking, particularly targeting the organised nature of such criminal activities.
The BNS contains a mix of completely new offences addressing modern forms of crime and significant modifications to existing offences, aiming to create a more effective, contemporary, and victim-centric criminal law framework for India.