How is the Bharatiya Nyaya Sanhita Different from Indian Penal Code?

On August 10, 2023, the Ministry of Home Affairs has introduced Bharatiya Nyaya Sanhita Bill (and finally assented on 25th of December, 2023) to replace the existing Indian Penal Code of 1860. While introducing the Bill in Lok Sabha, Amit Shah, the Union Home Minister, said that the existing criminal laws were reflective of the colonial mindset, which was enacted with the intention of punishing and not imparting justice. On the other hand, the new law will be "consonance with the spirit of the Constitution."

Likewise, as per the recent update, the Bill was passed in the Lok Sabha on 20^th December, 2023 and by Rajya Sabha on 21^st of December, and subsequently, assented by the President of India on 25^th of December, 2023.

What is Indian Penal Code, 1860?

The Indian Penal Code (IPC), which is comprehensive legal code that primarily classifies and defines all types of criminal offenses and their punishments in a given condition, was enacted in 1860. It was enacted by British Colonial rule and continues to serve as the primary criminal code in the country.

The IPC defines a wide range of offenses, including crime against persons, property, the state, public order, and morality. Further, it provides a systematic framework of definitions and punishments. Over period in time, the Code has been amended many times to adjust the changing societal norms, technological advancement (associated crimes), and other legal requirements. Such amendments ensure and maintain its relevance as a cornerstone of India’s criminal justice system.

What is the Bharatiya Nyaya Sanhita, 2023?

The Bharatiya Nyaya Sanhita (BNS) that was introduced by the Ministry of Home Affairs on 10^th of August, 2023, is an entirely revised version of Indian Penal Code. The Sanhita proposes significant substantial and structural changes to the existing Indian Penal Code (IPC) of 1860. However, as per the last update, it was passed by the both houses of the Parliament and also signed by the President. Likewise, it is now officially replaced the existing IPC and became a full-fledged law.

What is Differences Between Indian Penal Code and Bharatiya Nyaya Sanhita, 2023?

Bharatiya Nyaya Sanhita is the revised version of Indian Penal Code and the key differences are −

Basis	Indian Penal Code, 1860	Bharatiya Nyaya Sanhita, 2023
Chapter Organization	Though the Chapters are organized orderly and systematically, but many of the topics are overlapping over different chapters.	All the Chapters are re-organized and consolidated more transparently.
New Chapters/Topics	IPC does not define some the crimes that arose later, such as terrorism and other type of organized crimes	The BNS clearly defines the terrorism act and organized crimes.
Removal of Obsolete Provisions	IPC is unnecessarily carrying the outdated offences (e.g. "adultery") that no need to be there.	The BNS has removed all such terms and reduced the number of codes.
Section-level Changes	IPC has total 511 Sections spread over 23 Chapters.	While the BNS has total 358 Sections spread over 20 Chapters.
Clarification and Modernization	Since, it has 19th Century British English, it is comparatively lengthy and complex language, which many times difficult to interpret.	The BNS uses simple and clear language and terminologies that update outdated wording and references. The objective is to improve accessibility and consistency throughout the code.
Expansion of Scope	Some of the offenses have narrow explanation, as that time all such offenses were either not present or consequences were pretty limited.	Whereas, the BNS has defined all such offenses comprehensively e.g. offences, like sexual assault, are expanded in the BNS to cover broader situations and protect more vulnerable groups.
Sentencing Guidelines	The IPC defines comparatively vague sentencing guidelines that more often creates dilemma situations.	The BNS provides clearer sentencing guidelines for judges, with the objective to have greater consistency and proportionality in punishments.
Sedition	Section 124A of IPC defines the offence “sedition” as crime against state/government.	The BNS removes the (controversial offence of) sedition, replacing it with provisions protecting national security and sovereignty.
Community Service	The IPC has not defined term like community service.	The BNS introduces community service as a sentencing option and offers alternative sanctions and engaging offenders in positive community contributions.
Technology Integration	The IPC when enacted, the technological scopes were very limited and hence at that time, it was difficult to speculate such new crimes.	The BNS clearly acknowledges and addresses new crimes especially related to technology, e.g. cybercrimes, reflecting the modern technological landscape.

Conclusion

Indian Penal Code of 1860 that Indian judiciary has been taking reference of while doing criminal trial and pronouncing subsequent punishment, is applied substantive criminal law. But as per the societal changes and various crimes that arose because of the technological advancements, have no place in the Code and raising problem in criminal justice. Therefore, the Bharatiya Nyaya Sanhita has been enacted to resolve all such issues. Secondly, the integrated objective is also to Indianise the Code, which has had British flavor and (at many places), not relevant in Indian context.

The BNS’ objective is to create a more streamlined, technologically advanced a humane criminal code. By removing redundant sections, updating language, and addressing contemporary issues, the BNS designed to make the law more accessible, enforceable, and responsive to current social and technological realities.

Frequently Asked Questions

Q. Why is the Bharatiya Nyaya Sanhita (BNS) being introduced?

Ans. The BNS is introduced with the objective to simplify and modernize the existing Indian Penal Code of 1860. Further, the Sanhita seeks to address contemporary issues like cybercrime, terrorism, and human rights concerns, while also streamlining the code for more efficient application.

Q. What are the major structural changes in the Bharatiya Nyaya Sanhita (BNS)?

Ans. The BNS has removed all the repealed and redundant sections and consolidated the existing sections based on their chapter names and relevancy, and attempted to create a leaner code. It also reorganizes chapters for better coherence, introduces new chapters like one on terrorism etc.

Q. How will the Bharatiya Nyaya Sanhita (BNS) handle punishments?

Ans. The BNS has clearly defined the respective punishments and also introduces community service as an alternative to imprisonment and fines. It focuses on rehabilitation and community engagement. On top of this, it also provides clearer sentencing guidelines for judges to promote consistency.

Q. What will happen to existing cases under the IPC?

Ans. Cases filed under the IPC will continue to be handled under IPC even after the BNS enactment. As the Constitution of India does not allow any new law applied with retrospective effect; therefore, all those ongoing criminal cases should be decided based on the Indian Penal Code of 1860.

Q. Does the BNS address controversial provisions like sedition?

Ans. The offence of “sedition,” defined under section 124A of Indian Penal Code, did not described in the BNS rather it is replaced by the provisions protecting national security and sovereignty. Interestingly, it has sparked debate, with concerns about potential limitations on free speech.