Data Structure
Networking
RDBMS
Operating System
Java
MS Excel
iOS
HTML
CSS
Android
Python
C Programming
C++
C#
MongoDB
MySQL
Javascript
PHP
Physics
Chemistry
Biology
Mathematics
English
Economics
Psychology
Social Studies
Fashion Studies
Legal Studies
- Selected Reading
- UPSC IAS Exams Notes
- Developer's Best Practices
- Questions and Answers
- Effective Resume Writing
- HR Interview Questions
- Computer Glossary
- Who is Who
Indian Penal Code Sections Not Included in Bharatiya Nyaya Sanhita
Bharatiya Nyaya Sanhita, 2023 is one of the newest legislations that came into existence by replacing the Indian Penal Code of 1860. On 11th of August, Ministry of Home Affairs has introduced the Bharatiya Nyaya Sanhita Bill in the Lok Sabha (Lower House) that finally passed by Lok Sabha on 20th of December, 2023 and also by Rajya Sabha same day i.e. on 20th of December, 2023. Subsequently, on 25th of December, 2023, Hon’ble President Droupadi Murmu has also signed the Bill and it became an Act.
The BNS is thoroughly revised form of the Indian Penal Code with certain amendments in the form of changes in certain sections, deletion of certain sections, and inclusion of certain new sections.
Indian Penal Code Sections those are not Included in Bharatiya Nyaya Sanhita
Though the BNS has retains most of the provisions of Indian Penal Code with or without amendments; however, there are certain provisions, meaningfully defined and, were fully functional under Indian Penal Code, but not included in Bharatiya Nyaya Sanhita in toto.
Following are the major sections of IPC that not included in BNS −
Section 124A (Sedition) − The section 124A is not deleted in its entirety rather it is amended with broader clauses protecting national security and sovereignty. The amended provision is described under section 147 as “Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.” Likewise, the term “Sedition” is deleted and the language amended.
Section 309 (Attempt to Suicide) − Though Section 115 of the Mental Healthcare Act, 2017 read as “Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code” has already decriminalized section 309 and the BNS has entirely removed this section of Indian Penal Code.
Section 310 (Thug) − Section 310 that defines robbery or child-stealing by means of or accompanied with murder as a thug, is entirely deleted and not included in BNS.
Section 377 (Unnatural Offence) − In the case Navtej Singh Johar v. Union of India, the Supreme Court of India, has already removed some part of Section 377 that criminalizes unnatural sexual relationship. Furthermore, the BNS has entirely removed the section 377.
Section 428 (Killing of Animals) − The Section 428 of IPC read as “Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” On the other hand, Section 325 states of BNS that “Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.” Likewise, section 428 of IPC amended.
Section 429 (Mischief by killing or maiming cattle, etc.) − Section 429 of IPC that prohibits killing or maiming cattle, etc. not included in BNS.
Section 497 (Adultery) − In the case Joseph Shine vs. Union of India, 2019, the Supreme Court decriminalized the offence of “adultery.” Furthermore, by following the apex court’s judgement, the BNS entirely removed section 497.
Redundant Provisions − Many of the provisions those are repealed and no more effective, are deleted to avoid confusion and improve clarity within the legal framework.
Conclusion
Bharatiya Nyaya Sanhita, which is a revised form of the Indian Penal Code brought substantial changes in criminal law. Primarily, the Sanhita emphasized on the applicability of respective provisions in the present context. Secondly, it attempted to organize and consolidate certain provisions, which are present sporadically in the Code. Lastly, the Sanhita, by understanding the inapplicability of certain provisions, entirely removed from the book. Likewise, the newly legislated “Sanhita” is a modern form of law that designed to fit in technologically advanced society.
Frequently Asked Questions
Q1. What are major sections of the IPC not included in the Bharatiya Nyaya Sanhita?
Ans. Following are the key sections that not included in the BNS −
Sedition (Section 124A)
Adultery (Section 497)
Attempt to Suicide (Section 309)
Q2. Why are some sections omitted from the BNS?
Ans. Following are some of the key reasons −
Modernization − The BNS aims to update the penal code based on the present standard of society and to remove unnecessary or outdated provisions.
Human Rights Concerns − Some provisions like sedition and adultery raised human rights concerns and potential misuse, leading to their removal.
Strengthening Existing Frameworks − The special laws like the Prevention of Cruelty to Animals Act are deemed sufficient, making redundant IPC sections unnecessary.
Q3. Does the absence of the omitted sections affect existing convictions or cases?
Ans. Not really, as the existing convictions under the omitted sections remain valid until challenged or reviewed through legal processes. Ongoing cases (most likely) will be trialed as per their given sections of IPC. The new legislation would not affect them.
Q4. Does the BNS introduce any new provisions not present in the IPC?
Ans. The Bharatiya Nyaya Sanhita has incorporated a few (entirely) new provisions such as cybercrime, organized crime, and community service through new sections, offering a more comprehensive legal framework.
28 Views
To Continue Learning Please Login