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Sections in Bharatiya Nyaya Sanhita Not Present in the Indian Penal Code
The Bharatiya Nyaya Sanhita (BNS) Bill that was primarily introduced on 11th of August, 2023, finally became full-fledged law, as the President signed (the bill) on 25th of December, 2023. The BNS, which is thoroughly revised form of existing Indian Penal Code of 1860, has deleted some of the non-relevant provisions, some provisions amended, and as per the requirements of the present society, some (entirely) new provisions are also inserted.
Sections in Bharatiya Nyaya Sanhita that were Not Present in the Indian Penal Code
The Bharatiya Nyaya Sanhita, 2023, included some new sections, which address contemporary challenges not covered under the existing Indian Penal Code (IPC). The major objectives behind such changes are to modernize the legal framework, organized and consolidate, and provide more comprehensive regulations for emerging threats and social concerns.
Following are some of the key provisions those were not present in IPC −
Section 4 (f) (Community Service as Punishment) − Chapter II that deals with “Punishment,” defines “community service” as one of the types of punishments. In other words, “community service” can be seen as an alternative or additional punishment for certain offenses. The objective behind inserting the provision of community service as punishment is to rehabilitate and reduce prison overcrowding while contributing to the community.
Section 69 (Sexual Intercourse by employing deceitful means, etc.) − Section 69 states that “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.” In other words, if any person under false promise of marrying, make sexual relationship with a woman, it will be a punishable offence.
Section 111 (Organized Crime) − Section 111 of BNS that defines organized crimes, is entirely new provision. This provision inserted with the objective to combat organized criminal activities. Section 111 is read as “Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.” Besides, this section also included cyber-crimes.
Section 112 (Petty Organized Crime.) − Section 112 penalizes the crimes committed on small level but in organized manner. The provision says – “Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.”
Section 113 (Terrorist Act) − The section 112 exclusively dedicated to “terrorist act.” It defines and penalizes acts of terrorism to maintain societal peace and harmony and also to protect the national security. This provides a specific legal framework for addressing terrorist threats without relying on broader sections of the IPC.
Section 117 (4) (Grievous Hurt by a Group on Certain Grounds): − Section 117 (4) defines grievous hurt committed by a group of people. The provision says – “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.”
Section 103 (2) (Murder by a Group on Certain Grounds) − Section 103 (2) explains a murder committed by a group of people and also defines its punishment. The provision says – “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.”
Section 226 (Attempts to Commit Suicide) − The section 226 read as “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.” In other words, if any person intentionally tries to commit suicide to compel respective officer or public servant to intended work, then it will a punishable offence.
Conclusion
Human civilizations, inherently dynamic, consistently strive to evolve their socio-cultural practices. The legal framework, deeply rooted in these practices, naturally necessitates adaptation. In response to the evolving demands of our technologically advanced society, the Bharatiya Nyaya Sanhita introduced several progressive provisions, addressing issues like cyber-crimes, organized crimes, and group crimes, particularly those rooted in factors such as race, caste, and religion.
While the implementation of these new provisions poses challenges for administration, it is crucial for the sake of good governance and public welfare. The imperative to update and enforce these regulations is integral to fostering a legal system that aligns with the evolving needs of society.
Frequently Asked Questions
Q1. What are the main areas covered by new sections in the BNS?
Ans. The BNS introduces new sections largely focusing on contemporary issues such as organized crimes, cybercrimes, terrorism, group crimes (mob lynching), etc.
Q2. Why are these new sections necessary?
Ans. The Indian Penal Code that drafted in 1840s and enacted in 1860, lacks provisions for contemporary challenges like cybercrime and organized crime. Therefore, to fill the gap, the BNS legislated that on the other hand, updates the legal framework to address these emerging threats and societal concerns efficiently.
Q3. Do these new sections replace existing laws?
Ans. No, the new sections inserted the BNS, rather complement the existing laws. For example, cybercrime provisions in the BNS co-exist with the Information Technology Act, 2000, offering a more comprehensive approach.
Q4. How do these new sections impact the legal system?
Ans. These new provisions provide law enforcement with better tools to tackle specific crimes and protect vulnerable groups especially in the cyber world. Besides, they also offer potential options like community service to promote rehabilitation and reduce prison overcrowding.
Q5. Are there concerns about these new sections?
Ans. Nothing in this world is free from concerns; however, the point that need to be paid attention, is the degree of advantages for society at large. So, in that context, these are essential provisions, especially in the present technological world. However, there are some concerns such as misuse of provisions like organized crime by authorities targeting legitimate businesses or activists. Also, broad definitions in some sections like terrorism might require careful scrutiny to avoid infringing on civil liberties.
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