Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita
Parliament of India
Long title An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
Citation	Act No. 45 of 2023
Territorial extent	India
Passed by	Lok Sabha
Passed	20 December 2023
Passed by	Rajya Sabha
Passed	21 December 2023
Assented to by	President of India
Assented to	25 December 2023
Legislative history
First chamber: Lok Sabha
Bill title	The Bharatiya Nyaya (Second) Sanhita Bill, 2023
Bill citation	Bill No. 173 of 2023
Introduced by	Home Minister, Amit Shah
Introduced	12 December 2023
Committee responsible	Parliamentary Standing Committee
Passed	20 December 2023
Voting summary	Majority Voice voted for Minority Voice voted against
Second chamber: Rajya Sabha
Bill title	The Bharatiya Nyaya (Second) Sanhita Bill, 2023
Received from the Lok Sabha	20 December 2023
Member(s) in charge	Home Minister, Amit Shah
Passed	21 December 2023
Voting summary	Majority Voice voted for Minority Voice voted against
Final stages
Finally passed both chambers	21 December 2023
Repeals
Indian Penal Code
Related legislation
Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act, 2023
Summary
The bill seeks to replace the entire Indian Penal Code and to provide a new approach for penalties and punishments for crimes defined under a new pattern.
Status: In force

The Bharatiya Nyaya Sanhita (BNS) is the official criminal code in the Republic of India. It was introduced in December 2023 to replace the Indian Penal Code (IPC), which dated back to the period of British India.

Background and timeline

• On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Nyaya Sanhita Bill, 2023 in the Lok Sabha.
• On 12 December 2023, the Bharatiya Nyaya Sanhita Bill, 2023 was withdrawn.
• On 12 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was introduced in Lok Sabha.^[1]
• On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in Lok Sabha.^[2]
• On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha.
• On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the assent of the President of India.^[3]

Changes

In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have been dropped. The punishment of imprisonment has been increased for 33 offences, and fines have been increased for 83 offences. A mandatory minimum punishment has been introduced for 23 offences. A sentence of community service has been introduced for six offences.^[4]

• Offences against the body: The BNS retains the provisions of the IPC on murder, abetment of suicide, assault and causing grievous hurt. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.
• Sexual offences against women: The BNS retains the provisions of the IPC on rape, voyeurism, stalking and insulting the modesty of a woman. It increases the threshold for the victim to be classified as a major, in the case of gang rape, from 16 to 18 years of age.
• Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud.
• Offences against the state: The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity.
• Offences against the public: The BNS adds new offences such as environmental pollution and human trafficking.^{[citation needed]}

Structure

The Bharatiya Nyaya Sanhita comprises 20 chapters and 358 sections. Its structure is similar to that of the IPC. The outline of the Sanhita is as follows:^[5][6]

See also

• Bharatiya Nagarik Suraksha Sanhita
• Bharatiya Sakshya Act, 2023

References