Bharatiya Nyaya Sanhita

The BNS is the new criminal law of India that replaced the Indian Penal Code, 1860. It came into force on 1 July 2024. It applies across all of India. The name "Bharatiya Nyaya Sanhita" translates to "Indian Justice Code."

Section 2 provides definitions for key terms used throughout the BNS. Important definitions include: "child" (below 18 years), "counterfeit", "document", "fraudulently", "dishonestly", "Government", "injury", "judge", "money", "public servant", "reason to believe", "valuable security", and "woman". These definitions determine how offences are interpreted and prosecuted.

BNS Section 4 lists the six types of punishments. The most significant NEW addition compared to IPC is "Community Service" as a punishment. Community service can be awarded instead of imprisonment for minor offences. The BNS has expanded community service provisions significantly as an alternative to incarceration for petty offences.

Waging war against India is the most serious offence in the BNS, punishable by death or life imprisonment. This provision is equivalent to the old IPC Section 121. Examples include armed rebellion against the Indian state, joining terrorist organisations at war with India, or assisting foreign powers in attacking India.

Section 152 is the replacement for the controversial sedition law (IPC Section 124A). Unlike sedition which was about "disaffection towards the government", Section 152 specifically targets acts that endanger India's sovereignty, unity, or integrity — including incitement to secession, armed rebellion, or separatist activities. The key difference: legitimate criticism of the government is NOT covered. Only acts that genuinely threaten India's territorial integrity are covered.

Murder is the most serious offence against a person. Under BNS, culpable homicide becomes murder when: (1) there is intention to cause death, (2) intention to cause injury likely to cause death, (3) intention to cause injury sufficient to cause death in the ordinary course of nature, or (4) knowledge that the act is so imminently dangerous that it must cause death. Exceptions to murder: grave provocation, exceeding the right of private defence, act of a public servant, sudden fight, consent.

Section 101 prescribes punishment for murder — death or imprisonment for life, plus fine. A NEW and significant provision in BNS (vs IPC): if a group of 5 or more persons commits murder based on grounds like race, caste, religion, sex, or language, each member of the group can be punished with death or life imprisonment. This provision specifically targets lynching and hate crime murders.

Culpable homicide not amounting to murder (CHNAM) is a lesser offence where death is caused but does not meet the full definition of murder. Punishment: up to 10 years or life imprisonment + fine. This covers cases where death results from an act done with knowledge that it is likely to cause death, but without the full intention required for murder.

Hurt is the basic offence of causing bodily pain, disease, or infirmity. It is a cognizable offence. Simple hurt is punishable with imprisonment up to 1 year or fine up to ₹10,000 or both. Grievous hurt (Section 114) involves specific serious injuries like emasculation, permanent damage to eyes, ears, fractures, permanent disfigurement, or life-threatening injuries.

Section 115 makes voluntarily causing non-grievous hurt punishable. Simple hurt: 1 year + ₹10,000 fine. If hurt is caused to: a public servant, during communal disturbance, or using a dangerous weapon, the punishment increases to 3-7 years. This provision addresses everyday assault cases.

Section 63 defines rape comprehensively. A man commits rape by: (1) Penetration without consent, (2) Penetration with consent obtained by force, fraud, impersonation, intoxication, or by misrepresenting himself as the victim's husband, (3) Any penetrative sexual act with a woman below 18 years (even with consent). Marital rape exception: sexual intercourse by a man with his own wife above 15 years is not rape (this controversial exception remains from IPC).

Punishment for rape: minimum 10 years, maximum life imprisonment + fine. Enhanced punishment (minimum 20 years to life): if victim is below 16 years, or offender is police/public servant/armed forces member, or if committed during communal riots. Death penalty: for rape of girl below 12 years (Section 66) and for repeat offenders in certain cases.

Gang rape: minimum 20 years imprisonment (real life imprisonment — for the remainder of the person's natural life), plus fine payable to the victim for rehabilitation. All participants are equally guilty regardless of individual role. If victim dies or is left in persistent vegetative state: death penalty. This provision was strengthened after the Nirbhaya case (2012).

Theft involves: (1) Dishonest intention, (2) Moveable property, (3) Taken from someone's possession, (4) Without consent. Key points: immovable property cannot be "stolen" (criminal trespass applies instead). An attached/rooted object (like a tree) can be stolen if first separated from the land. Electricity is moveable property and can be stolen.

Robbery = Theft + Force/Threat. When theft is accompanied by violence or threat of immediate harm to the victim, it becomes robbery. Punishment: up to 10 years + fine. Armed robbery or robbery in darkness (day/night): up to 14 years + fine. Robbery on a highway: minimum 7 years.

Criminal breach of trust (CBT) occurs when a person entrusted with property dishonestly misappropriates or converts it for their own use. CBT requires: (1) Entrustment of property, (2) Dishonest misappropriation, (3) Violation of trust/legal direction. Common examples: company directors misusing company funds, employees stealing from employers, trustees misusing trust property, advocates misusing client money.

Cheating involves: (1) Deception, (2) Inducing delivery of property or causing harm, (3) Damage to the deceived person. Key elements: there must be a fraudulent intention at the time of the act; subsequent failure to pay is not always cheating. Common scenarios: false representation to obtain loans, online fraud, investment fraud, matrimonial fraud. Section 318 cheating (up to 3 years) vs Section 318(4) cheating with intent to deliver property fraudulently (up to 7 years).

Criminal intimidation means threatening someone with injury (physical, reputational, or to property) to cause alarm or force them to do/not do something. This includes threats by phone, message, email, or in person. Punishment: up to 2 years + fine. Threatening with death or grievous hurt: up to 7 years + fine.

Section 353 covers false statements, rumours, and fake news that cause public mischief. This includes spreading misinformation that endangers national security, incites people against public officials, creates panic, or undermines India's credit. Often used in cases of WhatsApp fake news, social media misinformation, and panic-inducing rumours during disasters.

Defamation under BNS Section 356 is criminal defamation (civil defamation is under tort law). It requires: (1) Making or publishing a statement, (2) About an identified person, (3) With intent to harm reputation, (4) Which actually harms reputation. Truth is a complete defence if publication is for public good. Fair comment on matters of public interest and fair criticism of public acts are also defences. Criminal defamation was challenged in Subramanian Swamy v. Union of India (2016) and the Supreme Court upheld its constitutional validity.

Section 111 is a NEW provision in BNS (no IPC equivalent). It defines "organised crime" as continuing unlawful activity by an organised crime syndicate — kidnapping, extortion, land grabbing, contract killing, economic offences, cyber crimes, trafficking, etc. This provision was modelled on MCOCA (Maharashtra Control of Organised Crime Act) and similar state laws. It creates strict liability for syndicate members and allows courts to consider the entire criminal enterprise as a whole.

Section 113 is another NEW provision — it defines terrorism in the general criminal law for the first time (previously only in UAPA). A terrorist act means any act that threatens India's unity, security, economic security, or strikes terror in people. BNS defines "terrorist" to include those who act for ideology, religion, race, or any belief. This overlaps with UAPA but provides an alternative prosecution route.