ALL ABOUT OFFENCES AND PUNISHMENT UNDER BHARATIYA
NYAYA SANHITA, 2023 (BNS)
ABETMENT OUTSIDE INDIA FOR OFFENCE IN INDIA [SECTION 48 OF BNS] [1.1]
Abetment outside India
Section 48 of BNS is a new provision [NEW]
Section 48 of BNS provides that a person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.
Abetment by a person outside India has been made an offence under section 48 to allow prosecution of person located in foreign country.
ABETTING COMMISSION OF OFFENCE BY PUBLIC OR BY MORE THAN TEN PERSONS [SECTION 57 OF BNS/SECTION 117 OF IPC] [1.2]
Prescribed punishment
Section 117 of IPC provided for imprisonment upto 3 years or ne or both. Section 57 of BNS provides for imprisonment of either description for a term which may extend to 7 years and ne.
Para 1.7 ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 20
ACID, VOLUNTARILY CAUSING GRIEVOUS HURT BY USE OF
[SECTION 124 OF BNS/SECTIONS 326A AND 326B OF IPC] [1.3]
Permanent Vegetative State
Besides the words ‘injury or hurt’ in section 326B of IPC, words ‘or causes a person to be in a permanent vegetative state’ are added in section 124(2) of BNS.
“Permanent vegetative state” need not be irreversible.
ADULTERY
[SECTION 497 OF IPC (OMITTED BY BNS)] [1.4]
Provision now omitted
Hitherto, adultery was a punishable offence under section 497 of IPC
BNS has omits the offence of adultery
AFFRAY
[SECTION 194(1) OF BNS/SECTION 159 OF IPC/ SECTION 194(2) OF BNS/SECTION 160 OF IPC] [1.5]
Prescribed ne
Amount of ne increased 10-fold from ` 100 to ` 1000
ANIMAL, NEGLIGENT CONDUCT WITH RESPECT TO ANIMAL
[SECTION 291 OF BNS/SECTION 289 OF IPC] [1.6]
Prescribed ne
Amount of ne increased ve-fold from ` 1000 to ` 5000
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TODESERTER CONCEALED ON BOARD MERCHANT VESSEL THROUGH NEGLIGENCE OF MASTER
[SECTION 165 OF BNS/SECTION 137 OF IPC] [1.7]
Prescribed ne
Fine is increased from ` 500 to ` 3000
21 ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 Para 1.11
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - HARBOURING DESERTER [SECTION 164 OF BNS/SECTION 136 OF IPC] [1.8]
Spouse
Difference between section 136 of IPC and the section 164 of BNS is in the exception clause. While the old law speci cally mentioned that the exception applies when a wife provides shelter to her husband, the new law uses the more gender-neutral term “spouse”, indicating that the exception applies when either a husband or a wife provides shelter to their spouse who is a deserter. This change re ects a more inclusive approach in the new law.
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - MUTINY, IF MUTINY IS COMMITTED IN CONSEQUENCE THEREOF, ABETMENT OF [SECTION 160 OF BNS/SECTION 132 OF IPC] [1.9]
Prescribed punishments
Imprisonment of 3 years is increased to 10 years
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - SOLDIER, SAILOR OR AIRMAN, ABETMENT OF ACT OF INSUBORDINATION BY [SECTION 166 OF BNS/SECTION 138 OF IPC] [1.10]
Prescribed punishment
Imprisonment is increased from 6 months to 2 years
ARMY, NAVY AND AIR FORCE, OFFENCES RELATING TO - SOLDIER, SAILOR OR AIRMAN, WEARING GARB OR CARRYING TOKEN USED BY [SECTION 168 OF BNS/SECTION 140 OF IPC] [1.11]
Prescribed ne Fine is increased from ` 500 to ` 2000
Para 1.16 ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 22
ASSAULT OR CRIMINAL FORCE IN ATTEMPT TO WRONGFULLY CONFINE A PERSON [SECTION 135 OF BNS/SECTION 357 OF IPC] [1.12]
Prescribed ne
Fine increased 5-fold from ` 1000 to ` 5000
ASSAULT OR CRIMINAL FORCE ON GRAVE PROVOCATION [SECTION 136 OF BNS/SECTION 358 OF IPC] [1.13]
Prescribed ne
Fine increased from ` 200 to ` 1000
ASSAULT OR CRIMINAL FORCE OTHERWISE THAN ON GRAVE PROVOCATION, PUNISHMENT FOR [SECTION 131 OF BNS/SECTION 352 OF IPC] [1.14]
Prescribed ne
Amount of ne imposable enhanced from ` 500 in section 352 of IPC to ` 1000 in section 131 of BNS
ASSESSOR, PERSONATION OF [SECTION 268 OF BNS/SECTION 229 OF IPC] [1.15]
Assessor
Section 268 of BNS focusses on “assessor” and does not refer to “juryman”
ATMOSPHERE MAKING, NOXIOUS TO HEALTH [SECTION 280 OF BNS/SECTION 278 OF IPC] [1.16]
Prescribed ne
Amount of ne doubled from ` 500 to ` 1000
AUTOMATED TELLER MACHINE
See ‘Theft’, para 1.150
23
ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 Para 1.18
AUTOMATED TELLER MACHINE, THEFT OF
See Organised crime, petty, para 1.100
BEGGARY
[SECTION 143 OF BNS/SECTION 370 OF IPC] [1.17]
Beggary
Beggary has been introduced as a form of exploitation for traf cking and made punishable under section 143 of the BNS. [Explanation 1 to section 143(1) of BNS].
The de nition of exploitation in Explanation 1 to section 370(1) of IPC did not cover beggary in its scope .
Minor
For the word ‘minor’, word ‘child’ is used.
BETTING AND GAMBLING, UNAUTHORISED
See Organised crime, petty, para 1.100
BREACH
OF
PEACE, INTENTIONAL INSULT WITH INTENT TO PROVOKE
[SECTION 352 OF BNS/SECTION 504 OF IPC] [1.18]
Mandatory Summary trial
Offence of insult with intent to provoke a breach of the peace under section 352 of BNS is now mandatorily to be tried summarily as per section 283(1)(v) of BNSS. Under section 260 of Cr.PC, it was summarily triable by Magistrate at his discretion. Offences enumerated in section 283(1) of BNSS are mandatorily to be tried summarily by Magistrates.
CARD SKIMMING
See ‘Theft’, para 1.150
CARD SKIMMING, THEFT THROUGH
See Organised crime, petty, para 1.100
Para 1.20 ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 24
CARGO THEFT
See Organised crime, petty, para 1.100
See ‘Theft’, para 1.150
CAUSING DEATH BY NEGLIGENCE
[SECTION 106(1) OF BNS/SECTION 304A OF IPC] [1.19]
Increased punishment
Section 106(1) of BNS provides that whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to ve years (2 years under section 304A of IPC).
The new law increases the punishment for causing death by negligence from a maximum of two years to a maximum of ve years. This change re ects a stricter approach to cases of negligence resulting in death.
See also Hit and run cases and also Medical Practitioner causing death by his negligent act in medical procedure.
CHEATING
[SECTION 318 OF BNS/ SECTIONS 415, 417, 418 AND 420 OF IPC] [1.20]
Prescribed punishment
Punishment for cheating by way of imprisonment increased from 1 year (section 417 of IPC) to 3 years (under section 318(2) of BNS)
Punishment by way of imprisonment for cheating a person whose interest the offender was bound to protect has been increased from 3 years (section 418 of IPC) to 5 years (under section 318(3) of BNS)
When offence of cheating is punishable under this section and when punishable u/s 112
If offender committing cheating is a member of a gang or group, the offence of cheating is punishable under section 112 as petty organized crime.
If he commits it as a lone wolf (operating by himself solo and not part of gang/group), it will be punishable under this section.
25 ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 Para 1.23
CHEATING [1.21]
[Definition : Section 318(1)]
If offender is part of a group or a gang
If offender is a lone wolf (sole operator not part of any group or gang)
Punishable as petty organised crime under section 112(2) of BNS
[Non-compoundable offence]
Punishable under section 318(2)/318(3)/318(4)
[offence under section 318(2) is compoundable u/s 359(1) of BNSS; offence u/s 318(3) and 318(4) are compoundable u/s 359(2) of BNSS]
See also Organised crime, petty, para 1.100
CHEATING BY PERSONATION
[SECTION 319 OF BNS/ SECTIONS 416 AND 419 OF IPC] [1.22]
Prescribed punishment
Punishment for cheating by personation is increased from 3 years (section 419 of IPC) to 5 years (section 319(2) of BNS)
CHILD [SECTION 2(3) OF BNS] [1.23]
Child
Section 2(3) of BNS is a new provision [NEW] Section 2(3) of BNS de nes ‘child’ to means any person below the age of 18 years
Para 1.26 ALL ABOUT OFFENCES AND PUNISHMENT UNDER BNS, 2023 26
CHILD, BUYING FOR PURPOSES OF PROSTITUTION, ETC. [SECTION 99 OF BNS/SECTION 373 OF IPC] [1.24]
Child
Word ‘child’ is substituted for ‘person’ in section 99 of BNS
Prescribed imprisonment
Imprisonment prescribed is ‘not less than 7 years but which may extend to 14 years’. Earlier prescribed imprisonment was ‘ten years’
CHILD, HIRING, EMPLOYING OR ENGAGING TO COMMIT AN OFFENCE [SECTION 95 OF BNS] [1.25]
Hiring child to commit an offence
Section 95 of BNS is a new provision [NEW]
Section 95 of BNS provides that whoever hires, employs or engages any person below the age of eighteen years to commit an offence shall be punished for with imprisonment of either description or ne provided for that offence as if the offence has been committed by such person himself.
Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
CHILD, PROCURATION OF [SECTION 96 OF BNS/SECTION 366A OF IPC] [1.26]
Offence made gender neutral
Section 366A of IPC provided for offence of procuration of minor girl (under the age of eighteen years). Section 96 of BNS deals with offence of procuration of any child below the age of eighteen years (irrespective of gender).
The protection accorded by section 96 of BNS to children is wider than that accorded by section 366A of IPC since protection under section 96 is available to all children irrespective of gender while section 366A protected only minor girls.
