The Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) have come into force in the country since July 1.
The following are some of the key changes in the new criminal laws.
1. Community service – It has been added to punishments under the BNSS. An explanation for community service under Clause 23 of the BNSS states that ‘work’ which the court may order or convert to perform as a form of punishment that benefits the community, without any remuneration.
Categories of crimes punishable by community service: Involvement of public servants in illegal trade, attempt to commit suicide to influence legal authority, public misconduct by a drunken person, defamation.
Snatching – Introduction of Clause 112 of BNS has marked ‘snatching’ as a distinct crime. It has been categorized under ‘petty organised crime’.
Punishment- Upto three years imprisonment.
Sedition – Clause 152 of BNS has been added in place of Section 124A of IPC. The BNS explains that acts such as attempts to incite secession, encouraging feelings of separatist or endangering the sovereignty or unity or integrity of India are punishable. In the BNS, the word sedition has been removed.
Punishment – Life imprisonment; or upto seven years with fine.
2. Mob Lynching – A new Clause 103(2) and 117(4) of BNS has been introduced for mob lynching. It explains the offence of murder or grievous hurt by five or more people on the grounds of caste, race, sex, language or personal belief.
Punishment – Minimum of seven years imprisonment which may extend to imprisonment for life or death.
3. Witness Protection Scheme (WPS) – The BNSS has legally introduced the WPS under Clause 398 for the State Government to ensure security and protection of the witnesses.
4. Sexual offences against women and children – Clause 63-99 of BNS brings in gender-neutral definitions to crimes like voyeurism, sexual harassment, rape, kidnapping etc. Words like ‘minor’, ‘male and female below 18 years’ used earlier in the IPC have all now been replaced by the word ‘child’.
Clause 63 – The definition of rape has increased the age of consent from 15 years to 18 years.
Clause 64(1) – The punishment of rape has been increased to ten years upto life imprisonment.
Clause 70(2) – The BNS introduces new offence of gang rape of woman below 18 years of age. Imprisonment of not less than 20 years and may extend to life imprisonment.
Punishment – Rigorous.
Clause 69 of BNS also criminalises sexual intercourse made under false promises of marriage.
Punishment – Imprisonment upto ten years, with or without fine.
Clause 95 of BNS criminalises hiring, employing or engaging children to commit an offence.
Punishment – Imprisonment of not less than three years but may extend to ten years.
Clause 135- The BNS has made kidnapping of all children below 18 years of age an offence.
Punishment – Imprisonment, which may extend to seven years and with fine.
5. Terrorism – Clause 113 of BNS outlines various acts that constitute terrorism including use of explosives, lethal weapons, chemicals or any hazardous substances intending to threaten the unity, integrity and security of India; or intimidate the general public; or disturb public order.
Punishment – Five years to life imprisonment without parole or death sentence.
6. Specific timelines – The BNSS mentions ‘speedy justice’ as a primary goal of the Bill. The timeline for investigation and judgement has been clearly mentioned in the BNSS.
For instance, Clause 193(2) requires police officer to complete the report of investigation within two months for POCSO cases including rape and gang rape.
Clause 392(4), 258(1) and 392(1) of the BNSS has provided that judgment and sentencing be completed within days ranging from seven to 45 days.
Clause 263(1) and 250(1) of the BNSS specifies that framing of charges has to be done by the competent Magistrate within 60 days from first hearing of charge. In order to expedite trial, commencement of in absentia trial offenders by a court shall be within 90 days from the framing of charge.
7. Reducing overcrowding in prisons – Clause 479(1) of the BNSS provides that a first time offender shall be released on bail if he has served a third of the maximum sentence prescribed. Clause 479(3) proposes to help in giving relief to petty crime accused by providing legal aid which would help in reducing the number or prisoners inside jails.
8. Organised Crime – Clause 111 of the BNS has been newly added. It criminalizes unlawful activities like, vehicle theft, theft from vehicle, organised pick pocketing, land grabbing, contract killing, economic offence, cyber-crimes, human trafficking for ransom, trafficking of drugs and weapons committed by group of persons either as a member of an organised crime mob or on behalf of such mob.
Clause 112 of the BNS has also been newly added. It criminalises acts of theft, snatching, cheating, illegal selling of tickets, betting or gambling, selling of public examination question papers committed by a group or gang of persons. These acts have been constituted as petty organised crime.
Punishment – In organised crimes, if the offence resulted in the death of a person, the accused shall be punished with death or imprisonment for life and shall also be liable to fine of not less than Rs 10 lakh. Members of an organised crime mob are punishable with imprisonment for not less than five years and could extend to life imprisonment. Petty organised crimes have also been criminalised with imprisonment of up to seven years.
