Bharatiya Nyaya
Sanhita (BNS), 2023
A new era of criminal justice in India — replacing IPC with modern, citizen-focused provisions.
Bharatiya Nyaya Sanhita (BNS), 2023 marks a historic shift in India’s criminal justice system.It replaces the 163-year-old Indian Penal Code, bringing clarity, speed, and fairness to the law.Designed for modern India, BNS emphasizes justice over punishment and simplifies complex legal procedures.
A New Era of Indian Criminal
Justice Begins
Introduction:
Understanding the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 (BNS) marks one of the most significant transformations in India’s legal history. Enacted by the Parliament and brought into force from 1 July 2024, the BNS replaces the Indian Penal Code (IPC), 1860, which had been the backbone of Indian criminal law for more than 163 years. This reform signifies not merely a change of name or structure, but a fundamental shift in India’s approach toward justice, accountability, and modernization.
The IPC, drafted during the British colonial period by Lord Macaulay and his committee, reflected the colonial mindset and priorities of the 19th century. Although it evolved through amendments and judicial interpretations, the law no longer aligned with the realities of a 21st-century India — one driven by technology, constitutional morality, and human rights. The BNS, therefore, emerges as a modernized, Indianized, and citizen-centric criminal code, designed to ensure justice that is swift, transparent, and accessible.
The primary objective of the BNS is to simplify criminal law, eliminate outdated provisions, and introduce clarity for both legal practitioners and ordinary citizens. It embodies the government’s broader vision of “Nyaya for All” — justice for every individual, irrespective of social or economic standing.
The Background: Why a New Criminal Law Was Needed
India’s criminal justice system has long faced criticism for being slow, complex, and outdated. The IPC’s structure — spread across 511 sections — was designed in an era when India’s social, technological, and economic contexts were drastically different. Over the decades, amendments tried to patch gaps, but the core remained outdated.
With the rise of Cyber Crime, terrorism, mob violence, and new forms of organized crime, the legal community increasingly demanded reform. Several committees, including the Law Commission of India (42nd, 156th, and 262nd Reports), recommended the need for a complete overhaul rather than piecemeal changes.
In 2019, the Ministry of Home Affairs formed an expert committee to revisit India’s criminal laws — not only to modernize them but also to make them more humane and technology-friendly. After extensive public consultation, the Bharatiya Nyaya Sanhita Bill, 2023 was introduced in Parliament alongside two other bills:
- Bharatiya Nagarik Suraksha Sanhita (BNSS) – replacing the Code of Criminal Procedure (CrPC)
- Bharatiya Sakshya Adhiniyam (BSA) – replacing the Indian Evidence Act (IEA)
All three together represent a holistic modernization of India’s criminal justice framework.
Structure and Overview of the BNS
The Bharatiya Nyaya Sanhita, 2023 consists of 358 sections, compared to the 511 sections of the IPC. The reduction in number does not indicate a loss of substance; rather, it reflects consolidation and clarity. Redundant sections have been removed, repetitive offences have been merged, and some provisions have been redefined in line with modern jurisprudence.
Key organizational highlights include:
- 358 Sections across multiple chapters
- Simplified definitions for easier interpretation
- Inclusion of digital offences, ensuring that crimes committed through technology are recognized
- Introduction of community service as a form of punishment for minor offences — reflecting a reformative approach rather than purely punitive
The language of the law has been simplified — complex colonial expressions have been replaced by plain, accessible English and, eventually, Indian language translations for better understanding by the common public.
Key Features of the BNS, 2023
The BNS isn’t merely an edited version of the IPC — it is a complete re-envisioning of criminal law in a constitutional democracy. Below are some of its standout features:
(a) Indianized Legal Philosophy: The BNS removes colonial terms and references, ensuring the law reflects Indian values, constitutional morality, and social realities. For example, “sedition” — a term heavily criticized for misuse — has been replaced by a new provision dealing with “acts endangering the sovereignty, unity, and integrity of India.”
(b) Gender-Neutral Language: Many offences that were earlier gender-specific (especially sexual crimes) have been made gender-neutral to ensure protection for all, irrespective of gender identity.
(c) Focus on Victims and Justice Delivery: For the first time, the criminal code gives explicit recognition to victims’ rights, mandating time-bound investigations, speedy trials, and use of technology to monitor progress.
(d) Incorporation of New-Age Crimes: Crimes such as organized crime, terrorism, mob lynching, and sexual crimes against women and children are explicitly defined and punished with stricter penalties. This ensures that the law evolves with the changing nature of criminality.
(e) Technology and Digital Evidence: The BNS integrates provisions that allow for digital or electronic evidence, online FIRs, and video-recorded testimonies — aligning criminal procedure with the digital era.
(f) Reformative Justice: Instead of focusing only on punishment, the BNS encourages community service and rehabilitation for minor offences, promoting social reintegration.
(g) Simplification & Clarity: By merging overlapping sections and removing archaic language, the BNS ensures easier interpretation and better application in courts, reducing ambiguity that often delayed trials.
Comparison Between The Indian Penal Code (IPC) and
The Bharatiya Nyaya Sanhita (BNS)
The Indian Penal Code (IPC), 1860 served India for more than a century and a half, providing the foundation for defining crimes and punishments. However, the Bharatiya Nyaya Sanhita (BNS), 2023 replaces it with a modern, constitutionally aligned, and technologically advanced legal framework.
Below is a detailed examination of their key differences — in structure, philosophy, and content.
A. Structural and Conceptual Differences
| Aspect | Indian Penal Code (IPC), 1860 | Bharatiya Nyaya Sanhita (BNS), 2023 |
| Origin | Drafted by Lord Macaulay during British rule | Drafted by Indian legal experts in independent India |
| Language & Style | Colonial English with archaic terms | Simplified, plain English; Indian legal terminology |
| Total Sections | 511 | 358 (streamlined and consolidated) |
| Focus | Punishment and deterrence | Justice, reformation, and victim-centric approach |
| Inclusion of Technology | Not explicitly covered | Includes digital and electronic crimes |
| Gender Perspective | Mostly gender-specific | Gender-neutral in several provisions |
| Community Service | Not recognized | Introduced for minor offences |
| Sedition (Section 124A) | Retained and often misused | Replaced with offence against sovereignty (Clause 150) |
| Mob Lynching / Organized Crime | No specific provision | Explicitly defined and punishable |
| Terrorism | Covered under special laws (like UAPA) | Integrated directly into the BNS |
- Replacing Colonial Concept:
- Section 124A (Sedition) often suppressed free speech. Under the BNS, it is replaced by Clause 150, which punishes only those acts that endanger the sovereignty, unity, and integrity of India. This ensures a balance between national security and freedom of expression.
- Gender-Neutral Offences:
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Organized Crime and Terrorism:
Earlier, crimes like organized crime or terrorist activities were handled through special acts such as the Unlawful Activities (Prevention) Act (UAPA) or MCOCA in Maharashtra. Now, the BNS integrates these offences directly, ensuring that the main penal code itself covers these crimes.
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Murder and Culpable Homicide:
While the core distinction remains, the language in BNS has been refined. Section 299 and 300 (IPC) are now reorganized under Clauses 101–103 (BNS) for greater clarity. The punishment for murder (life imprisonment or death) remains unchanged but the BNS adds clarity to exceptions and intention-based interpretation.
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Sexual Crimes:
In light of India’s evolving social norms and Supreme Court interpretations, the BNS incorporates stronger and clearer provisions against crimes like rape, gang rape, stalking, and sexual harassment. For example, marital rape is still a debated issue but the law now emphasizes consent and bodily autonomy.
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Economic and Cyber Offences:
With the digital revolution, crimes such as identity theft, online fraud, and data tampering have become common. While the IPC did not specifically mention them, the BNS provides a framework for technology-based evidence and prosecution, aligning with the Bharatiya Sakshya Adhiniyam (BSA), which recognizes electronic evidence as legally valid.
The IPC contained several provisions that reflected colonial priorities rather than Indian constitutional ideals.
For example:While the IPC used terms like “man” and “woman” distinctly, the BNS has adopted gender-neutral phrasing for many offences, including sexual harassment, assault, and voyeurism. This aligns Indian criminal law with international standards and evolving gender identities.
- Victim-Centric Approach:
- Simplification for Investigation:
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Integration with BNSS & BSA:
The BNS does not function in isolation. It is part of a three-law reform package, where the BNSS governs procedure (like CrPC) and BSA governs evidence (like IEA). Together, they ensure a cohesive criminal justice process from FIR to trial.
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Reformative and Restorative Justice:
For minor offences, the emphasis shifts from imprisonment to community service, reflecting India’s evolving view that punishment should lead to reformation, not social isolation
The BNS introduces provisions that strengthen victims’ rights, ensuring fair compensation, speedy investigation, and humane treatment during trials.
The reduction of sections and clear definitions help police officers and magistrates apply the law more efficiently
D. Examples of Specific Changes
IPC Section | BNS Clause | Description of Change |
Section 124A (Sedition) | Clause 150 | Now focuses on acts that threaten India’s sovereignty and unity — replaces sedition |
Section 302 (Murder) | Clause 103 | Retains punishment; simplifies definition |
Section 354 (Outraging Modesty of a Woman) | Clause 75 | Expanded, gender-neutral, stronger penalties |
Section 370 (Trafficking) | Clause 143 | Broadened definition and scope |
Section 420 (Cheating) | Clause 316 | Includes electronic transactions and cyber-cheating |
Section 499 (Defamation) | Clause 354 | Modernized with clearer exceptions for online expression |
Section 377 (Unnatural Offences) | Omitted | Removed in line with Supreme Court judgment in Navtej Singh Johar v. Union of India (2018) |
The BNS is not merely a replacement, but a redefinition of criminal law.
It moves India away from colonial-era legal ideology and towards a justice system that:
- Prioritizes citizen rights over state control,
- Embraces digitalization and transparency
- Promotes reform and reintegration over mere punishment, and
- Reflects Indian constitutional ethos — liberty, equality, and fraternity
The Indian Penal Code (IPC) will now exist only as a historical reference, studied by law students to understand the evolution of India’s jurisprudence. In practice, the BNS will govern all criminal proceedings initiated after its commencement date (1 July 2024).
Important Sections and Provisions under the Bharatiya Nyaya Sanhita (BNS), 2023
The Bharatiya Nyaya Sanhita (BNS), 2023 is divided into 20 chapters and 358 sections (called clauses). While it largely draws from the structure of the Indian Penal Code (IPC), it introduces new offences, modifies punishments, and aligns criminal law with modern realities. Below is an in-depth overview of the most important provisions every law student and practitioner must know.