Key substantive changes introduced by BNS,2023

Introduction

India’s criminal justice system has gone through a major transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC), 1860. The IPC was a colonial-era law that had not undergone any significant reforms in over 160 years. BNS adds some new offences and removes that have been struck down by courts. The BNS marks a historic step in India’s legal evolution by making laws more citizen-centric, technology-aware, and in line with modern values.

 Key substantive changes introduced by the BNS:

1. Sedition Law Removed – Focus on National Integrity

One of the most major changes is the removal of the sedition law (Section 124A of IPC). This law was often criticized for being used to suppress free speech.

In its place, BNS introduces Section 150, which punishes acts that threaten the unity, sovereignty, or integrity of India. This new law ensures that people can freely express opinions without fear, as long as they don’t promote violence or separatism.

2. Terrorism Now Clearly Defined

Unlike the IPC, which didn’t have a separate section for terrorism, the BNS introduces detailed definitions and punishments for terrorist acts.

These include causing fear, harming public safety, attacking national infrastructure, or using explosives to terrorize people or the government. This helps in better handling of terror-related crimes.

3. Mob Lynching Recognized as a Crime

The BNS officially recognizes mob lynching as a criminal act. In many past cases, mob violence happened due to religious, caste, or other social tensions, but the IPC had no separate law for this.

Now, under BNS, lynching by a group of people leading to death or harm is clearly defined and can be punished with life imprisonment or even death penalty in extreme cases.

4. Community Service as a New Punishment

For the first time in Indian criminal law, community service has been introduced as a form of punishment for minor offences. This focuses on reforming offenders rather than just punishing them, allowing them to help society.

5. Organized Crime and Gang Activities Penalized

BNS has created new laws to deal with organized crime, such as contract killings, extortion, drug trafficking, and smuggling.

The IPC did not clearly define “organized crime,” but the BNS provides specific sections and strict penalties to deal with gang operations and mafia-like activities.

6. Hit-and-Run Offences Get Harsher Punishment

Earlier, hit-and-run cases, where a driver causes an accident and flees, were not punished strictly. Now under BNS, if a person causes death and doesn’t report the incident, they may face up to 10 years in jail. This change encourages responsible driving and reporting of accidents.

7. Rape Laws Strengthened and Consent Re-emphasized

The BNS continues the strict stance on sexual offences, including rape and gang rape. The concept of consent is clearly explained, focusing on whether the woman voluntarily agreed to the act.

In cases where the victim is a minor, the BNS allows for death penalty. The aim is to provide more protection to women and children and ensure quicker justice.

8. Snatching Defined as a Separate Crime

Earlier, snatching (like grabbing a purse or mobile from someone’s hand) was treated as a general theft or robbery. The BNS now makes snatching a separate offence, with its own punishment, showing how the law is responding to crimes that affect common people in daily life.

9. Cybercrimes Included for the First Time

The IPC, written in the 19th century, did not have any provisions for cybercrimes, since the internet didn’t exist back then.

Now, BNS has sections that deal with online offences, such as:

• Online fraud
• Cyberstalking
• Spreading obscene material digitally
• Hacking and identity theft

This makes the law more relevant to the digital age we live in today.

10. Gender-Neutral and Modern Language

The BNS removes outdated and offensive terms, using gender-neutral and simplified language wherever possible.

While some sexual offence laws are still gender-specific, the BNS moves toward more inclusive definitions, at least in certain areas like sexual violence against boys and men.

11. Property Theft – Value-Based Punishment

Unlike before, where punishment for theft was mostly the same, now the punishment depends on the value of the stolen item. This ensures fairness, so that small thefts are not punished as harshly as large-scale robberies.

12. Colonial and Obsolete Provisions Removed

Many old laws that no longer made sense in modern India have been removed, such as:

• Adultery (already struck down by the Supreme Court)
• Begging-related criminality
• Unnatural offences (Section 377), now limited to acts against animals or minors

This shows an effort to decolonize Indian criminal law and make it reflect modern values and constitutional rights.

13. Better Structure and Fewer Sections

The old IPC had 511 sections. The new BNS has only 358 sections, because many overlapping or confusing sections were merged, rewritten, or removed.

This makes the law easier to understand, use, and implement, both for legal professionals and the general public.

14. Support to Victims and Time-Bound Justice

While this is supported more by the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), the BNS also reflects a shift toward victim-first justice.

Victims must be informed about the progress of investigations, and trials are expected to be faster under the new laws.

 Conclusion

The Bharatiya Nyaya Sanhita, 2023 is a bold and thoughtful step towards creating a modern, efficient, and citizen-friendly legal system in India. By removing colonial laws, adding clarity to existing offences, addressing cyber and organized crimes, and ensuring justice for victims, the BNS aims to build trust in the criminal justice system. BNS also made by keeping in mind the new technology era as it also includes Cyber Crimes which was not included in IPC.

While it will take time to implement and adapt to these changes, the direction is clear – India is now moving toward a more just, modern, and responsive legal framework that better serves its people.

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