Author: Kapil Gaikwad

Background & Aims of the Act

On the first of July in the year 2024, India phased out its colonial-era Indian Penal Code (IPC) of 1860 and replaced it with the Bharatiya Nyaya Sanhita (BNS), thus putting an end to 164 years of colonial criminal law practices. The BNS, introduced in Parliament on August 11, 2023, and getting Presidential assent on December 25, 2023, represents a radical change in the law that is designed to cope with the current needs of society.

Main Objectives:

• The first of all was to abolish the archaic colonial laws and replace them with Indian-incredibly-legislation.
• The said to modern issues which are terrorism, organized crime, cybercrime, and mob lynching.
• Legal language was to be simplified for better accessibility.
• Gender-neutral terminology was to be promoted and victim protection extended.
• Delivering justice was to be made faster and more efficient.

Who Is Affected by It?

The BNS has a universal application across India, affecting every individual on Indian soil no matter their nationality, Indian nationals living abroad for specific crimes, and individual onboard ships and planes registered in India. The Indian Penal Code (IPC) continues to be the law for crimes committed before the date of July 1, 2024, in terms of substantive law while procedural issues are ruled by the new Bharatiya Nagarik Suraksha Sanhita (BNSS).

Key Sections Explained

Section 4: Community Service as Punishment

In the fourth section, community service is presented as the sixth form of punishment which includes death, life imprisonment, simple and rigorous imprisonment, and fines. This reformative method is applied to minor offences such as slander and petty theft, liberating convicts from being imprisoned and letting them to instead make contributions to the community.

Section 69: Sexual Intercourse by Deceitful Means

This section prohibits false promises during the act of sexual intercourse, thus closing a major loophole where men promising marriage lived off the consent and therefore could not be prosecuted.

Section 103(2): Mob Lynching

Section 103(2) deals exclusively with mob lynching and states that if five or more persons kill someone together because of race, caste, community, sex, place of birth, language, or personal belief, every participant is liable to suffer either death or life imprisonment of at least seven years. This law is a direct response to the frightening increase of mob violence that is taking place in India.

Section 106: Causing Death by Negligence

The term under this section raises the sentence for causing death by rash or negligent acts from a two-year jail term to a five-year jail term. Still, since medical practice is considered to be distinct in nature, the section limited the punishment to two years in cases where the death occurred during a medical procedure conducted by a professional, thus recognizing the risks involved in medicine but still holding the practitioner accountable.

Section 111: Organised Crime

Through Section 111, the law classifies organized crime as a separate offense, which encompasses the activities of crime syndicates such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime. The punishment for such crimes includes the death penalty or life imprisonment coupled with a fine of Rs. 10 lakhs if death occurs as a result. In the past, organized crime was managed through state-specific legislation only, so this central law is very important for providing a uniform application.

Section 113: Terrorist Acts

Section 113 of the Act describes the acts of terrorism as threats to the unity, integrity, security, or economic security of India. Although UAPA has similar sections, taking terrorism into the BNS allows for larger coverage and easier prosecution for the punishments ranging from five years to life imprisonment or death.

Section 152: Acts Endangering Sovereignty

Section 152 takes away the sedition law that was often criticized (Section 124A of IPC) and introduces new laws that punish the acts that threaten India’s sovereignty, unity and integrity. This section unlike sedition deals with concrete acts like secession or armed rebellion rather than just criticizing the government policies so it is therefore, more protective of free speech.

Rights, Duties & Penalties

The accused is entitled to know the arrest reasons, have a lawyer, not to be detained without proper authorization, get bail in non-custodial offenses, and not to testify against himself or herself.

Victims are entitled to be heard, receive compensation and rehabilitation, enjoy special protections for women and children, and timely justice, and have their identities protected in sensitive cases.

Citizens are required to report cognizable crimes, help police, give evidence when called, and not hinder justice.

The BNS has also introduced heavy fines and confinement for 33 offenses, and raised fines for 83 offenses including inflicting bodily harm to public officials, dishonest appropriation, cheating, and unintentionally causing death due to carelessness.

Practical Examples / Real-Life Scenarios

Scenario 1 – Online Romance Fraud: A gentleman named Rahul indulges in swindling by making a fictitious profile on a dating site and persuading a certain Priya to send him Rs. 5 lakhs under the false pretence of marriage. The act is treated under BNS Section 69 as sexual intercourse/relationship by deceitful means bear the digital fraud provisions in an incremented manner.

Scenario 2 – Community Vigilantism: A group of 7 people hunt down and murder a man suspected to have stolen cattle purely on the basis of WhatsApp gossip. Section 103(2) applies here as it prescribes death or life imprisonment (minimum seven years) for each participant and considers the act to be a separate hate crime of its own.

Scenario 3 – Medical Negligence: Dr. Sharma carries out surgery on emergency basis but the patient passes away due to complications. Section 106 limits the punishment for the qualified not exceeding two years assuming medical risks are involved and at the same time holding the medical practitioners responsible.

Scenario 4 – Cybercrime Syndicate: A well-organized group runs a phishing operation all over the country. Section 111 (organized crime) together with cybercrime provisions allows prosecution to be done at one place with the imposition of harsh penalties like life imprisonment and a fine of Rs. 10 lakhs.

Scenario 5 – Criticism of Government: A reporter produces writings that are critical of the government policies. Section 152 is relevant whenever the individual does not just criticize but actively incites secession or armed rebellion—thereby safeguarding the right to free speech.

Usual Myths or Errors 

Myth 1: “With respect to all cases which are pending BNS is applicable from 1st July 2024” 

Reality: In terms of the main legal principles, IPC is still in effect, whereas only the procedural aspects of the handling of the case are directed by BNSS for the crimes committed before 1st July 2024.

Myth 2: “All colonial provisions have been removed” 

Reality: The BNS has kept the numerous IPC provisions with very slight changes, only reorganized and simplified the law.

Myth 3: “Sedition has been brought back with a new name”

Reality: The realm of Section 152 is, on the contrary, much smaller, as it only seeks to suppress specific actions that threaten sovereignty, not to silence criticism.

Myth 4: “Community service is obligatory for every minor offence.” 

Reality: Community Service is an option left to the discretion of the judges to be imposed according to the circumstances of the case.

Myth 5: “Doctors won’t ever get prosecuted for mistakes done on patients.”

Reality: Doctors will always be responsible for their actions; the two-year limitation is in effect only for such cases where specialists are involved and the risks are acknowledged.

Missteps made by practitioners:

• Wrong section numbers cited (IPC sections do not correspond exactly to BNS)
• BNS applied to substantive offences in retrospect.
• Ignoring the client’s counsel with regard to enhanced penalties.
• Not noticing new procedural requirements such as mandatory forensic evidence collection.

Recent Amendments / Landmark Cases

Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons (2024): The Supreme Court pronounced that Section 479 of BNSS, which restrains the maximum confinement of undertrial prisoners, would apply to all undertrials en bloc and thus, cases prior to July 1, 2024 would be included. This pivotal decision commences a large number of undertrials for the upcoming queries, hence affecting thousands of undertrials who would otherwise be released instantly.

Deepu v. State of Uttar Pradesh (Allahabad HC, 2024): The bench stated that police complaints filed after July 1, 2024 for old crimes must come under Indian Penal Code rules, but the ongoing inquiries will be conducted under BNSS thus, clearing the ambiguity of the transition period.

Badshah Majid Malik v. State (SC, 2024): The Supreme Court applied Section 479(1) of BNSS and granted bail under PMLA, confirming that the caps for undertrial detention apply even in the case of special statutes like PMLA and NDPS Act.

Palghar Mob Lynching Case (Maharashtra): The 2020 incident in which a mob murdered two sadhus is now classified under Section 103(2) with all the accused getting mandatory minimum sentences of seven years to life or death, marking a change in the prosecution of hate crimes.

Recent Developments: For offences punishable with seven years or more, the BNSS Section 176(3) requires the collection of forensic evidence and videography of the crime scene. The government made a distinction between the definition of terrorism under BNS Section 113 and the UAPA being the primary statute. Medical associations are still raising objections to Section 106, while the judiciary has started to differentiate between genuine negligence and inherent procedural risks.

Conclusion: Why This Act Matters Today

The Bharatiya Nyaya Sanhita denotes India’s ambition for a new, home-grown, and modern criminal justice system that is capable to meet the demand of the present day. Its importance is, however, not only limited to the mere change of name.

Reasons For the Importance Of BNS:

Decolonization: The BNS manuscript detaches itself from the colonial heritage and uses modern India’s terms instead of those of Victorian England, thus supporting the national identity and legal autonomy with more strength.

Recognition Of Modern Crimes: The BNS by explicitly outlawing terrorism, organized crime, mob lynching, and cybercrime brings in 21st century threats that IPC couldn’t handle adequately to its scope.

Victim-Centric Approach: From purely punitive to rehabilitative and restorative justice, community service, improved compensation methods, and protection of vulnerable groups show the shift.

Technological Integration: The BNS has brought together the digitized evidence, virtual registering of complaints, and electronic hearings which make it easier and more comfortable for people to access justice in the digital era.

Balanced Rights Protection: The cessation of sedition and the introduction of the new Section 152 imply that civil liberties are protected, but on the other hand, the safety of the country is not compromised either.

Challenges Ahead: The new provisions still have gaps in implementation that will require police, prosecutors, and judges to be trained. It might be utterly wrong to assert that the misunderstanding of a transition, which is probably very hard to grasp, would in any way the work and make every circumstance more complicated. The lack of precision in definitions might lead to future amendments or judicial interpretation.

The initial decisions revealing that the courts are interpreting the provisions in a more liberal manner, are quite indicative of the scenario, as India has just finished the first year of the new criminal laws. Citizens are granted clearer rights and better protections through BNS. It is a matter of concern to the legal professionals who are supposed to be up-to-date with their knowledge. The society sees it as a promise of more accessible and equitable justice that is in line with the contemporary values.

Bharatiya Nyaya Sanhita is not only about legal reform but also about the social contract between the Indian state and the people. the belief that the criminal justice administrative proceedings can be just, prompt and dignified is contingent upon a joint effort to ensure effective implementation among all parties.