Bharatiya Nyaya Sanhita, 2023 Updates, Comments, Comparison with Indian Penal Code Code,1860 PART-1

HEADING AND SHORT TITLE COMPARISION:

THE BHARATIYA NYAYA SANHITA, 2023

NO. 45 OF 2023

[25th December, 2023.]

An Act to consolidate and amend the provisions relating to offences and for matters connected therewithor incidentalthereto.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:––

COMPARISON IN IPC:

THE INDIAN PENAL CODE ACT NO. 45 OF 1860

[6th October, 1860.]

CHAPTER I

INTRODUCTION

Preamble.—WHEREAS it is expedient to provide a general Penal Code for 2 [India]; It is enacted as follows:—

1. Title and extent of operation of the Code.—This Act shall be called the Indian Penal Code, and shall extend to the whole of India.

THE BHARATIYA NYAYA SANHITA, 2023, CHAPTER-I, PRELIMINARY

1. Short title, commencement and application:

(1) This Act maybe called the Bharatiya Nyaya Sanhita, 2023.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.

(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

(4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.

(5) The provisions of this Sanhita shall also apply to any offence committed by—

(a) any citizen of India in any place without and beyond India;

(b) any person on any ship or aircraft registered in India wherever it may be;

(c) any person in any place without and beyond India committing offence targeting a computer resource located in India.

Explanation.—In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.

Illustration.

A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.

(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

COMPARISON IN IPC:

2. Punishment for offences committed within India.—Every person shall be liable to punishment under this Code, and not otherwise, for every act or omission contrary to its provisions, of which they are guilty within India.
3. Punishment for offences committed beyond, but triable within, India.—Any person liable, under any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.
4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any offence committed by:
(1) any citizen of India in any place beyond India;
(2) any person on any ship or aircraft registered in India, wherever it may be;
(3) any person in any place beyond India committing an offence targeting a computer resource located in India.
Explanation.—In this section:
(a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;
(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).
A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.

Key Comparisons:

1. Terminology:

   • IPC uses the term “Code” whereas Bharatiya Nyaya Sanhita, 2023 uses the term “Sanhita”.

2. Punishment of offences within India:

   • Both documents state that every person shall be liable to punishment for acts or omissions contrary to the provisions within India.

3. Punishment of offences committed beyond but triable within India:

   • Both texts affirm that offences committed beyond India but triable within India shall be dealt with according to their respective provisions as if the act was committed within India.

4. Extension to extra-territorial offences:

   • Both provide similar provisions for extra-territorial offences:
     • Offences by Indian citizens outside India.
     • Offences on Indian-registered ships or aircraft.
     • Offences targeting computer resources in India.

5. Explanation of “offence”:

   • Both documents include an explanation that an “offence” includes acts committed outside India which would be punishable if committed in India.
   • Both refer to the definition of “computer resource” from the Information Technology Act, 2000.

Summary:

The Bharatiya Nyaya Sanhita, 2023, mirrors the Indian Penal Code closely in terms of the sections on jurisdiction and extra-territorial applicability, with slight changes in terminology. Both maintain similar legal frameworks to ensure that Indian laws have jurisdiction over certain offences committed beyond Indian borders, ensuring continuity in the legal treatment of these offences.

LEADING CASES & LAW POINTS:

1.In CBI v. Blue Sky Tie-up Pvt Ltd, the Supreme Court held that a company can be prosecuted and fined even if the law mandates a substantive sentence, aligning with the Constitution Bench’s ruling in Standard Chartered Bank v. Directorate of Enforcement.

2.In British India Steam Navigation Co Ltd v Shanmughavilas Cashew Industries, the Supreme Court held that Indian statutes do not apply to foreign ships or foreigners on the high seas unless explicitly stated, but they do apply when such ships enter Indian territorial waters.

3. Thus, an Indian citizen who commits an act outside India that is not considered an offence in that country would still be liable to be tried in India if it is deemed an offence under Indian law.

4. An offence committed outside India by an Indian citizen can be investigated by local police without prior sanction from the Central Government.