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.

The post Bharatiya Nyaya Sanhita, 2023 Updates, Comments, Comparison with Indian Penal Code Code,1860 PART-1 first appeared on Patras Law Chamber.

SECTION COMPARISON OF IPC,1860 S.1-53 & CORRESPONDING BNS SECTIONS

Here is a rewrite of the comparison of each section separately:

Section 1: IPC 1860: Titled “Title and extent of operation of the Code” BNS 2023: Sections 1(1)/(2) titled “Short title, commencement and application”.

Section 2: IPC 1860: “Punishment of offences committed within India” BNS 2023: No separate section, covered under 1(3) “Short title, commencement and application”

Section 3: IPC 1860: “Punishment of offences committed beyond, but which by law may be tried within India” BNS 2023: Covered under 1(4) “Short title, commencement and application”

Section 4: IPC 1860: “Extension of Code to extra-territorial offences” BNS 2023: Covered under 1(5) “Short title, commencement and application”

Section 5: IPC 1860: “Certain laws not to be affected by this Act” BNS 2023: Covered under 1(6) “Short title, commencement and application”

Section 6: IPC 1860: “Definitions in the Code to be understood subject to exceptions” BNS 2023: Section 3(1) titled “General explanations”

Section 7: IPC 1860: “Sense of expression once explained” BNS 2023: Section 3(2) “General explanations”
Section 8: IPC 1860: “Gender” BNS 2023: Section 2(10) defines “gender”

Section 9: IPC 1860: “Number” BNS 2023: Section 2(22) defines “number”

Section 10: IPC 1860: “‘Man’/’Woman'” BNS 2023: Section 2(19) defines “man”, Section 2(35) defines “woman”

Section 11: IPC 1860: “Person” BNS 2023: Section 2(26) defines “person”

Section 12: IPC 1860: “Public” BNS 2023: Section 2(27) defines “public”

Section 13: IPC 1860: Definition of “Queen” [Omitted earlier] BNS 2023: No corresponding section

Section 14: IPC 1860: “Servant of Government” BNS 2023: No corresponding section

Section 15: IPC 1860: Definition of “British India” [Omitted earlier] BNS 2023: No corresponding section

Section 16: IPC 1860: Definition of “Government of India” [Omitted earlier] BNS 2023: No corresponding section

Section 17: IPC 1860: “Government” BNS 2023: Section 2(12) defines “Government”

Section 18: IPC 1860: “India” BNS 2023: No corresponding section

Section 19: IPC 1860: “Judge” BNS 2023: Section 2(16) defines “Judge”

Section 20: IPC 1860: “Court of Justice” BNS 2023: Section 2(5) defines “Court”

Section 21: IPC 1860: “Public servant” BNS 2023: Section 2(28) defines “public servant”

Section 22: IPC 1860: “Movable property” BNS 2023: Section 2(21) defines “movable property”

Section 23, para 1: IPC 1860: “Wrongful gain” BNS 2023: Section 2(36) defines “wrongful gain”

Section 23, para 2: IPC 1860: “Wrongful loss” BNS 2023: Section 2(37) defines “wrongful loss”

Section 23, para 3: IPC 1860: Gaining wrongfully, losing wrongfully BNS 2023: Section 2(38) defines “gaining wrongfully” and “losing wrongfully”

Section 24: IPC 1860: “Dishonestly” BNS 2023: Section 2(7) defines “dishonestly”

Section 25: IPC 1860: “Fraudulently” BNS 2023: Section 2(9) defines “fraudulently”

Section 26: IPC 1860: “Reason to believe” BNS 2023: Section 2(29) defines “reason to believe”

Section 27: IPC 1860: Property in possession of wife, clerk or servant BNS 2023: Section 3(3) “General explanations”

Section 28: IPC 1860: “Counterfeit” BNS 2023: Section 2(4) defines “counterfeit”

Section 29: IPC 1860: “Document” BNS 2023: Section 2(8) defines “document”

Section 29A: IPC 1860: “Electronic record” BNS 2023: Section 2(39) “Words and expressions not defined”

Section 30: IPC 1860: “Valuable security” BNS 2023: Section 2(31) defines “valuable security”

Section 31: IPC 1860: “A will” BNS 2023: Section 2(34) defines “will”

Section 32: IPC 1860: Words referring to acts include illegal omissions BNS 2023: Section 2(1) defines “act”, Section 3(4) “General explanations”

Section 33: IPC 1860: “Act”/”Omission” BNS 2023: Section 2(1) defines “act”, Section 2(25) defines “omission”

Section 34: IPC 1860: Acts done by several persons in furtherance of common intention BNS 2023: Section 3(5) “General explanations“

Section 35: IPC 1860: When such an act is criminal by reason of its being done with a criminal knowledge or intention BNS 2023: Section 3(6) “General explanations”

Section 36: IPC 1860: Effect caused partly by act and partly by omission BNS 2023: Section 3(7) “General explanations”

Section 37: IPC 1860: Co-operation by doing one of several acts constituting an offence BNS 2023: Section 3(8) “General explanations”

Section 38: IPC 1860: Persons concerned in criminal act may be guilty of different offences BNS 2023: Section 3(9) “General explanations”

Section 39: IPC 1860: “Voluntarily” BNS 2023: Section 2(33) defines “voluntarily”

Section 40: IPC 1860: “Offence” BNS 2023: Section 2(24) defines “offence”

Section 41: IPC 1860: “Special law” BNS 2023: Section 2(30) defines “special law”

Section 42: IPC 1860: “Local law” BNS 2023: Section 2(18) defines “local law”

Section 43: IPC 1860: “Illegal”, “Legally bound to do” BNS 2023: Section 2(15) defines “illegal” and “legally bound to do”

Section 44: IPC 1860: “Injury” BNS 2023: Section 2(14) defines “injury”

Section 45: IPC 1860: “Life” BNS 2023: Section 2(17) defines “life”

Section 46: IPC 1860: “Death” BNS 2023: Section 2(6) defines “death”

Section 47: IPC 1860: “Animal” BNS 2023: Section 2(2) defines “animal”

Section 48: IPC 1860: “Vessel” BNS 2023: Section 2(32) defines “vessel”

Section 49: IPC 1860: “Year”, “Month” BNS 2023: Section 2(20) defines “month” and “year”

Section 50: IPC 1860: “Section” BNS 2023: No corresponding definition

Section 51: IPC 1860: “Oath” BNS 2023: Section 2(23) defines “oath”

Section 52: IPC 1860: “Good faith” BNS 2023: Section 2(11) defines “good faith”

Section 52A: IPC 1860: “Harbour” BNS 2023: Section 2(13) defines “harbour”

ANALYSIS: COMPARATIVE STUDY OF BHARATIYA NYAYA SANHITA, 2023 (BNS) & INDIAN PENAL CODE, 1860 (IPC) FROM IPC CHAPTER I& II SECTIONS 1-53

DEFINITIONS [SECTION 2 OF BNS/SECTIONS 8 TO 52A OF IPC]

The IPC did not have a dedicated definitions clause. Instead, the interpretation clauses were scattered across sections 8 to 52A. In contrast, the BNS has consolidated most of these interpretation clauses from the IPC without change into a single section 2, arranged in alphabetical order for ease of reference.

One key difference is that while the applicability of interpretation clauses in the IPC (except sections 9, 32 and 46) was not subject to the context, the definitions in section 2 of the BNS are qualified by the phrase “unless the context otherwise requires.” This makes the application of definitions in the BNS context-dependent.
The BNS has omitted the definition of ‘section’ from IPC section 50, as the term is now widely used and needs no explanation.

CHILD:

The BNS introduces a new definition of ‘child’ in section 2(3) as any person below 18 years of age.

TRANSGENDER:

While the IPC’s definition of ‘gender’ in section 8 only recognized male and female, the new definition in BNS section 2(10) adds ‘transgender’ as a third gender category.

COURT [SECTION 2(5) OF BNS/SECTION 20 OF IPC]

The illustration referring to “Regulation VII, 1816, of the Madras Code” under IPC section 20 has been omitted in BNS section 2(5) as it became redundant after the repeal of the regulation.

DOCUMENT [SECTION 2(8) OF BNS/SECTION 29 OF IPC]

The definition of ‘document’ in BNS section 2(8) explicitly includes electronic and digital records.

JUDGE [SECTION 2(16) OF BNS/SECTION 19 OF IPC]

The BNS definition of ‘Judge’ in section 2(16) is more concise than the detailed IPC definition in section 19, but follows a similar pattern while streamlining the information.

The old law’s definition of “Judge” is quite detailed.

It states that the term “Judge” includes not only individuals officially designated as Judges but also those who have the authority to render definitive judgments in any legal proceeding, whether civil or criminal.

This definition encompasses individuals who can make judgments that, if not appealed against, would be considered definitive.

It also includes members of a body of persons authorized by law to render such judgments.

The illustrations provided clarify this definition further, including examples of Collectors, Magistrates, and members of a panchayat.

New Law – Section 2(16) – “Judge”:

The new law’s definition of “Judge” is more concise and follows a similar pattern.

The new law aligns with the old law’s definition but presents the information in a more streamlined manner

MONTH AND YEAR [SECTION 2(20) OF BNS/SECTION 49 OF IPC]

While the IPC required month/year to be reckoned by the British calendar, the BNS in section 2(20) has updated this to the Gregorian calendar.

MOVABLE PROPERTY [SECTION 2(21) OF BNS/SECTION 22 OF IPC]

By removing the phrase “intended to include corporeal”, the BNS definition of movable property in section 2(21) is not limited to tangible assets, unlike the IPC definition. It will cover intangible assets like patents, copyrights etc. as well as actionable claims.

PUBLIC SERVANT [SECTION 2(28) OF BNS/SECTION 21 OF IPC]

The reference to ‘juryman’ in the IPC definition has been omitted in BNS section 2(28). ‘Local authority’ is now defined by referring to the General Clauses Act, 1897 and Companies Act, 2013.

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The post PART-1: COMPARATIVE STUDY OF BHARATIYA NYAYA SANHITA, 2023 (BNS) & INDIAN PENAL CODE, 1860 (IPC) FROM IPC CHAPTER I & II, SECTIONS 1-53 first appeared on Patras Law Chamber.

SECTION COMPARISON OF IPC,1860 S.53-106 & CORRESPONDING BNS SECTIONS:

COLOR CODE: YELLOW: ONLY REMEMBER SECTION NUMBER;

GREEN: MEDIUM IMPORTANT SECTION: REMEMBER SECTION CONTENT;

ORANGE: VERY IMPORTANT SECTION: REMEMBER SECTION CONTENT BY HEART.

IPC 1860: CHAPTER III: OF PUNISHMENTS

IPC Section 53 (Punishments) = BNS Section 4

IPC Section 54 (Commutation of sentence of death) = BNS Section 5 IPC Section 55 (Commutation of sentence of imprisonment for life) = BNS Section 5

IPC Section 55A (Definition of “appropriate Government”) = BNS Explanation to section 5

IPC Section 57 (Fractions of terms of punishment) = BNS Section 6

IPC Section 60 (Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple) = BNS Section 7

IPC Section 63 (Amount of fine) = BNS Section 8(1)

IPC Section 64 (Sentence of imprisonment for non-payment of fine) = BNS Section 8(2)

IPC Section 65 (Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable) = BNS Section 8(3)

IPC Section 66 (Description of imprisonment for non-payment of fine) = BNS Section 8(4)

IPC Section 67 (Imprisonment for non-payment of fine when offence punishable with fine only) = BNS Section 8(5)

IPC Section 68 (Imprisonment to terminate on payment of fine) = BNS Section 8(6)(a)

IPC Section 69 (Termination of imprisonment on payment of proportional part of fine) = BNS Section 8(6)(b)

IPC Section 70 (Fine leviable within six years, or during imprisonment – Death not to discharge property from liability) = BNS Section 8(7)

IPC Section 71 (Limit of punishment of offence made up of several offences) = BNS Section 9

IPC Section 72 (Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which) = BNS Section 10

IPC Section 73 (Solitary confinement) = BNS Section 11

IPC Section 74 (Limit of solitary confinement) = BNS Section 12

IPC Section 75 (Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction) = BNS Section 13

IPC 1860:CHAPTER III: CHAPTER IV: GENERAL EXCEPTIONS

IPC Section 76 (Act done by a person bound, or by mistake of fact believing himself bound, by law) = BNS Section 14

IPC Section 77 (Act of Judge when acting judicially) = BNS Section 15

IPC Section 78 (Act done pursuant to the judgment or order of Court) = BNS Section 16

IPC Section 79 (Act done by a person justified, or by mistake of fact believing himself justified, by law) = BNS Section 17

IPC Section 80 (Accident in doing a lawful act) = BNS Section 18

IPC Section 81 (Act likely to cause harm, but done without criminal intent, and to prevent other harm) = BNS Section 19

IPC Section 82 (Act of a child under seven years of age) = BNS Section 20

IPC Section 83 (Act of a child above seven and under twelve of immature understanding) = BNS Section 21

IPC Section 84 (Act of a person of unsound mind) = BNS Section 22

IPC Section 85 (Act of a person incapable of judgment by reason of intoxication caused against his will) = BNS Section 23

IPC Section 86 (Offence requiring a particular intent or knowledge committed by one who is intoxicated) = BNS Section 24

IPC Section 87 (Act not intended and not known to be likely to cause death or grievous hurt, done by consent) = BNS Section 25

IPC Section 88 (Act not intended to cause death, done by consent in good faith for person’s benefit) = BNS Section 26

IPC Section 89 (Act done in good faith for benefit of child or insane person, by or by consent of guardian) = BNS Section 27

IPC Section 90 (Consent known to be given under fear or misconception) = BNS Section 28

IPC Section 91 (Exclusion of acts which are offences independently of harm caused) = BNS Section 29

IPC Section 92 (Act done in good faith for benefit of a person without consent) = BNS Section 30

IPC Section 93 (Communication made in good faith) = BNS Section 31

IPC Section 94 (Act to which a person is compelled by threats) = BNS Section 32

IPC Section 95 (Act causing slight harm) = BNS Section 33

IPC Section 96 (Things done in private defence) = BNS Section 34 (Things done in private defence)

IPC Section 97 (Right of private defence of the body and of property) = BNS Section 35 (Right of private defence of body and of property)

IPC Section 98 (Right of private defence against the act of a person of unsound mind, etc.) = BNS Section 36 (Right of private defence against act of a person of unsound mind, etc.)

IPC Section 99 (Act against which there is no right to private defence) = BNS Section 37 (Acts against which there is no right of private defence)

IPC Section 100 (When the right of private defence of the body extends to causing death) = BNS Section 38 (When right of private defence of body extends to causing death)

IPC Section 101 (When such right extends to causing any harm other than death) = BNS Section 39 (When such right extends to causing any harm other than death)

IPC Section 102 (Commencement and continuance of the right of private defence of the body) = BNS Section 40 (Commencement and continuance of right of private defence of body)

IPC Section 103 (When the right of private defence of property extends to causing death) = BNS Section 41 (When right of private defence of property extends to causing death)

IPC Section 104 (When such right extends to causing any harm other than death) = BNS Section 42 (When such right extends to causing any harm other than death)

IPC Section 105 (Commencement and continuance of the right of private defence of property) = BNS Section 43 (Commencement and continuance of right of private defence of property)

IPC Section 106 (Right of private defence against deadly assault when there is risk of harm to innocent person) = BNS Section 44 (Right of private defence against deadly assault when there is risk of harm to innocent person)

CHANGES IN CHAPTER III & IV

1. Punishments [Section 4 of BNS / Section 53 of IPC]

   A significant addition to the BNS is the introduction of community service as a sixth type of punishment. This innovative approach aims to reduce jail overcrowding and promote rehabilitation. Community service is prescribed for various petty offences and is defined in the Bharatiya Nagarik Suraksha Sanhita (BNSS) as court-ordered work benefiting the community, performed without remuneration and is prescribed for petty offences such as non-appearance in response to a proclamation, attempt to commit suicide, compelling or restraining the exercise of lawful power of a public servant, petty theft upon return of stolen money, misconduct in public by a drunken person, and defamation.
   

2. Life Imprisonment The BNS clarifies that life imprisonment means imprisonment for the remainder of a person’s natural life, removing any ambiguity about the duration of this sentence.
3. Commutation of Sentence [Section 5 of BNS / Sections 54 and 55 of IPC]:The BNS introduces changes to sentence commutation, as detailed in Section 474 of BNSS. Notable changes include:

• Death sentences can only be commuted to life imprisonment.
• Life sentences can be commuted to imprisonment for not less than 7 years.
• Sentences of 7 years or more can be commuted to not less than 3 years.
• Rigorous imprisonment can be commuted to simple imprisonment.
• Sentences less than 7 years can be commuted to a fine.

7. Fractions of Terms of Punishment [Section 6 of BNS / Section 57 of IPC]: The BNS adds flexibility by including the phrase “unless otherwise provided” in Section 6, allowing for exceptions to the standard calculation of punishment terms.
8. Liability in Default of Payment of Fine [Section 8 of BNS / Sections 63 to 70 of IPC] :The BNS updates the penalties for defaulting on fines or community service:

• For fines up to ₹5,000 or community service: Imprisonment up to 2 months
• For fines up to ₹10,000 or community service: Imprisonment up to 4 months
• For other cases: Imprisonment up to 1 year This represents a significant increase from the IPC’s provisions.

9. Private Defence of Property [Sections 41 and 43 of BNS / Sections 103 and 105 of IPC]: The BNS replaces “house-breaking by night” with “house-breaking after sunset and before sunrise,” providing a more precise timeframe. It also expands the scope of mischief to include “mischief by fire or any explosive substance.”

The post PART-2: COMPARATIVE STUDY OF BHARATIYA NYAYA SANHITA, 2023 (BNS) & INDIAN PENAL CODE, 1860 (IPC) FROM IPC CHAPTER III & IV, SECTIONS 53-106 first appeared on Patras Law Chamber.