BNS IPC IMPLICATIONS OF REVISION

Clause 2 (1): “act” as well a Section 33: The word “act” The definition in section 33 explained
series of acts as a single act; denotes as well as series of acts as that the term “act” also denoted a series
a single act [...] of acts. The definition in clause 2(1) of
the BNS does not convey the same
meaning, and may lead to confusion as
to whether an “act” signifies a series of
acts. In its current form, the definition
has no meaning.

Clause 2(4): “Court” means a Section 20: The words “Court of It is not clear why this change was
Judge who is empowered by Justice” denote a Judge who is necessitated. Further, due to the change
law to act judicially alone, or a empowered by law to act in the definition of “judge” in the BNS,
body of Judges, which is judicially alone, or a body of some institutions presided over by quasi-
empowered by law to act Judges which is empowered by judicial authorities may no longer be
judicially as a body, when law to act judicially as a body, considered “courts of justice”.
such Judge or body of Judges when such Judge or body of
is acting judicially; Judges is acting judicially.

Clause 2 (9): “gender”—the Section 8: The pronoun “he” and While the definition is now more
pronoun “he” and its its derivatives are used of any inclusive, it will have no practical
derivatives are used of any person, whether male or female. implication unless specific offences
person, whether male, female applicable to transgender persons are
or transgender. defined/created. For instance, the Justice
Explanation.–– “transgender” Verma Committee had recommended
shall have the meaning that victims in sexual offences be gender-
assigned to it in clause (k) of neutral, with the objective that trans
section 2 of the Transgender persons be covered within the definition
Persons (Protection of Rights) of rape. That change was neither made in
Act, 2019; 2013 when the rape laws were amended,
nor has it been made in the BNS. Further,
there are no offences relating to specific
targeting of trans persons due to their
gender identity. This is further
exacerbated by the fact that they have
historically been one of the most
persecuted and criminalised
communities in India.
 BNS IPC IMPLICATIONS OF REVISION
Clause 2(15): “Judge” means a Section 19: The word “Judge” The change proposed by the definition in
person who is officially denotes not only every person the BNS appears to exclude quasi-
designated as a Judge and who is officially designated as a judicial authorities. This may make the
includes a person,––(i) who is Judge, but also every person who defence under section 15, BNS
empowered by law to give, in is empowered by law to give, in unavailable to quasi-judicial authorities.
any legal proceeding, civil or any legal proceeding, civil or Under the IPC, the defence under section
criminal, a definitive criminal, a definitive judgment, 77 was available to quasi-judicial
judgment, or a judgment or a judgment which, if not authorities. These provisions save a
which, if not appealed against, appealed against, would be Judge from criminal liability when acting
would be definitive, or a definitive, or a judgment which, if judicially in exercise of their powers.
judgment which, if confirmed confirmed by some other
by some other authority, authority, would be definitive, or
would be definitive; or (ii) who who is one of a body or persons,
is one of a body or persons, which body of persons is
which body of persons is empowered by law to give such a
empowered by law to give judgment. Illustrations: (a) A
such a judgment. Illustration: Collector exercising jurisdiction
A Magistrate exercising in a suit under Act 10 of 1859 is a
jurisdiction in respect of a Judge. (b) A Magistrate exercising
charge on which he has power jurisdiction in respect of a charge
to sentence to fine or on which he has power to
imprisonment, with or without sentence to fine or imprisonment,
appeal, is a Judge; with or without appear, is a
Judge. (c) A member of a
panchayat which has power,
under 4Regulation VII, 1816, of
the Madras Code, to try and
determine suits, is a Judge. (d) A
Magistrate exercising jurisdiction
in respect of a charge on which he
has power only to commit for
trial to another Court, is not a
Judge.

Clause 2(19): “mental illness” No equivalent provision in the This is an error since clause (a) of Section
shall have the meaning IPC. 2 of the Mental Healthcare Act, 2017 does
assigned to it in clause (a) of not define “mental illness”. The reference
section 2 of the Mental ought to be to clause (s) of Section 2,
Healthcare Act, 2017; which reads: ‘“mental illness” means a
substantial disorder of thinking, mood,
perception, orientation or memory that
grossly impairs judgment, behaviour,
capacity to recognise reality or ability to
meet the ordinary demands of life,
mental conditions associated with the
abuse of alcohol and drugs, but does not
include mental retardation which is a
condition of arrested or incomplete
development of mind of a person,
specially characterised by subnormality
of intelligence’.
 BNS IPC IMPLICATIONS OF REVISION
Clause 2(21): “movable Section 22: The words “movable The definition of movable property is
property” includes property of property” are intended to include now no longer confined to corporeal
every description, except land corporeal property of every property. It remains unclear as to
and things attached to the description, except land and whether incorporeal property of every
earth or permanently fastened things attached to the earth or kind is included with the definition of
to anything which is attached permanently fastened to anything movable property.
to the earth; which is attached to the earth.

Clause 2(23): “oath” includes a Section 51: The word “oath” The implication of this change is similar
solemn affirmation substituted includes a solemn affirmation to what is discussed in Clause 2(4) of the
by law for an oath, and any substituted by law for an oath, BNS. Oaths taken before quasi-judicial
declaration required or and anydeclaration required or authorities may no longer be covered
authorised by law to be made authorised by law to be made under this provision.
before a public servant or to be before a public servant or to be
used for the purpose of proof, used for the purposeof proof,
whether in a Court or not; whether in a Court of Justice or
not.

Clause 2(28)(k) Explanation Section 21: Explanation 3 — The The Explanation appears incomplete.
(c): 'election means an election word “election” denotes an
for the purpose of selecting election for the purpose of
members of any legislative, selecting members of any
municipal or other public legislative, municipal or other
authority, of whatever public authority, of whatever
character, the method of character, the method of selection
election to which is by, or to which is by, or under, any law
under any law for the time prescribed as by election.
being in force

Clause 4: The punishments of No equivalent provision in the “Community Service” has been added as
which offenders are liable IPC. a possible form of punishment under the
under the provisions of this BNS. It remains unclear precisely what
Sanhita are:...(f) Community this form of punishment would entail
Service and how it would be administered.

Clause 6: In calculating Section 57: In calculating fractions Previously, where punishments had to
fractions of terms of of terms of punishment, be calculated through fractions of a life
punishment, imprisonment for imprisonment for life shall be imprisonment term, such a term would
life shall be recokned as reckoned as equivalent to be considered equal to twenty years. The
equivalent to imprisonment imprisonment for twenty years. addition of “unless otherwise provided”
for twenty years unless empowers the Legislature to specify that
otherwise provided. life imprisonment terms can be
considered equivalent to more or less
than twenty years of imprisonment in
certain cases.
 BNS IPC IMPLICATIONS OF REVISION
Clause 22: Nothing is an Section 84: Nothing is an offence The definition of mental illness in Section
offence which is done by a which is done by a person who, at 2(s) of the Mental Healthcare Act, 2017 is
person who, at the time of the time of doing it, by reason of both broad, and restrictive. For instance,
doing it, by reason of mental unsoundness of mind, is it excludes “mental retardation”, which
illness, is incapable of knowing incapable of knowing the nature is defined as a condition of arrested or
the nature of the act, or that he of the act, or that he is doing what incomplete development of mind of a
is doing what is either wrong is either wrong or contrary to law. person, specially characterised by
or contrary to law subnormality of intelligence. Such a
person may not have the capacity to
form knowledge, and hence get excluded
from the benefit of clause 22 of the BNS.
On the other hand, the breadth of the
definition may also make it
overinclusive, i.e. include individuals
who would earlier not have got the
benefit of section 84, IPC. However, since
the test under the new provision remains
unchanged, the standards used for its
invocation would still apply. Therefore,
the stereotypes associated with Sec. 84 of
the IPC would continue.

Clause 23: Nothing is an Section 85: Nothing is an offence Replacing “provided that” with “unless
offence which is done by a which is done by a person who, at that” completely changes the meaning of
person who, at the time of the time of doing it, is, by reason the intoxication defence. It makes
doing it, is, by reason of of intoxication, incapable of voluntary intoxication a defence.
intoxication, incapable of knowing the nature of the act, or
knowing the nature of the act, that he is doing what is either
or that he is doing what is wrong, or contrary to law;
either wrong, or contrary to provided that the thing which
law; unless that the thing intoxicated him was administered
which intoxicated him was to him without his knowledge or
administered to him without against his will.
his knowledge or against his
will.
 BNS IPC IMPLICATIONS OF REVISION
Clause 27: Nothing which is Section 89: Nothing which is done As discussed in the context of clause 22,
done in good faith for the in good faith for the benefit of a the definition of “mental illness” being
benefit of a person under person under twelve years of age, broad, the agency of persons with mental
twelve years of age, or of or of unsound mind, by or by illness may be impacted in this case. The
person with mental illness, by consent, either express or Mental Healthcare Act, 2017 has a
or by consent, either express or implied, of the guardian or other particular mechanism for appointment of
implied, of the guardian or person having lawful charge of nominated representatives, which puts
other person having lawful that person, is an offence by the agency/capacity of the person with
charge of that person, is an reason of any harm which it may mental illness at the forefront.
offence by reason of any harm cause, or be intended by the doer
which it may cause, or be to cause or be known by the doer
intended by the doer to cause to be likely to cause to that
or be known by the doer to be person: Provided— Provisos.
likely to cause to that person: First.—That this exception shall
Provided that this exception not extend to the intentional
shall not extend to–– causing of death, or to the
(a) the intentional causing of attempting to cause death;
death, or to the attempting to Secondly.—That this exception
cause death; shall not extend to the doing of
(b) the doing of anything anything which the person doing
which the person doing it it knows to be likely to cause
knows to be likely to cause death, for any purpose other than
death, for any purpose other the preventing of death or
than the preventing of death or grievous hurt, or the curing of
grievous hurt, or the curing of any grievous disease or infirmity;
any grievous disease or Thirdly.—That this exception
infirmity; shall not extend to the voluntary
(c) the voluntary causing of causing of grievous hurt, or to the
grievous hurt, or to the attempting to cause grievous
attempting to cause grievous hurt, unless it be for the purpose
hurt, unless it be for the of preventing death or grievous
purpose of preventing death hurt; or the curing of any
or grievous hurt, or the curing grievous disease or infirmity;
of any grievous disease or Fourthly.—That this exception
infirmity; shall not extend to the abetment
(d) the abetment of any of any offence, to the committing
offence, to the committing of of which offence it would not
which offence it would not extend.
extend.
 BNS IPC IMPLICATIONS OF REVISION
Clause 41: The right of private Section 103: The right of private The change from “housebreaking by
defence of property extends, defence of property extends, night” to “housebreaking after sunset
under the restrictions specified under the restrictions mentioned and before sunrise” appears
in section 37, to the voluntary in section 99, to the unnecessary. Without reasons being
causing of death or of any voluntarycausing of death or of provided for the change being made, it is
other harm to the wrong-doer, any other harm to the wrong- not clear as to why this change is
if the offence, the committing doer, if the offence, the required. Mischief by fire has been
of which, or the attempting to committing of which, or expanded to additionally include
commit which, occasions the theattempting to commit which, mischief caused by explosive substances.
exercise of the right, be an occasions the exercise of the right,
offence of any of the be an offence of any of the
descriptions hereinafter descriptionshereinafter
enumerated, namely:—(a) enumerated, namely:—First.—
robbery;(b) house-breaking Robbery;Secondly.—House-
after sun set and before sun breaking by night;Thirdly.—
rise;(c) mischief by fire or any Mischief by fire committed on
explosive substance committed any building, tent or vessel,
on any building, tent or vessel, which building, tent or vessel is
which building, tent or vessel used as a human dwelling or as a
is used as a human dwelling, place for the custody of
or as a place for the custody of property;Fourthly.—Theft,
property;(d) theft, mischief, or mischief or house-trespass, under
house-trespass, under such such circumstances as may
circumstances as may reasonably cause apprehension
reasonably cause that death or grievous hurt will
apprehension that death or be the consequence, if such right
grievous hurt will be the of private defence is not
consequence, if such right of exercised.
private defence is not
exercised.

Clause 48: A person abets an No equivalent provision in the This section expands the jurisdiction of
offence within the meaning of IPC. the Act in respect of abetment of offences
this Sanhita who, without and to include people who are outside of
beyond India, abets the India, but can be linked to the
commission of any act in India commission of an offence within India.
which would constitute an Such persons can now be proceeded
offence if committed in India. against under the Act.
Illustration.
A, in country X, instigates B, to
commit a murder in India, A is
guilty of abetting murder.
 BNS IPC IMPLICATIONS OF REVISION
Clause 69: Whoever, by No equivalent provision in the This brings in a new offence of deceitful
deceitful means or making by IPC. sexual intercourse. The terminology
promise to marry to a woman used—“not amounting to rape”—creates
without any intention of confusion. This term is used earlier in
fulfilling the same, and has Section 376C of the IPC (now clause 68,
sexual intercourse with her, BNS) and covers situations where there
such sexual intercourse not was consent at the time of sexual
amounting to the offence of intercourse, which was not vitiated.
rape, shall be punished with Section 376C and 68, BNS are meant to
imprisonment of either prohibit sexual relations between people
description for a term which of particular relationships. However, in
may extend to ten years and this clause, deceit conceptually vitiates
shall also be liable to fine. consent; so does breach of promise which
Explanation.––– “deceitful involves the accused not having any
means” shall include the false intention of going through with the
promise of employment or promise. Hence, the meaning of “not
promotion, inducement or amounting to rape” is not clear. It could
marring after suppressing possibly mean that the offence is not
identity. rape, or that if a person is acquitted of
rape, they can still be prosecuted and
punished under this section. Further, all
others sections in this chapter that use
the term “sexual intercourse” (such as
Clause 67 and 68) define it to mean
sexual acts beyond penile-vaginal
penetration. Using the term “sexual
intercourse” without defining it means
that it covers only penile-vaginal
penetration. Furthermore, unlike other
sections in this chapter, there is no
minimum punishment under this
section, and the maximum punishment
prescribed is 10 years.

Clause 70(2): Where a woman Section 376DA: Where a woman Changing the age from 16 years to 18
under eighteen years of age is under sixteen years of age is years expands the scope of the provision
raped by one or more persons raped by one or more persons to include those offenders who commit
constituting a group or acting constituting a group or acting in gangrape on women between 16 to 18
in furtherance of a common furtherance of a common years of age. Additionally, this offence is
intention, each of those intention, each of those persons now punishable with the death penalty.
persons shall be deemed to shall be deemed to have This also explains why Section 376 DB
have committed the offence of committed the offence of rape (which prescribed the punishment for
rape and shall be punished and shall be punished with gangrape of a woman under twelve
with imprisonment for life, imprisonment for life, which shall years of age) has now been deleted, as
which shall mean mean imprisonment for the the offences under that provision are
imprisonment for the remainder of that person's natural now included within the scope of Clause
remainder of that person’s life, and with fine: Provided that 70(2).
natural life, and with fine, or such fine shall be just and
with death:Provided that such reasonable to meet the medical
fine shall be just and expenses and rehabilitation of the
reasonable to meet the medical victim: Provided further that any
 BNS IPC IMPLICATIONS OF REVISION
expenses and rehabilitation of fine imposed under this section
the victim:Provided further shall be paid to the victimSection
that any fine imposed under 376DB: Where a woman under
this sub-section shall be paid twelve years of age is raped by
to the victim. one or more persons constituting
a group or acting in furtherance
of a common intention, each of
those persons shall be deemed to
have committed the offence of
rape and shall be punished with
imprisonment for life, which shall
mean imprisonment for the
remainder of that person's natural
life, and with fine, or with
death:Provided that such fine
shall be just and reasonable to
meet the medical expenses and
rehabilitation ofthe victim:
Provided further that any fine
imposed under this section shall
be paid to the victim.

No equivalent provision in the 377. Unnatural offences.— The BNS repeals section 377 of the Indian
BNS. Whoever voluntarily has carnal Penal Code. Section 377, to the extent
intercourse against the order of that it covered consensual sexual acts
nature with any man, woman or was held to be unconstitutional by the
animal, shall be punished with Supreme Court in Navtej Johar v. Union of
[imprisonment for life], or with India. However, section 377 also covered
imprisonment of either cases of forced sexual acts against men,
description for a term which may trans persons, and animals. By removing
extend to ten years, and shall also section 377 altogether, the BNS no longer
be liable to fine. provides legal remedy for non-
Explanation.—Penetration is consensual sexual acts against men, trans
sufficient to constitute the carnal persons, and animals. A separate section
intercourse necessary to the needed to be introduced to cover such
offence described in this section. cases.

Clause 75: Whoever assaults or Section 354B: Any man who This makes the offence gender neutral
uses criminal force to any assaults or uses criminal force to qua the offender.
woman or abets such act with any woman or abets such act with
the intention of disrobing or the intention of disrobing or
compelling her to be naked, compelling her to
shall be punished with be naked, shall be punished with
imprisonment of either imprisonment of either
description for a term which description for a term which shall
shall not be less than three not be less than three years but
years but which may extend to which may extend to seven years,
seven years, and shall also be and shall also be liable to fine.
liable to fine.

Clause 76: Whoever watches, Section 354C: Any man who This makes the offence of voyeurism
or captures the image of a watches, or captures the image of gender neutral qua the offender.
 BNS IPC IMPLICATIONS OF REVISION
woman engaging in a private a woman engaging in a private
act in circumstances where she act in circumstances where she
would usually have the would usually have the
expectation of not being expectation of not being observed
observed either by the either by the perpetrator or by
perpetrator or by any other any other person at the behest of
person at the behest of the the perpetrator or disseminates
perpetrator or disseminates such image shall be punished on
such image shall be punished first conviction with
on first conviction with imprisonment of either
imprisonment of either description for a term which shall
description for a term which not be less than one year, but
shall not be less than one year, which may extend to three years,
but which may extend to three and shall also be liable to fine,
years, and shall also be liable and be punished on a second or
to fine, and be punished on a subsequent conviction, with
second or subsequent imprisonment of either
conviction, with imprisonment description for a term which shall
of either description for a term not be less than three years, but
which shall not be less than which may extend to seven years,
three years, but which may and shall also be liable to fine.
extend to seven years, and Explanation 1.—For the purpose
shall also be liable to of this section, “private act”
fine.Explanation 1.—For the includes an act of watching
purpose of this section, carried out in a place which, in
“private act” includes an act of the circumstances, would
watching carried out in a place reasonably be expected to
which, in the circumstances, provide privacy and where the
would reasonably be expected victim's genitals, posterior or
to provide privacy and where breasts are exposed or covered
the victim’s genitals, posterior only in underwear; or the victim
or breasts are exposed or is using a lavatory; or the victim
covered only in underwear; or is doing a sexual act that is not of
the victim is using a lavatory; a kind ordinarily done in public.
or the victim is doing a sexual Explanation 2.—Where the victim
act that is not of a kind consents to the capture of the
ordinarily done in images or any act, but not to their
public.Explanation 2.—Where dissemination to third persons
the victim consents to the and where such image or act is
capture of the images or any disseminated, such dissemination
act, but not to their shall be considered an offence
dissemination to third persons under this section.
and where such image or act is
disseminated, such
dissemination shall be
considered an offence under
this section.

Clause 78: Whoever, intending Section 509: Whoever, intending The insertion of the phrase “in any form”
to insult the modesty of any to insult the modesty of any expands the scope of the object indicated.
woman, utters any words, woman, utters any words, makes However, without any explanation, it
makes any sound or gesture, any sound or gesture, or exhibits
 BNS IPC IMPLICATIONS OF REVISION
or exhibits any object in any any object, intending that such remains unclear as to why such
form, intending that such word or sound shall be heard, or expansion was necessary.
word or sound shall be heard, that such gesture or object shall
or that such gesture or object be seen, by such woman, or
shall be seen, by such woman, intrudes upon the privacy of such
or intrudes upon the privacy woman, shall be punished with
of such woman, shall be simple imprisonment for a term
punished with simple which may extend to three years,
imprisonment for a term and also with fine.
which may extend to three
years, and also with fine.

Clause 83: Whoever takes or Section 498: Whoever takes or The deletion of the phrase “from that
entices away any woman who entices away any woman who is man, or from any person having the care
is and whom he knows or has and whom he knows or has of her on behalf of that man” broadens
reason to believe to be the wife reason to believe to be the wife of the scope of the section inasmuch as
of any other man, with intent any other man, from that man, or where, or from whom, the woman is
that she may have illicit from any person having the care enticed becomes irrelevant to the offence.
intercourse with any person, of her on behalf of that man, with Further, while the exclusion serves to
or conceals or detains with intent that she may have illicit remove some patriarchal notions from
that intent any such woman, intercourse with any person, or the code, the section in its entirety still
shall be punished with conceals or detains with that continues to be patriarchal since it takes
imprisonment of either intent any such woman, shall be away the agency of the woman in
description for a term which punished with imprisonment of question.
may extend to two years, or either description for a term
with fine, or with both. which may extend to two years,
or with fine, or with both.

Clause 93: Whoever hires, No equivalent section in the IPC. This is a new provision which
employs or engages any criminalises hiring/employing/engaging
person below the age of a minor to commit an offence. However,
eighteen years to commit an the explanation to the section is unclear
offence shall be punished with since in a case of “hiring, employing,
imprisonment of either engaging or using a child for sexual
description or fine provided exploitation or pornography” the child
for that offence as if the will be a victim, whereas the clause
offence has been committed by suggests that the child is committing an
such person himself. offence on the instructions of the primary
Explanation.—Hiring, offender.
employing, engaging or using
a child for sexual exploitation
or pornography is covered
within the meaning of this
section.

Clause 94: Whoever, by any Section 366A: Whoever, by any This provision has been made gender
means whatsoever, induces means whatsoever, induces any neutral.
any child below the age of minor girl under the age of
eighteen years to go from any eighteen years to go from any
place or to do any act with place or to do any act with intent
intent that such child below that such girl may be, or knowing
the age of eighteen years may that it is likely that she will be,
 BNS IPC IMPLICATIONS OF REVISION
be, or knowing that it is likely forced or seduced to illicit
that such child will be, forced intercourse with another person
or seduced to illicit intercourse shall be punishable with
with another person shall be imprisonment which may extend
punishable with imprisonment to ten years, and shall also be
which may extend to ten years, liable to fine.
and shall also be liable to fine.

Clause 101(2): When a group No equivalent section in the IPC. This section appears to introduce an
of five or more persons acting aggravated form of murder committed
in concert commits murder on by a group of 5 or more persons acting in
the ground of race, caste or concert, and with a specific intent in
community, sex, place of birth, mind. It provides for a minimum
language, personal belief or punishment of 7 years, and a maximum
any other ground each of death. At the outset, the meaning of
member of such group shall be the term “acting in concert” is undefined.
punished with death or with Furthermore, a lesser minimum
imprisonment for life or punishment for an aggravated offence
imprisonment for a term does not adhere to established
which shall not be less than penological policy.
seven years, and shall also be
liable to fine.

Clause 102: Whoever, being Section 303: Whoever, being Section 303 was struck down by the
under sentence of under sentence of imprisonment Supreme Court in Mithu v. State of
imprisonment for life, commits for life, commits murder shall be Punjab. It has been reintroduced in the
murder, shall be punished punished with death. form of Clause 102, with a modification
with death or with that allows for a mandatory minimum
imprisonment for life, which sentence of life imprisonment with no
shall mean the remainder of possibility of remission.
that person’s natural life.

Clause 103: Whoever commits Section 304: Whoever commits This provision introduces a mandatory
culpable homicide not culpable homicide not amounting minimum sentence of five years for the
amounting to murder, shall be to murder shall be punished with offence of culpable homicide not
punished with imprisonment imprisonment for life, or amounting to murder if the act by which
for life, or imprisonment of imprisonment of either the death is caused is done with the
either description for a term description for a term which may intention of causing death, or of causing
which shall not be less than extend to ten years, and shall also such bodily injury as is likely to cause
five years but which may be liable to fine, if the act by death. Additionally, for culpable
extend to ten years, and shall which the death is caused is done homicide not amounting to murder
also be liable to fine, if the act with the intention of causing where the act is done with the
by which the death is caused is death, or of causing such bodily knowledge that it is likely to cause death,
done with the intention of injury as is likely to cause death; but without any intention to cause death,
causing death, or of causing or with imprisonment of either or to cause such bodily injury as is likely
such bodily injury as is likely description for a term which may to cause death, fine has been made
to cause death; or with extend to ten years, or with fine, mandatory.
imprisonment of either or with both, if the act is done
description for a term which with the knowledge that it is
may extend to ten years and likely to cause death, but without
with fine, if the act is done any intention to cause death, or to
with the knowledge that it is
 BNS IPC IMPLICATIONS OF REVISION
likely to cause death, but cause such bodily injury as is
without any intention to cause likely to cause death.
death, or to cause such bodily
injury as is likely to cause
death.

Clause 104(1): Whoever causes Section 304A: Whoever causes the This increases the punishment for
the death of any person by death of any person by doing any rash/negligent homicide from 2 years to
doing any rash or negligent act rash or negligent act not 7 years. In the past, there has been a
not amounting to culpable amounting to culpable homicide, debate on whether 2 years maximum
homicide, shall be punished shall be punished with imprisonment for Section 304A is too
with imprisonment of either imprisonment of either little. This amendment accordingly
description for a term which description for a term which may increases the punishment, which remains
may extend to seven years, extend to two years, or with fine, lesser than the maximum punishment for
and shall also be liable to fine. or with both. culpable homicide not amounting to
murder, which is conceptually fine.

Clause 104(2): Whoever causes No equivalent section in the IPC. This section introduces an offence of
death of any person by doing escaping from the scene of a
any rash or negligent act not rash/negligent homicide committed by
amounting to culpable the offender. It also criminalises failure
homicide and escapes from the to report the crime after committing it. It
scene of incident or fails to is an aggravated form of the offence
report the incident to a Police punished under section 104(1), since it
officer or Magistrate soon after provides a maximum punishment of 10
the incident, shall be punished years. This appears to cover cases of “hit
with imprisonment of either and run” in cases of vehicular homicides.
description of a term which It also covers all rash/negligent
may extend to ten years, and homicides where the offender escapes
shall also be liable to fine. from the scene of crime or does not
report the crime to the
police/Magistrate.

Clause 105: If any person Section 305: If any person under Replacing the words “any insane
under eighteen years of age, eighteen years of age, any insane person” and “any idiot”, with “any
any person with mental illness, person, any delirious person, any person with mental illness” expands the
any delirious person or any idiot, or any person in a state of scope of the section and would cover a
person in a state of intoxication, commits suicide, larger number of people within the
intoxication, commits suicide, whoever abets the commission of aggravated offence as opposed to the
whoever abets the commission such suicide, shall be punished offence under Section 306/Clause 106.
of such suicide, shall be with death or imprisonment for Under the IPC, most cases of abetment of
punished with death or life, or imprisonment for a term suicide are adjudicated under Section
imprisonment for life, or not exceeding ten years, and shall 306. However, inclusion of a broad term
imprisonment for a term not also be liable to fine. like mental illness in this context would
exceeding ten years, and shall mean that this provision is invoked more
also be liable to fine. frequently.

Clause 107(2): When any person Section 307 (paragraph 2): When In addition to the death penalty, the new
offending under sub-section (1) any person offending under this provision has an alternative punishment
is under sentence of section is under sentence of of life imprisonment which extends to
imprisonment 45 for life, he imprisonment for life, he may, if the whole of natural life of the convict
may, if hurt is caused, be without the possibility of remission.
punished with death or with
 BNS IPC IMPLICATIONS OF REVISION
imprisonment for life, which hurt is caused, be punished with
shall mean the remainder of that death.
person’s natural life.

No equivalent section in the Section 309: Whoever attempts to This provision was, in effect, repealed by
BNS. commit suicide and does any act way of Section 115 of the Mental
towards the commission of such Healthcare Act, 2017. It has been
offence, shall be punished with removed from the text of the BNS.
simple imprisonment for a term
which may extend to one year or
with fine, or with both.

No equivalent section in the Section 310: Whoever, at any time This is a positive change. This provision
BNS. after the passing of this Act, shall previously criminalised people based on
have been habitually associated their caste and status, such as nomads,
with any other or others for the etc.
purpose of committing robbery or
child-stealing by means of or
accompanied with murder, is a
thug.

No equivalent section in the Section 311: Whoever is a thug, This is a positive change. People were
BNS. shall be punished with defined as “thugs” and criminalised
imprisonment for life, and shall based on belonging to the community.
also be liable to fine.

Clause 109(1): Any continuing No equivalent section in the IPC. This section introduces a new offence of
unlawful activity including “organised crime” in the IPC. However,
kidnapping, robbery, vehicle given the manner in which it is worded,
theft, extortion, land grabbing, without appropriate punctuation marks
contract killing, economic or sub-sections, it creates confusion on
offences, cyber-crimes having which offences are covered within the
severe consequences, ambit of organised crime. For instance,
trafficking in people, drugs, there is a reference to “human trafficking
illicit goods or services and racket for prostitution or ransom”. What
weapons, human trafficking “human trafficking for ransom” implies
racket for prostitution or is unclear. It also states: “by the effort of
ransom by the effort of groups groups or individuals acting in concert,
of individuals acting in singly or jointly.” It is not clear what is
concert, singly or jointly, either implied by individuals acting in concert,
as a member of an organised but singly. Further, the phrase “cyber
crime syndicate or on behalf of crimes having severe consequences” has
such syndicate, by use of not been defined.
violence, threat of violence,
intimidation, coercion,
corruption or related activities
or other unlawful means to
obtain direct or indirect,
material benefit including a
financial benefit, shall
constitute organised crime.
 BNS IPC IMPLICATIONS OF REVISION
Clause 109(1) Explanation: For No equivalent section in the IPC. Some elements of this definition seem to
the purposes of this have been borrowed from the
subsection...: (ii) “organised Maharashtra Control of Organised Crime
crime syndicate” means a Act, 1999 and other similar organised
criminal organisation or group crime statutes in other states. However, it
of three or more persons who, also introduces certain new elements in
acting either singly or the provision, which render the
collectively in concert, as a provision vague and unclear.
syndicate, gang, mafia, or
crime ring indulging in
commission of one or more
serious offences orinvolved in
gang criminality, racketeering,
and syndicated organised
crime;

Clause 109(1) Explanation: For No equivalent section in the IPC. This definition has been borrowed from
the purposes of this the Maharashtra Control of Organised
subsection...: (iii) “continuing Crime Act, 1999 and other similar
unlawful activity” means an organised crime statutes in other states.
activity prohibited by law,
which is a cognizable offence
undertaken either singly or
jointly, as a member of an
organised crime syndicate or
on behalf of such syndicate in
respect of which more than
one charge-sheets have been
filed before a competent court
within the preceding period of
ten years and that court has
taken cognizance of such
offence.

Clause 109(2): Whoever, No equivalent section in the IPC. The punishment for attempt to commit
attempts to commit or the offence and the punishment for
commits an offence of actual commission of the offence under
organised crime shall,—(i) if this provision is the same. The
such offence has resulted in distinction is instead drawn on the basis
the death of any person, be of whether a death is caused or not. In
punishable with death or the former case, the offence is punishable
imprisonment for life and shall with imprisonment for life or death.
also be liable to fine which Otherwise, there is a mandatory
shall not be less than rupees minimum sentence of five years,
ten lakhs;(ii) in any other case, extendable to life imprisonment.
be punishable with
imprisonment for a term
which shall not be less than
five years but which may
extend to imprisonment for life
and shall also be liable to fine
 BNS IPC IMPLICATIONS OF REVISION
which shall not be less than
rupees five lakhs.

Clause 109(3): Whoever, No equivalent section in the IPC. This clause deals with conspiracies,
conspires or organises the organising the commission of an
commission of an organised organised crime, assisting and
crime, or assists, facilitates or facilitating organised crime or engaging
otherwise engages in any act in preparatory acts. The terms used are
preparatory to an organised wide and vague. For instance, the ambit
crime, shall be punishable with of preparatory acts may be very wide,
imprisonment for a term thus bringing within the section people
which shall not be less than who may not even have the relevant
five years but which may intention or knowledge that they are
extend to imprisonment for life engaging in an act preparatory to an
and shall also be liable to fine organised crime. From a penological
which shall not be less than perspective, the clause provides the same
rupees five lakhs. punishment for conspiracy and
abetment, as it does for membership,
thus equating these offences.

Clause 109(4): Any person No equivalent section in the IPC. This section is taken from the MCOCA.
who is a member of an The punishment is also the same.
organised crime syndicate Jurisprudence from MCOCA will apply.
shall be punishable with
imprisonment for a term
which shall not be less than
five years but which may
extend to imprisonment for life
and shall also be liable to fine
which shall not be less than
rupees five lakhs.
 BNS IPC IMPLICATIONS OF REVISION
Clause 109(5): Whoever, No equivalent section in the IPC. This section is taken from MCOCA. The
intentionally harbours or proviso is from UAPA. The
conceals or attempts to jurisprudence from these legislations will
harbour or conceal any person apply.
who has committed the
offence of an organised crime
or any member of an
organised crime syndicate or
believes that his act will
encourage or assist the doing
of such crime shall be
punishable with imprisonment
for a term which shall not be
less than three years but which
may extend to imprisonment
for life and shall also be liable
to fine which shall not be less
than rupees five lakhs:
Provided that this sub-section
shall not apply to any case in
which the harbour or
concealment is by the spouse
of the offender.

Clause 109(6): Whoever, holds No equivalent section in the IPC. This section is taken from MCOCA, save
any property derived, or for the term “proceeds of any organised
obtained from the commission crime”, which has been defined in the
of an organised crime or explanation. The proviso is from UAPA.
proceeds of any organised crime The jurisprudence from these legislations
or which has been acquired will apply.
through the organised crime
syndicate funds shall be
punishable with imprisonment
for a term which shall not be
less than three years but which
may extend to imprisonment for
life and shall also be liable to
fine which shall not be less than
rupees two lakhs.

Clause 109(7): If any person on No equivalent section in the IPC. This section is taken from MCOCA. The
behalf of a member of an proviso is from UAPA. The
organised crime syndicate is, jurisprudence from these legislations will
or at anytime has been in apply.
possession of movable or
immovable property which he
cannot satisfactorily account
for, shall be punishable with
imprisonment for a term
which shall not be less than
three years but which may
extend to imprisonment for ten
 BNS IPC IMPLICATIONS OF REVISION
years and shall also be liable to
fine which shall not be less
than rupees one lakh and such
property shall also be liable for
attachment and forfeiture.

Clause 109: Explanation.–– For No equivalent section in the IPC. This provides a broad definition to the
the purposes of this section, term “proceeds of an organized crime”,
“proceeds of any organised and can thus be overinclusive. Currently,
crime” means all kind of there is debate and criticism of similar
properties which have been provisions in the Prevention of Money
derived or obtained from Laundering Act, which have not been
commission of any organised taken into consideration while drafting
crime or have acquired this clause of the BNS.
through funds traceable to any
organised crime and shall
include cash, irrespective of
person in whose name such
proceeds are standing or in
whose possession they are
found.

Clause 110. (1) Any crime that No equivalent section in the IPC. This provision has vague and broad
causes general feelings of terms such as “general feelings of
insecurity among citizens insecurity among citizens”. It also
relating to theft of vehicle or consists of terms such as “mobile
theft from vehicle, domestic organised crime groups”. This may lead
and business theft, trick theft, to criminalisation of individuals/groups
cargo crime, theft (attempt to who are nomadic, which is was the
theft, theft of personal rationale behind the repealed “Criminal
property), organised pick Tribes Act”.
pocketing, snatching, theft
through shoplifting or card
skimming and Automated
Teller Machine thefts or
procuring money in unlawful
manner in public transport
system or illegal selling of
tickets and selling of public
examination question papers
and such other common forms
of organised crime committed
by organised criminal groups
or gangs, shall constitute petty
organised crimes and shall
include the said crimes when
 BNS IPC IMPLICATIONS OF REVISION
committed by mobile
organised crime groups or
gangs that create network of
contacts, anchor points, and
logistical support among
themselves to carry out
number of offences in region
over a period before moving
on.

(2) Whoever commits or No equivalent section in the IPC. This is the penal section for Clause
attempts to commit any petty 110(1). Like in Clause 109(2) the
organised crime, under sub- punishment for attempting the crime,
section (1) shall be punished and for committing the crime, is
with imprisonment for a term identical.
which shall not be less than
one year but which may
extend to seven years, and
shall also be liable to fine.

Clause 111(1): A person is said No equivalent section in the IPC. A large part of Clause 111(1) is taken
to have committed a terrorist from Section 15 of the Unlawful
act if he commits any act in Activities (Prevention) Act, 1967. The
India or in any foreign country jurisprudence that has emerged in the
with the intention to threaten context of Section 15 of the UAPA will
the unity, integrity and apply.
security of India, to intimidate
the general public or a
segment thereof, or to disturb
public order by doing an act,––

(i) using bombs, dynamite or Same as above.

any other explosive substance
or inflammable material or
firearms or other lethal
weapons or poison or noxious
gases or other chemicals or
any other substance (whether
biological or otherwise)
hazardous in nature in such a
manner so as to create an
 BNS IPC IMPLICATIONS OF REVISION
atmosphere or spread a
message of fear, to cause death
or serious bodily harm to any
person, or endangers a
person’s life;

(ii) to cause damage or loss Same as above.

due to damage or destruction
of property or disruption of
any supplies or services
essential to the life of the
community, destruction of a
Government or public facility,
public place or private
property;

(iii) to cause extensive Same as above.

interference with, damage or
destruction to critical
infrastructure;

(iv) to provoke or influence by Same as above.

intimidation the Government
or its organisation, in such a
manner so as to cause or likely
to cause death or injury to any
public functionary or any
person or an act of detaining
any person and threatening to
kill or injure such person in
order to compel the
Government to do or abstain
from doing any act, or
destabilise or destroy the
political, economic, or social
structures of the country, or
create a public emergency or
undermine public safety;

(v) included within the scope Same as above.

of any of the Treaties listed in
the Second Schedule to the
Unlawful Activities
(Prevention) Act, 1967.
 BNS IPC IMPLICATIONS OF REVISION
Clause 111(2): Whoever, No corresponding provision in A large part of Clause 111(2) is taken
attempts to commit or the IPC. from Section 16 of the Unlawful
commits an offence of terrorist Activities (Prevention) Act, 1967.
act shall,––(i) if such offence However, in 111 (2) (i), life imprisonment
has resulted in the death of has been specifically enhanced to exclude
any person, be punishable parole. Additionally fine amounts have
with death or imprisonment been mentioned in the section which is
for life without the benefit of absent in the UAPA. The punishment
parole, and shall also be liable under this provision is more stringent
to fine which shall not be less than corresponding provisions of the
than rupees ten lakhs;(ii) in UAPA.
any other case, be punishable
with imprisonment for a term
which shall not be less than
five years but which may
extend to imprisonment for
life, and shall also be liable to
fine which shall not be less
than rupees five lakhs.

Clause 111 (3): Whoever, No corresponding provision in Clause 111(3) is taken from Section 18 of
conspires, organises or causes the IPC. the Unlawful Activities (Prevention) Act,
to be organised any 1967. However, punishment under this
organisation, association or a provision specifically mentions a fine
group of persons for terrorist amount which is absent in the UAPA.
acts, or assists, facilitates or
otherwise conspires to engage
in any act preparatory to any
terrorist act, shall be
punishable with imprisonment
for a term which shall not be
less than five years but which
may extend to imprisonment
for life, and shall also be liable
to fine which shall not be less
than rupees five lakhs.

Clause 111(4): Any person, who is No corresponding provision in Clause 111(4) is taken from Section 20 of
a member of terrorist the IPC the Unlawful Activities (Prevention) Act,
organisation, which is involved in 1967. However, punishment under this
terrorist act, shall be punishable provision specifically mentions a fine
with imprisonment for a term
amount which is absent in the UAPA.
which may extend to
imprisonment for life, and shall
also be liable to fine which shall
not be less than rupees five lakhs.
 BNS IPC IMPLICATIONS OF REVISION
Clause 111 (5) Whoever, No corresponding provision in Clause 111(5) is largely taken from
intentionally harbours or the IPC. Section 19 of the Unlawful Activities
conceals or attempts to (Prevention) Act, 1967. However,
harbour or conceal any person punishment under this provision
who has committed an offence specifically mentions a fine amount
of any terrorist act shall be which is absent in the UAPA. This
punishable with imprisonment section brings in an element of
for a term which shall not be “intention” in the context of
less than three years but which harbouring/concealing a person who has
may extend to imprisonment committed a terrorist act. This is different
for life, and shall also be liable from the UAPA which requires
to fine which shall not be less knowledge that the person being
than rupees five lakh: harboured is a terrorist. Doing away
Provided that this sub-section with this requirement may have the
shall not apply to any case in impact of broadening the section as
which the harbour or compared to section 19 of the UAPA.
concealment is by the spouse
of the offender.

Clause 111 (6): Whoever, holds No corresponding provision in The first part of Clause 111 (6) is
any property directly or the IPC. borrowed from Sec. 21 of the Unlawful
indirectly, derived or obtained Activities (Prevention) Act, 1967. This
from commission of terrorist provision broadens the scope for
act or proceeds of terrorism, or criminalisation of acts beyond those of
acquired through the terrorist Sec. 21 of the UAPA.
fund, or possesses, provides,
collects or uses property or
funds or makes available
property, funds or financial
service or other related
services, by any means, to be
used, in full or in part to carry
out or facilitate the
commission of any terrorist
act, shall be punishable with
imprisonment for a term
which may extend to
imprisonment for life and shall
also be liable to fine which
shall not be less than rupees
five lakhs and such property
shall also be liable for
attachment and forfeiture.

Explanation.— For the No corresponding provision in This is an extremely vague and over-
purposes of this section,––(a) the IPC. Explanation a-(i) has broad definition, particularly as there is
“terrorist” refers to any person been taken from Sec. 4 of the no jurisprudence around this that can be
who—(i) develops, Philippines Anti-Terrorism Act, used by courts.
manufactures, possesses, 2020.
acquires, transports, supplies
or uses weapons, explosives,
 BNS IPC IMPLICATIONS OF REVISION
or releases nuclear,
radiological or other
dangerous substance, or cause
fire, floods or explosions; (ii)
commits, or attempts, or
conspires to commit terrorist
acts by any means, directly or
indirectly; (iii) participates, as
a principal or as an
accomplice, in terrorist acts;

(b) the expression “proceeds of No corresponding provision in

terrorism” shall have the same the IPC.
meaning as assigned to it in
clause (g) of section 2 of the
Unlawful Activities
(Prevention) Act, 1967;

(c) “terrorist organisation,

association or a group of
persons” refers to any entity
owned or controlled by any
terrorist or group of terrorists
that— (i) commits, or attempts
to commit, terrorist acts by any
means, directly or indirectly;—
(ii) participates in acts of
terrorism;—(iii) prepares for
terrorism;—(iv) promotes
terrorism;—(v) organises or
directs others to commit
terrorism;—(vi) contributes to
the commission of terrorist
acts by a group of persons
acting with common purpose
of furthering the terrorist act
where the contribution is
made intentionally and with
the aim of furthering the
terrorist act or with the
knowledge of the intention of
the group to commit a terrorist
act; or (vii) is otherwise
involved in terrorism; or (viii)
any organisation listed in the
First Schedule to the Unlawful
Activities(Prevention) Act,
1967 or an organisation
operating under the same
name as an organisation so
listed.
 BNS IPC IMPLICATIONS OF REVISION
Clause 114: The following The following kinds of hurt only Section 320 rightly provided that a hurt
kinds of hurt only are are designated as “grievous”:— would be considered grievous if the
designated as “grievous”, First.—Emasculation. victim were unable to follow their
namely:––(a) Emasculation.(b) Secondly.—Permanent privation pursuits or in severe bodily pain for
Permanent privation of the of the sight of either eye. twenty days. Twenty days (two thirds of
sight of either eye.(c) Thirdly.—Permanent privation of a month) has been changed to fifteen
Permanent privation of the the hearing of either ear days in the BNS. The logic for reduction
hearing of either ear.(d) Fourthly.—Privation of any from twenty days to fifteen days is not
Privation of any member or member or joint. clear.
joint.(e) Destruction or Fifthly.—Destruction or
permanent impairing of the permanent impairing of the
powers of any member or powers of any member or joint.
joint.(f) Permanent Sixthly.—Permanent
disfiguration of the head or disfiguration of the head or face.
face.(g) Fracture or dislocation Seventhly.—Fracture or
of a bone or tooth.(h) Any hurt dislocation of a bone or tooth.
which endangers life or which Eighthly.—Any hurt which
causes the sufferer to be endangers life or which causes
during the space of fifteen the sufferer to be during the space
days in severe bodily pain, or of twenty days in severe bodily
unable to follow his ordinary pain, or unable to follow his
pursuits. ordinary pursuits.

Clause 115 (3) Whoever No corresponding provision in This provision introduces an aggravated
commits an offence under sub- the IPC form of the offence of grievous hurt, with
section (1) and in the course of an increased mandatory minimum
such commission causes any sentence of ten years. This would have
hurt to a person which causes been punishable previously with a
that person to be in permanent maximum sentence of seven years.
disability or in persistent
vegetative state, shall be
punished with rigorous
imprisonment for a term
which shall not be less than ten
years but which may extend to
imprisonment for life, which
shall mean imprisonment for
the remainder of that person’s
natural life.

Clause115 (4) When grievous No corresponding provision in This clause appears to criminalise
hurt of a person is caused by a the IPC participation in the offence wherein
group of five or more persons grievous hurt is caused by a group on
on the ground of his, race, the grounds of race, caste, sex, etc. It is
caste, sex, place of birth, not clear whether there is a requirement
language, personal belief or of common intention, or the group needs
any other ground, each to share a common object. This
member of such group shall be vagueness may cause confusion.
guilty of the offence of causing
grievous hurt, and shall be
punished with imprisonment
 BNS IPC IMPLICATIONS OF REVISION
of either description for a term
which may extend to seven
years, and shall also be liable
to fine.

Clause 122(1): Whoever causes Section 326A: Whoever causes In Explanation 2, the inclusion of
permanent or partial damage permanent or partial damage or permanent vegetative state absurd
or deformity to, or burns or deformity to, or burns or maims because the condition is permanent by
maims or disfigures or or disfigures or disables, any part definition and therefore, irreversible.
disables, any part or parts of or parts of the body of a person or
the body of a person or causes causes grievous hurt by throwing
grievous hurt by throwing acid on or by administering acid
acid on or by administering to that person, or by using any
acid to that person, or by using other means with the intention of
any other means with the causing or with the knowledge
intention of causing or with that he is likely to cause such
the knowledge that he is likely injury or hurt, shall be punished
to cause such injury or hurt or with imprisonment of either
causes a person to be in a description for a term which shall
permanent vegetative state not be less than ten years but
shall be punished with which may extend to
imprisonment of either imprisonment for life, and with
description for a term which fine: Section 326B - Explanation 2:
shall not be less than ten years For the purposes of section 326A
but which may extend to and this section, permanent or
imprisonment for life, and partial damage or deformity shall
with fine:Explanation 2: For not be required to be irreversible.
the purposes of this section,
permanent or partial damage
or deformity or permanent
vegetative state, shall not be
required to be irreversible.

Clause 135: 1) Kidnapping is of Section 361: Whoever takes or The difference in age between boys and
two kinds: kidnapping from entices any minor under 2 girls has been now removed. Thus,
India, and kidnapping from [sixteen] years of age if a male, or kidnapping of boys between 16 to 18
lawful guardianship–– (b) under 3 [eighteen] years of age if years of age from lawful guardianship is
whoever takes or entices any a female, or any person of now criminalised under this provision.
child below the age of eighteen unsound mind, out of the keeping
years or any person with of the lawful guardian of such
mental illness, out of the minor or person of unsound
keeping of the lawful guardian mind, without the consent of such
of such child or person with guardian, is said to kidnap such
mental illness, without the minor or person from lawful
consent of such guardian, is guardianship.
said to kidnap such child or
person from lawful
guardianship.
 BNS IPC IMPLICATIONS OF REVISION
Clause 137(1): Whoever Section 363A(1): Whoever The term “minor” used in the section has
kidnaps any child below the kidnaps any minor or, not being been replaced with “child below the age
age of eighteen years or, not the lawful guardian of a minor, of 18 years” and “child”. The terms of
being the lawful guardian of obtains the custody of the minor, punishment have been significantly
such child, obtains the custody in order that such minor may be increased, with the introduction of
of the child, in order that such employed or used for the mandatory minimum sentences.
child may be employed or purposes of begging shall be
used for the purposes of punishable with imprisonment of
begging shall be punishable either description for a term
with rigorous imprisonment which may extend to ten years,
for a term which shall not be and shall also be liable to fine.
less than ten years but which
may extend to imprisonment
for life, and shall also be liable
to fine.

Clause 137(2): Whoever maims Section 363A(2): Whoever maims Same as above.
any child below the age of any minor in order that such
eighteen years in order that minor may be employed or used
such child may be employed for the purposes of begging shall
or used for the purposes of be punishable with imprisonment
begging shall be punishable for life, and shall also be liable to
with imprisonment which fine.
shall not be less than twenty
years, but which may extend
to life which shall mean
imprisonment for the
remainder of that person’s
natural life, and with fine.

Clause 137(3): Where any Section 363A(3): Where any Same as above.
person, not being the lawful person, not being the lawful
guardian of a child below the guardian of a minor, employs or
age of eighteen years employs uses such minor for the purposes
or uses such child for the of begging, it shall be presumed,
purposes of begging, it shall be unless the contrary is proved, that
presumed, unless the contrary he kidnapped or otherwise
is proved, that he kidnapped obtained the custody of that
or otherwise obtained the minor in order that the minor
custody of such child in order might be employed or used for
that such child might be the purposes of begging.
employed or used for the
purposes of begging.
 BNS IPC IMPLICATIONS OF REVISION
Clause 137(4): In this section Section 363A(4): In this section,— Same as above.
“begging” means—(i) (a) “begging” means— (i)
soliciting or receiving alms in a soliciting or receiving alms in a
public place, whether under public place, whether under the
the pretence ofsinging, pretence of singing, dancing,
dancing, fortune-telling, fortunetelling, performing tricks
performing tricks or selling or selling articles or otherwise; (ii)
articles or otherwise;(ii) entering on any private premises
entering on any private for the purpose of soliciting or
premises for the purpose of receiving alms; (iii) exposing or
soliciting or receiving alms;(iii) exhibiting, with the object of
exposing or exhibiting, with obtaining or extorting alms, any
the object of obtaining or sore, wound, injury, deformity or
extorting alms, any sore, disease, whether of himself or of
wound, injury, deformity or any other person or of an animal;
disease, whether of himself or (iv) using a minor as an exhibit
of any other person or of an for the purpose of soliciting or
animal;(iv) using such child as receiving alms; (b) “minor”
an exhibit for the purpose of means— (i) in the case of a male,
soliciting or receiving alms. a person under sixteen years of
age; and (ii) in the case of a
female, a person under eighteen
years of age.]

Clause 146: Whoever within or Whoever within or without Section 121A of the IPC used the phrase
without and beyond India [India] conspires to commit any “within or without India”. This covered
conspires to commit any of the of the offences punishable by acts committed in India and outside
offences punishable by section section 121, or conspires to India. The word “beyond” has now been
145, or conspires to overawe, overawe, by means of criminal added. It does not appear to make any
by means of criminal force or force or the show of criminal difference and is hence, superfluous.
the show of criminal force, the force, [the Central Government or
Central Government or any any [State] Government], shall be
State Government, shall be punished with [imprisonment for
punished with imprisonment life], or with imprisonment of
for life, or with imprisonment either description which may
of either description which extend to ten years, [and shall
may extend to ten years, and also be liable to fine].
shall also be liable to fine.
 BNS IPC IMPLICATIONS OF REVISION
Clause 150: Whoever, Section 124A: Whoever by words, Although the word “sedition” has been
purposely or knowingly, by either spoken or written, signs, or removed, the new clause has wider
words, either spoken or by visible representation, or connotations regarding acts which can
written, or by signs, or by otherwise, brings or attempts to now be criminalised under this
visible representation, or by bring into hatred or contempt, or provision. The use of vague phrases such
electronic communication or excites or attempts to excite as “exciting secessionist activities and
by use of financial mean, or disaffection towards, the feelings” could potentially criminalise
otherwise, excites or attempts Government established by law activities which do not have any overt
to excite, secession or armed in India, shall be punished with act. Further, the use of the word
rebellion or subversive imprisonment for life, to which “purposely” introduces an ambiguous
activities, or encourages fine may be added, or with standard of mental state. The
feelings of separatist activities imprisonment which may extend jurisprudence on sedition had limited the
or endangers sovereignty or to three years, to which fine may extent of the provision to words which
unity and integrity of India; or be added, or with lead to immediate violence. This leads to
indulges in or commits any fine.Explanation 1.—The further expansion of the scope of the
such act shall be punished expression “disaffection” includes provision. Moreover, the explanation
with imprisonment for life or disloyalty and all feelings of appears to be incomplete. However, if
with imprisonment which may enmity.Explanation 2.— read as it is, it can further broaden the
extend to seven years and shall Comments expressing ambit of the section.
also be liable to disapprobation of the measures of
fine.Explanation -- Comments the Government with a view to
expressing disapprobation of obtain their alteration by lawful
the measures, or means, without exciting or
administrative or other action attempting to excite hatred,
of the Government with a contempt or disaffection, do not
view to obtain their alteration constitute an offence under this
by lawful means without section.Explanation 3.—
exciting or attempting to excite Comments expressing
the activities referred to in this disapprobation of the
section. administrative or other action of
the Government without exciting
or attempting to excite hatred,
contempt or disaffection, do not
constitute an offence under this
section.

Clause 157: Whoever abets the Section 131: Whoever abets the The addition made to this section reads
committing of mutiny by an committing of mutiny by an “subject to Acts referred to in section 165
officer, soldier, sailor or officer, soldier, sailor or airman, of the Government of India.” This is
airman, in the Army, Navy or in the Army, Navy or Air Force of evidently erroneous, and possibly refers
Air Force subject to the Acts the Government of India or to Clause 165 of the BNS, and not to the
referred to in section 165 of the attempts to seduce any such Government of India.
Government of India or officer, soldier, sailor or airman
attempts to seduce any such from his allegiance or his duty,
officer, soldier, sailor or shall be punished with
airman from his allegiance or imprisonment for life, or with
his duty, shall be punished imprisonment of either
with imprisonment for life, or description for a term which may
with imprisonment of either extend to ten years, and shall also
description for a term which be liable to fine.
Explanation.—In this section the
 BNS IPC IMPLICATIONS OF REVISION
may extend to ten years, and words “officer”, “soldier”,
shall also be liable to fine. “sailor”and “airman” include any
person subject to the Army Act,
the Army Act, 1950 (46 of 1950)],
[the Naval Discipline Act, the
Indian Navy (Discipline) Act,1934
(34 of 1934)] [the Air Force Act or
[the Air Force Act, 1950 (45 of
1950)]], as the case may be].]

Clause 195. (1) Whoever, by No corresponding provision in The provision is overbroad in content
words either spoken or written the IPC and implication. It is not only
or by signs or by visible criminalising publishing
representations or through false/misleading information, but also
electronic communication or making the same, which means that even
otherwise,— ...(d) makes or speaking of certain words could be
publishes false or misleading criminalised.
information jeopardising the
sovereignty unity and integrity
or security of India,

Clause 224: Whoever attempts No corresponding provision in Section 115 of the Mental Healthcare Act,
to commit suicide with the the IPC 2017 stated that any person attempting to
intent to compel or restrain die by suicide will be presumed to be
any public servant from suffering from extreme stress. They will
discharging his official duty not be prosecuted and punished under
shall be punished with simple section 309 of the IPC. With section 309
imprisonment for a term no longer included in the BNS, Clause
which may extend to one year 224 draws out an exception wherein a
or with fine or with both or person who attempts to die by suicide
with community service. with the intent to compel or restraining a
public servant from discharging their
official duty shall be punished. This
could include hunger strikes and other
protests where death is a possible
consequence.

Clause 302. (1) Theft is No corresponding provision in It remains unclear as to what

“snatching” if, in order to the IPC. The same text has been distinguishes this offence from theft
commit theft, the offender used in the Haryana State simpliciter, especially since the
suddenly or quickly or forcibly Amendment (2015) to section 379 punishment is the same. Particularly, the
seizes or secures or grabs or and Punjab State Amendment phrase “takes away” makes it very
takes away from any person or (2014) to section 379. similar to the offence of theft as defined
from his possession any in the previous provision.
moveable property.
(2) Whoever commits
snatching, shall be punished
with imprisonment of either
description for a term which
may extend to three years, and
shall also be liable to fine.
 BNS IPC IMPLICATIONS OF REVISION
Clause 303: Whoever commits Section 380: Whoever commits This clause provides for enhanced
theft— theft in any building, tent or punishment for offences of theft
(a) in any building, tent or vessel, which building, tent or committed in vehicles, from vehicles,
vessel used as a human vessel is used as a human theft of idols or icons from places of
dwelling or used for the dwelling, or used for the custody worship, or any property of the
custody of property; or of property, shall be punished government or a local authority.
(b) of any means of transport with imprisonment of either
used for the transport of goods description for a term which may
or passengers; or extend to seven years, and shall
(c) of any article or goods from also be liable to fine.
any means of transport used
for the transport of goods or
passengers; or
(d) of idol or icon in any place
of worship; or
(e) of any property of the
Government or of a local
authority,

Clause 311: Whoever belongs Section 401: Whoever, at any time The removal of the word “wandering”
to any gang of persons after the passing of this Act, shall from this provision is a positive change,
associated in habitually belong to any wandering or other as it no longer implicates persons
committing theft or robbery, gang of persons associated for the belonging to nomadic castes and
and not being a gang of purpose of habitually committing communities who would otherwise be
dacoits, shall be punished with theft or robbery, and not being a targeted and criminalised thereunder.
rigorous imprisonment for a gang of thugs or dacoits, shall be
term which may extend to punished with rigorous
seven years, and shall also be imprisonment for a term which
liable to fine. may extend to seven years, and
shall also be liable to fine.

Clause 315(1): Property, the The new section adds the offence of
possession whereof has been cheating to the definition of “stolen
transferred by theft or property”. This is a positive change since
extortion or robbery or property transferred through cheating
cheating, and property which was not considered stolen property in
has been criminally the original section.
misappropriated or in respect
of which criminal breach of
trust has been committed, is
designated as “stolen
property”, whether the
transfer has been made, or the
misappropriation or breach of
trust has been committed,
within or without India, but, if
such property subsequently
comes into the possession of a
person legally entitled to the
possession thereof, it then
ceases to be stolen property.
 BNS IPC IMPLICATIONS OF REVISION
Clause 322 (3) Whoever No equivalent section. The offence of mischief under the IPC
commits mischief and thereby had graded punishments depending on
causes loss or damage to any the value of the property
property including the damaged/destroyed, as well as the
property of Government or nature of the property
Local Authority shall be damaged/destroyed. This new section
punished with imprisonment specifically adds property belonging to
of either description for a term the Government or Local Authority, and
which may extend to one year, punishes the act with a maximum of one
or with fine, or with both. year.

Clause 322 (4) Whoever Sec. 427 IPC-Mischief causing Continuing with the gradation of
commits mischief and thereby damage to the amount of fifty punishment depending on the value of
causes loss or damage to the rupees.—Whoever commits damage, the BNS increases the value
amount of twenty thousand mischief and from Rs. 50 in the IPC to a minimum of
rupees and more but less than thereby causes loss or damage to Rs. 20,000, and up to Rs. 100,000 and
one lakh rupees shall be the amount of fifty rupees or provides a maximum sentence of two
punished with imprisonment upwards, shall be punished with years.
of either description for a term imprisonment of either
which may extend to two description for a term which may
years, or with fine, or with extend to two years, or with fine,
both. or with both.

Clause 322 (5) Whoever No equivalent section. Continuing with the gradation of
commits mischief and thereby punishment depending on the value of
causes loss or damage to the damage, this newly introduced clause
amount of one lakh rupees or provides a maximum sentence of
upwards, shall be punished imprisonment of five years for damaging
with imprisonment of either property worth over Rs. 1 lakh.
description for a term which
may extend to five years, or
with fine, or with both.

Clause 323: Whoever commits Sec. 428 IPC- Mischief by killing This section criminalises killing,
mischief by killing, poisoning, or maiming animal of the value of poisoning, maiming or rendering useless
maiming or rendering useless ten rupees.—Whoever any animal, thus possibly criminalising
any animal shall be punished commitsmischief by killing, the killing of animals for any reason. The
with imprisonment of either poisoning, maiming or rendering IPC’s logic was to criminalise the killing
description for a term which useless any animal or animals of of animals which were of value to
may extend to five years, or the value of the tenrupees or someone, possibly covering
with fine, or with both. upwards, shall be punished with domesticated animals killed by a third
imprisonment of either person without the consent of the owner
description for a term which may of the animal. Clause 323, by removing
extend to two years, or with fine, the value of the animal, appears to
or with both. criminalise the killing of any animal,
domesticated or otherwise. In light other
429. Mischief by killing or legislations such as the Prevention of
maiming cattle, etc., of any value Cruelty to Animals Act, 1960, the
or any animal of the value of Wildlife Protection Act, 1972, etc., this
fiftyrupees.—Whoever commits section should have ideally been
mischief by killing, poisoning, repealed.
maiming or rendering useless,
 BNS IPC IMPLICATIONS OF REVISION
any elephant, camel, horse, mule,
buffalo, bull, cow or ox, whatever
may be the value thereof, or any
other animal of the value of fifty
rupees or upwards, shall be
punished with imprisonment of
either description for a
termwhich may extend to five
years, or with fine, or with both.

Clause 324: Whoever commits Sec. 433 IPC. Mischief by The section expands the scope of
mischief by...(d) destroying or destroying, moving or rendering navigation devices originally in the IPC,
moving any sign or signal less useful a light-house or sea- which were confined to devices used in
used for navigation of rail, mark.— maritime navigation to include devices
aircraft or ship or other thing Whoever commits mischief by used for navigation in railways and in
placed as a guide for destroying or moving any light- airways. Destroying a railway signal will
navigators, or by any act house or other light used as a sea- now be covered under this section.
which renders any such sign mark, or any sea-mark or buoy or
or signal less useful as a guide other thing placed as a guide for
for navigators, shall be navigators, or by any act which
punished with imprisonment renders any
of either description for a term such light-house, sea-mark, buoy
which may extend to seven or other such thing as aforesaid
years, or with fine, or with less useful as a guide for
both; navigators,
shall be punished with
imprisonment of either
description for a term which may
extend to seven years, or with
fine, or with both.

Clause 325: (1) Whoever 437. Mischief with intent to Section 437 of the IPC only covered
commits mischief to any rail, destroy or make unsafe a decked decked vessels (ships). The section now
aircraft, or a decked vessel or vessel or one of twenty tons covers railway vessels, and aircrafts.
any vessel of a burden of burden.—Whoever commits
twenty tons or upwards, mischief to any decked vessel or
intending to destroy or render any vessel of a burden of twenty
unsafe, or knowing it to be tons or upwards, intending to
likely that he will thereby destroy or render unsafe, or
destroy or render unsafe, that knowing it to be likely that he
rail, aircraft or vessel, shall be will thereby destroy or render
punished with imprisonment unsafe, that vessel, shall be
of either description for a term punished with imprisonment of
which may extend to ten years, either description for a term
and shall also be liable to fine. which may extend to ten years,
and shall also be liable to fine.

Clause 335: Whoever forges a 466. Forgery of record of Court or This clause now includes forging cards
document or an electronic of public register, etc.[Whoever issued by the Government including an
record, purporting to be a forges a document or an Aadhar card or voter identity card.
record or proceeding of or in a electronic record], purporting to
Court or an identity document be arecord or proceeding of or in
 BNS IPC IMPLICATIONS OF REVISION
issued by Government a Court of Justice, or a register of
including voter identity card birth, baptism, marriage or burial,
or Aadhaar Card, or a register or a register kept by a public
of birth, marriage or burial, or servant as such, ora certificate or
a register kept by a public document purporting to be made
servant as such, or a certificate by a public servant in his official
or document purporting to be capacity, or an authority to
made by a public servant in his institute or defend a suit, or to
official capacity, or an takeany proceedings therein, or to
authority to institute or defend confess judgment, or a power of
a suit, or to take any attorney, shall be punished with
proceedings therein, or to imprisonment of either
confess judgment, or a power description for a termwhich may
of attorney, shall be punished extend to seven years, and shall
with imprisonment of either also be liable to fine.
description for a term which
may extend to seven years,
and shall also be liable to fine.

Clause 339 (3): Whoever No equivalent provision in the This clause criminalises possession of
possesses any seal, plate or IPC. seals, plates and other instrument
other instrument knowing the knowing them to be counterfeit. This fills
same to be counterfeit, shall be a possible void in the IPC.
punished with imprisonment
of either description for a term
which may extend to three
years, and shall also be liable
to fine.

Clause 339 (4): Whoever No equivalent provision in the Continuing from the previous clause,
fraudulently or dishonestly IPC. this clause criminalises the use as
uses as genuine any seal, plate genuine of a seal, plate or other
or other instrument knowing instrument knowing them to be
or having reason to believe the counterfeit. This fills a possible void in
same to be counterfeit, shall be the IPC.
punished in the same manner
as if he had made or
counterfeited such seal, plate
or other instrument.
 BNS IPC IMPLICATIONS OF REVISION
Clause 351(1) : Whoever The BNS now includes circulation of
makes, publishes or circulates false information, which was not in the
any statement, false IPC.
information, rumour, or
report, including through
electronic means—(a) with
intent to cause, or which is
likely to cause, any officer,
soldier, sailor or airman in the
Army, Navy or Air Force of
India to mutiny or otherwise
disregard or fail in his duty as
such; or(b) with intent to
cause, or which is likely to
cause, fear or alarm to the
public, orto any section of the
public whereby any person
may be induced to commit an
offence against the State or
against the public tranquility;
or(c) with intent to incite, or
which is likely to incite, any
class or community of persons
to commit any offence against
any other class or community,
shall be punished with
imprisonment which may
extend to three years, or with
fine, or with both.

Authors: Mrinal Satish, Preeti Pratishruti Dash, Anushka Pandey

Cite as: Mrinal Satish, Preeti Pratishruti Dash, Anushka Pandey, ‘Bharatiya Nyaya Sanhita Bill: Implications
of Proposed Changes to the Indian Penal Code’, The NLS Blog (8 Dec 2023),
<https://www.nls.ac.in/blog/bharatiya-nyaya-sanhita-bill-implications-of-proposed-changes-to-the-indian-
penal-code/>.