Beyond Old Codes - Fresh Criminal Provisions Of BNS 2023

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T18:29:24.612567+00:00

Updated: 2026-08-26T17:11:48.469+00:00

BEYOND OLD CODES: FRESH CRIMINAL PROVISIONS OF

BNS 2023

Treasy Nilopher, Thanuja PS & Suresh C, Sastra Deemed University, Tanjore, Sastra Deemed University, Tanjore

1. INTRODUCTION

The introduction of the Bharatiya Nyaya Sanhita 20231 has facilitated the criminal law scenario according to current societal conditions and overthrown the colonized and archaic Britishintroduced age-old Indian Penal Code 18602. The new criminal law has introduced novel subjects relevant to this era with inclusive language, and clear distinctions such as differentiating hurt from grievous hurt, enhancing punishments, and introducing new offenses according to contemporary demands.

2. NEW CRIMES

2.1 Section 48- Abetment of offenses in India outside the country

Section 483 of the BNS 2023 enunciates the abetment of an offense in India from outside the country. According to this act, anyone who abets an offense in India from outside the country will stay liable under this section. This section aims to extend the jurisdiction of certain crimes like abetment and enable the prosecution of persons residing outside India. Previously the repealed act IPC held only the abetment of persons in India for offenses outside India under Section 108A4 which is now forwarded to BNS Section 475. The punishment for the abettor is similar to the punishment for the principal offender who committed the offense as per Section

496 of BNS and this lawful enforcement has now a much wider jurisdiction including those

abettors from foreign. Abetment has been a recognized offense in the country for so long

1 Bharatiya Nyaya Sanhita 2023

2 Indian Penal Code 1860

3 Bharatiya Nyaya Sanhita 2023, s48

4 Indian Penal Code 1860, s108A

5 Bharatiya Nyaya Sanhita 2023, s47

6 Bharatiya Nyaya Sanhita 2023, s49

however the legislator's initiative in BNS to expand the jurisdiction beyond the geographical terrains for this offense seems tactful.

2.2 Section 111– Organized Crime

2.2.1 Organized crimes have been introduced in BNS such as contract killings, human

trafficking, and kidnapping. An individual as a member of an organized crime his//her criminal liability is checked in alignment with the nexus with the syndicate (who are actively involved in continuing unlawful activity) against whom, at the given point in time, more than one chargesheets stand filed, about a cognizable offense punishable with imprisonment of three years or more, within last preceding ten years7.

2.2.2 These crimes were impliedly present in the penal code under various IPC sections:

Section 3008 & 3029- Murder Section 36010, 36311, 364A12 - Kidnapping Section 37013 & 370A14 - Human trafficking There is no complete proper central legislation for such crimes, these crimes were not very prevalent in the southern part of the nation, and there existed some specific legislations such as the Maharashtra Control of Organised Crime Act (MCOCA) 199915, the Customs Act 196216, the Immoral Traffic (Prevention) Act17, 1956, FORE Act, 1973, etc18. This caused an open gap in effectively tackling such offenses across states. Slow trials, poor witness protection, lack of sufficient police power, and inadequate technology to prevent these crimes. The lack of comprehensive central legislation made it easier for the offenders to migrate from 7 Sanjay Jain,Decoding Mcoca- Two Decades Of Tackling Organized Crime In India[2024] accessed 16 September 2024

8 Indian Penal Code 1860, s300

9 Indian Penal Code 1860, s302

10 Indian Penal Code 1860, s360

11 Indian Penal Code 1860, s363

12 Indian Penal Code 1860, s364A

13 Indian Penal Code 1860, s370

14 Indian Penal Code 1860, s370A

15 Maharashtra Control of Organised Crime Act, 1999

16 The Customs Act, 1962

17 Immoral Traffic (Prevention) Act, 1956

18 Jyo, Meaning characteristic types.. accesses 18 September 2024

state to state making state coordination in law enforcement difficult. Many states attempted to get similar laws to MCOCA but went unenforced due to lack of the president's assent.

2.2.3 The importance of Section 111 of BNS can be understood through the judgments of Abu

Salem v. State of Maharashtra and State of Maharashtra v. Bharat Shah & Others. The Abu Salem case was the very face of the notorious figure in organized crime within this case prosecuted under the Maharashtra Control of Organised Crime Act, or MCOCA; all these efforts evidence the targeted approach of the said Act towards cases of organized criminal activities. Besides, charges for criminal conspiracy were brought according to Section 120B of the Indian Penal Code, reflecting how provisions under the IPC complement efforts to deal with organized crime. Similarly, the case of Bharat Shah presented how organized crime syndicates might impact even legitimate areas, such as the Bollywood film industry. Shah faced trial under the charges of MCOCA for his nexus with organized crime but also under IPC Section 120B for conspiracy.

Although Shah was acquitted of the MCOCA charges, it patently was a case that created concern regarding the scale on which the underworld hampers business in most industries, and, thus, a sense of urgency for a particular law. Therefore, Section 11119 of the BNS 2023 Act is an important step forward in dealing more seriously with this menace since filling up the gaps left by the earlier enactments and tying up an international standard.

2.3 Section 104- Punishment for murder by life convict

The BNS 2023 Act introduced a section for murder by life-convict under Section 10420 which elaborates that if any person under imprisonment for life commits murder, shall be punished with death or with imprisonment for life (for life means the remainder of natural life). However, the BNS doesn’t explicitly outline specific cases where death punishment would be given to a life convict who commits murder. Based on the nature of the murder, the severity of the crime, such as whether it was premeditated or particularly brutal, could influence the decision. The offense was presented under IPC 30321 where the punishment for murder by a life convict was direct ‘Capital Punishment’ and did not provide the court its discretion. In the

19 Bharatiya Nyaya Sanhita 2023, s111

20 Bharatiya Nyaya Sanhita 2023, s104

21 Indian Penal Code 1860,s303

case of Shatrughan Chauhan vs Union of India22, it was held that IPC 30323 violates Article

2124 and laid guidelines for mercy petition disposal and a minimum notice period for execution

of death. Furthermore, in the case of Dilip Kumar and Ors. Vs State of Madhya Pradesh25, the death sentence awarded was reduced to life imprisonment. Observing the judgments of judicial precedents and the legal history of similar cases the IPC 303 was repealed in the case of Mithu Singh v. State of Punjab26, as against Articles 1427 and 2128 of the Indian constitution. Also, the court observed it to infringe the procedural safeguards under Sections 235(2)29 and 354(3)30 of the CrPc. The reintroduction of this section in BNS is a debatable issue however the new provision has rectified the error of absence of judicial discretion.

2.4 Section 95 - hiring employing or engaging a child to commit an offense

The BNS 2023 emancipated the provisions for offenses against women and children consolidated these scattered provisions of IPC into chapter Five, and introduced the provision of hiring, employing, or engaging a child to commit an offense, granting a minimum punishment of 3 years and a maximum punishment of 7 years. Engaging children in sexual crimes and using them for pornography is also covered under this section. Section 9531 has been introduced to increase the gravity of offenses involving children where the offender will be punished under the crime directly along with this section.

Before this special section for children, the offenses against children are filed under the provisions of the Indian Penal Code of 1860, namely, Section 36032 which deals with kidnapping or abducting a person with the intent to cause him to be sold or disposed of as a slave, Section 37433 and 37534 which deals with rape and punishment for it and then section 37735 which deals with unnatural offenses.

22 Shatrughan Chauhan & Anr vs Union Of India & Ors [2014] AIR SCW 793

23 Indian Penal Code 1860,s303

24 Indian Constitution of India 1950, Art 21

25 Dilip Kumar Sharma & Ors vs State Of Madhya Pradesh [1976] AIR 133

26 Mithu v. State Of Punjab Etc [1983] AIR 473

27 Indian Constitution of India 1950, Art 14

28 Indian Constitution of India 1950, Art 21

29 Criminal Procedure Code 1973, s235(2)

30 Criminal Procedure Code 1973, s353(3)

31 Bharatiya Nyaya Sanhita 2023, s95

32 Indian Penal Code 1860,s360

33 Indian Penal Code 1860,s374

34 Indian Penal Code 1860,s375

35 Indian Penal Code 1860,s377

There are also specific legislations like POCSO36 & Juvenile Justice Act37 protecting minors. The children may be employed for committing the offenses of theft, drug trafficking, prostitution, and cyber crimes. Involving children in illegal activities can have long-lasting negative effects on the children’s physical mental and emotional development. Children are often exploited by adults who promise them money, gifts, or protection in exchange for committing crimes. As in the case of Bachpan Bachao Andolan v. UOI38, based on a report ‘The Missing Children of India’ ordered to prohibit employment of children in circuses, raid circuses to free children and establish rehabilitation, and mulling the crime rates using children the introduction of section 95 throws glory.

2.5 Terrorist Activities

The BNS introduced section 11339 defining actions intending to threaten the country's unity, sovereignty, or security, or insight terror amongst people as terrorist activities. Methods like the usage of firearms, explosives, or harmful substances to commit such activities and these acts have punishments ranging from five years to life imprisonment or the death penalty depending on the gravity of the offense. This section further enhances penalties for training, recruiting, harboring, and possessing properties acquired through terrorist activities. The section has been included to increase the counter-terrorism legal framework of India, enhance the investigation agency, and reduce the repercussions of UAPA provisions.

The BNS act aims to improve the way of handling modern threats such as cyber terrorism resolve the gaps present in IPC encourage coordination between NIA & IB and local police and flourish the prosecutorial system. Previously there were many scattered legislations like UAPA, NSA 1980, AFSPA, PMLA, etc. , which are now consolidated into one central legislation. In the case of Yakub Abdul Razak vs the State of Maharashtra40, Memon was convicted for organizing and funding the 1993 Mumbai bomb blast. However, he was not directly involved, yet convicted under Section 21 of the TADA Act41. To simplify the investigation and reach better results Section 11342 of BNS will be helpful.

36 The Protection of Children from Sexual Offences, 2012

37 Juvenile Justice (Care and Protection of Children) Act, 2015

38 Bachpan Bachao Andolan vs Union Of India & Ors AIR 2011 SUPREME COURT 3361

39 Bharatiya Nyaya Sanhita 2023, s113

40 Yakub Abdul Razak Memon vs State Of Maharashtra AIR 2013 SC 661

41 Terrorist and Disruptive Activities (Prevention) Act 1985

42 Bharatiya Nyaya Sanhita 2023, s113

2.6 Sexual intercourse through deceitful means

Introduction of Section 6943 as a new offense under the BNS as prescribed ten years of imprisonment or fine for engaging in sexual activity based on false promise of marriage for other pretenses. The law deals with offenses where a man fraudulently induces women for sexual intercourse. The section targets instances of deceptive sexual intercourse which was not adequate in the IPC however the previous cases were handled under section 90 of the IPC where consent given under misconception was dealt with.

As per, Bhupesh Thakur Vs State of Himachal Pradesh44, the court has observed that", since "woman" and "transgender" have been recognized distinctly as per BNS and the pair of BNS so defined under Section 2 along with physical relationship inter-se victim prosecutrix and bail petitioner if any before surgery of victim-prosecutrix from where her sex was allegedly changed denies initiation regarding BNS approval under Section 69 for booking against accused bail petitioner rather he is required to be proceeded by law.

In the case of Vimal Vijay vs Union of India, A pill has been filed by a lawyer before the Kerala High Court challenging section 69 of BNS which states that it criminalizes sexual intercourse by employing deceitful like false promises to marry, The provision has been challenged that it was violating the right of equality, right to expression, and right to life guaranteed under the constitution. Hence, this section and rectification have also failed to incorporate the further needed changes.

2.7 Hate Speech

Sections under IPC existed for hate speech in a scattered manner under Sections 153A45, 295A46, 29847, and 505(1)48, often used in terms like promoting enmity, outraging religious feeling, and public vagueness which is all subjective and vague. The 267th Law Commission Report composed of a strong legally backed committee had ignored many SC judgements with clear-cut laws for prosecuting hate speech. Hate speech is defined as “Speech that carries no meaning other than the expression of hatred for some group, such as a particular race, especially in circumstances in which the communication is likely to provoke violence.”49 In the case of

43 Bharatiya Nyaya Sanhita 2023, s69

44 Bhupesh Thakur vs . State Of H.P. 2024 HP 56

45 Indian Penal Code 1860,s153A

46 Indian Penal Code 1860,s295A

47 Indian Penal Code 1860,s298

48 Indian Penal Code 1860,s505(1)

49 “Hate Speech”, Black’s Law Dictionary, 9th ed., 2009, p. 1529.

Pravasi Bhalai Sangathan vs. Union of India50, the SC ordered the Law Commission of India to frame guidelines to prevent provocative statements, define hate speech, and suggest parliamentary recommendations. The BNS bill has introduced Sections 196(1)51 and 197(1)52 by the modern-day climate and adaptive to technological developments and simplifying procedural complexities.

3. CONCLUSION

The BNS has modernized criminal law in alignment with the social atmosphere and introduced various new crimes. However, it has not acted upon various calls for decriminalizing offenses, particularly those made by the Committee on Draft National Policy on Criminal Justice. Though it has made betterment in clearer definitions and reforms it falls short in areas like implementation and inclusivity. This punitive approach must be balanced with principles of equity and natural justice, and further enforcement and amendments is an ongoing dialogue.

50 Pravasi Bhalai Sangathan vs U.O.I. & Ors AIR 2014 SUPREME COURT 1591

51 Bharatiya Nyaya Sanhita 2023, s196(1)

52 Bharatiya Nyaya Sanhita 2023, s197(1)