The Bharatiya Nyaya Sanhita (BNS), 2023, replaced the Indian Penal Code, 1860, to modernize India’s criminal justice framework. It defines a criminal offence as an act or omission that causes harm to society or individuals and is punishable by law. The BNS requires both mens rea (guilty mind) and actus reus (guilty act) for most offences, except in strict liability cases, where only the act suffices for conviction.
Section 103 of the BNS defines murder as intentionally causing a person’s death or performing an act knowing it is likely to cause death, punishable by life imprisonment or death. However, Section 105 provides for culpable homicide not amounting to murder if the act occurs under grave and sudden provocation, reducing the punishment to imprisonment up to seven years. Section 69 defines criminal conspiracy as an agreement between two or more persons to commit an illegal act, accompanied by an overt act in furtherance of the agreement, punishable by imprisonment up to seven years for serious offences. Under Section 303, theft is the dishonest taking of movable property from another’s possession without consent, punishable by up to seven years’ imprisonment, a fine, or both. For minor thefts (e.g., property worth less than ₹5,000), courts may impose community service instead (Section 303(2)).
The BNS also recognizes the right of private defence under Section 96, allowing reasonable force to protect oneself or others, provided the force is proportionate to the threat. Additionally, the BNS emphasizes restorative justice, encouraging courts to consider victim compensation in sentencing.
Consider the following scenarios: Rhea, in a heated argument, slaps Mohan, who falls, hits his head, and dies. Rhea claims she was provoked by Mohan’s abusive language. In another case, Karan and Simran plan to steal a bicycle worth ₹3,000 from a shop, with Simran distracting the shopkeeper while Karan takes the bicycle.
For stealing a bicycle worth ₹3,000, what punishment could the court impose on Karan and Simran under the BNS?