Page 1
Bharatiya Nyaya Sanhita:
An Overview
Page 2
Bharatiya Nyaya Sanhita:
An Overview
• The Bharatiya Nyaya Sanhita, 2023 ( “BNS ”) was enacted on December 25,
2023, repealing and replacing the Indian Penal Code, 1860 ( “IPC ”) as the new
penal code of the country.
• The three new Laws Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha
Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July
1,2024, the Ministry of Home Affairs has released notification regarding the
same.
• Object and Reasons: Need for change. The IPC continued as a relic of pre-
independence British-era housing outdated provisions that did not align with the
evolving modern rights and inclusion based discourse.
• Why the name Bharatiya Nyaya Sanhita 2023? Indianization of British Laws, a message to
the people, from punishment as core to justice as the core
Page 3
Bharatiya Nyaya Sanhita:
An Overview
• The Bharatiya Nyaya Sanhita, 2023 ( “BNS ”) was enacted on December 25,
2023, repealing and replacing the Indian Penal Code, 1860 ( “IPC ”) as the new
penal code of the country.
• The three new Laws Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha
Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July
1,2024, the Ministry of Home Affairs has released notification regarding the
same.
• Object and Reasons: Need for change. The IPC continued as a relic of pre-
independence British-era housing outdated provisions that did not align with the
evolving modern rights and inclusion based discourse.
• Why the name Bharatiya Nyaya Sanhita 2023? Indianization of British Laws, a message to
the people, from punishment as core to justice as the core
• The Chief Justice of India has recently hailed the three new laws and called that it
“a watershed moment”.
• To put forth the govts perspective, Dr. Rajiv Mani Secretary, Department of Legal
Affairs, Ministry of Law and Justice has said “ T he existing criminal laws which trace
their origin to the colonial era need to come out and define the State- Citizen
relationship not based on colonial prejudices and practices but on the principles of
access of justice to all . The three laws have hence been enacted to overhaul the
criminal justice system in the country to make it citizen-centric.
• Solicitor General of India Sh. Tushar Mehta emphasises upon the historical
necessity of change(PIB Press Release https://pib.gov.in/PressRelease)
Page 4
Bharatiya Nyaya Sanhita:
An Overview
• The Bharatiya Nyaya Sanhita, 2023 ( “BNS ”) was enacted on December 25,
2023, repealing and replacing the Indian Penal Code, 1860 ( “IPC ”) as the new
penal code of the country.
• The three new Laws Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha
Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July
1,2024, the Ministry of Home Affairs has released notification regarding the
same.
• Object and Reasons: Need for change. The IPC continued as a relic of pre-
independence British-era housing outdated provisions that did not align with the
evolving modern rights and inclusion based discourse.
• Why the name Bharatiya Nyaya Sanhita 2023? Indianization of British Laws, a message to
the people, from punishment as core to justice as the core
• The Chief Justice of India has recently hailed the three new laws and called that it
“a watershed moment”.
• To put forth the govts perspective, Dr. Rajiv Mani Secretary, Department of Legal
Affairs, Ministry of Law and Justice has said “ T he existing criminal laws which trace
their origin to the colonial era need to come out and define the State- Citizen
relationship not based on colonial prejudices and practices but on the principles of
access of justice to all . The three laws have hence been enacted to overhaul the
criminal justice system in the country to make it citizen-centric.
• Solicitor General of India Sh. Tushar Mehta emphasises upon the historical
necessity of change(PIB Press Release https://pib.gov.in/PressRelease)
Scheme of the BNS
• Overall there are 20 chapters under the BNS.
• The Chapters and offences against women and children, murder have been given
precedence. Further, the offences against women and children which were scattered
throughout in the erstwhile Penal Code, 1860 have been brought together and have
been consolidated under Chapter-V .
• In the same manner, the offences affecting the human body are also brought up in
the order and placed after the Chapter on offences against women and children.
• BNS has been streamlined and it will now consist of only 358 Sections as opposed
to 511 Sections in IPC, 1860.
Page 5
Bharatiya Nyaya Sanhita:
An Overview
• The Bharatiya Nyaya Sanhita, 2023 ( “BNS ”) was enacted on December 25,
2023, repealing and replacing the Indian Penal Code, 1860 ( “IPC ”) as the new
penal code of the country.
• The three new Laws Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha
Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July
1,2024, the Ministry of Home Affairs has released notification regarding the
same.
• Object and Reasons: Need for change. The IPC continued as a relic of pre-
independence British-era housing outdated provisions that did not align with the
evolving modern rights and inclusion based discourse.
• Why the name Bharatiya Nyaya Sanhita 2023? Indianization of British Laws, a message to
the people, from punishment as core to justice as the core
• The Chief Justice of India has recently hailed the three new laws and called that it
“a watershed moment”.
• To put forth the govts perspective, Dr. Rajiv Mani Secretary, Department of Legal
Affairs, Ministry of Law and Justice has said “ T he existing criminal laws which trace
their origin to the colonial era need to come out and define the State- Citizen
relationship not based on colonial prejudices and practices but on the principles of
access of justice to all . The three laws have hence been enacted to overhaul the
criminal justice system in the country to make it citizen-centric.
• Solicitor General of India Sh. Tushar Mehta emphasises upon the historical
necessity of change(PIB Press Release https://pib.gov.in/PressRelease)
Scheme of the BNS
• Overall there are 20 chapters under the BNS.
• The Chapters and offences against women and children, murder have been given
precedence. Further, the offences against women and children which were scattered
throughout in the erstwhile Penal Code, 1860 have been brought together and have
been consolidated under Chapter-V .
• In the same manner, the offences affecting the human body are also brought up in
the order and placed after the Chapter on offences against women and children.
• BNS has been streamlined and it will now consist of only 358 Sections as opposed
to 511 Sections in IPC, 1860.
• Fines in the IPC were very low ranging from Rs.10 to Rs. 1,000. Similarly, the
punishments for various offences also needed rationalization. Hence, terms
of imprisonment for 33 offences have been suitably enhanced, fines in 83
cases have been increased and mandatory minimum punishment has also
been introduced in 23 many offences.
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