THIS COMPARISION IS DRAWN BY MUSKAN JAT, STUDENT OF PIMR, GWALIOR
INTRODUCTION
The Indian Penal Code (IPC), 1860, has been the cornerstone of India’s criminal law for over a century. However, with the changing times and evolving societal needs, the IPC has undergone significant amendments and revisions. Recently, the Government of India has introduced the Bharatiya Nyaya Sanhita (BNS), a new criminal code that aims to consolidate and amend the provisions related to offenses and connected matters. The BNS marks a significant shift in India’s criminal law landscape, introducing new offenses, increasing punishments, and omitting or repealing several laws. The new code aims to provide a more comprehensive and effective framework for dealing with crimes and offenses. In this blog post, we’ll delve into the key differences between the BNS and the IPC, exploring the implications of these changes for the justice system, legal professionals, and the general public.
OVERVIEW OF INDIAN PENAL CODE 1860
The Indian Penal Code (IPC) was established during British rule in 1860 on the recommendations of the first Law Commission of India, which was established in 1834 under the Charter Act of 1833 and was led by Thomas Babington Macaulay. However, the Code was enacted on January 1, 1862, and applied to the entire then-British India, except the princely states. After Independence, the Government of India adopted it as the criminal code of the Republic of India. It is a comprehensive code that applies to all Indian citizens and covers all aspects of criminal law. Since India’s independence, the IPC has undergone numerous revisions and now includes several additional criminal statutes.
The primary legal framework in India for establishing criminal liability for specific offenses and establishing exceptions to criminal liability for such offenses is the Indian Penal Code (IPC). It includes a thorough body of legislation that defines civil law rights, obligations, offenses, and penalties in addition to covering all significant facets of criminal law. Within the IPC, substantive criminal law defines terms such as “robbery,” “assault,” and “murder,” as well as the traits of these offenses and the associated punishments. Every offense is carefully defined by the IPC, which includes all components required to make up the offense. As a result, the IPC is the legal document that lists crimes that are punishable and the punishments for them. Regardless of where they live, it is applicable to all Indian citizens and people of Indian descent. Every offense is carefully defined by the IPC, which includes all components required to make up the offense. As a result, the IPC is the legal document that lists crimes that are punishable and the punishments for them. Regardless of where they live, it is applicable to all Indian citizens and people of Indian descent. The IPC has 511 sections and is divided into 23 chapters.
OVERVIEW OF BHARATIYA NYAYA SANHITA ,2023
On December 25, 2023, the Indian Penal Code, 1860 (“IPC”) was repealed and replaced as the nation’s Indian penal code by the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
Although the IPC and the Code of Criminal Procedure, 1898 were thoroughly reviewed by the 5th Law Commission, which was chaired by Mr. K.V.K. Sundaram, only the criminal procedure code was revised and re-enacted as the Code of Criminal Procedure, 1973. The IPC persisted as a holdover from the British pre-independence era, containing antiquated clauses that were out of step with the growing discourse on inclusion and modern rights.
COMPARISON BETWEEN THE BNS, 2023 AND IPC,1860
Key Differences:
1. Structure and Organization: The BNS has 20 chapters and 358 sections, whereas the IPC had 23 chapters and 511 sections.
2. New Offenses: The BNS introduces 20 new offenses, including organized crime, terrorism, and murder or grievous hurt by a group on certain grounds.
3. Increased Punishments: The BNS increases punishments for 33 offenses, with mandatory minimum punishment for 23 offenses.
4. Fines and Community Service: The BNS introduces community service as a sentence for six offenses and increases fines for 83 offenses.
5. Omissions and Repeals: The BNS omits 19 provisions from the IPC and repeals several laws, including the Indian Penal Code (Amendment) Act, 2013.
TABULAR COMPARISON
| Aspect | IPC 1860 | BNS 2023 |
| Total sections | 511 | 358 |
| Total chapters | 23 | 20 |
| Sedition | Section 124A (Sedition) criminalized words or actions against the government | Removed; replaced with Section 150: Criminalizes acts that endanger sovereignty, unity, and integrity of India |
| Terrorism | No dedicated section; covered under UAPA, 1967. | Section 113-114: Explicitly defines terrorism and includes harsher penalties |
| Organized Crime | No dedicated section in IPC. | Section 109-112: Introduces specific provisions for organized crime, including life imprisonment or death penalty. |
| Mob Lynching | No separate law; addressed under murder/rioting provisions | Section 103: Life imprisonment or death penalty for mob lynching |
| Hit-and-Run Cases | Covered under Section 304A (Causing death by negligence – max 2 years). | Section 104: Punishment increased to 10 years imprisonment and a fine of ₹7 lakhs. |
| Gang Rape of a Minor (Below 18 Years) | Section 376DA: Minimum 20 years to life imprisonment | Section 63: Death penalty for gang rape of a minor below 18 years. |
| Rape of a Woman | Section376: Minimum7 years to life imprisonment | Section 63: Minimum 10 years to life imprisonment |
| Snatching/Theft | Section 378: General punishment for theft. | Section 302: Defines snatching separately with stricter punishment (3-7years imprisonment). |
| Death Penalty for Heinous Crimes | Allowed in rarest of rare cases. | Expanded scope for death penalty in cases like gang rape of a minor and mob lynching. |
| Community Service as Punishment | Not included in IPC | Introduced in BNS for six minor offenses like petty theft, public nuisance, etc. |
| Attempt to Commit Suicide | Section 309: Criminalized attempt to commit suicide. | Removed: No longer a criminal offense |
| Counterfeit Currency | Section 489A-489E: Covered counterfeiting currency. | Section 233: Strengthened penalties, including life imprisonment |
| Terror Funding | No specific section in IPC | Section 114: Introduces stringent provisions for financing terrorism. |
| Cheating in Examinations | No specific section in IPC. . | Section 316: Up to 10 years imprisonment and ₹1 lakh fine for cheating in public exams. |
| Hate Speech | No clear definition; handled under multiple sections like 153A, 295A. | . Section 153: Explicitly defines and punishes hate speech and incitement to violence. |
| Chain snatching | No separate provision in IPC; included under theft. | Section 302: Recognized separately with harsher punishment. |
CONCLUSION
In conclusion, the Bharatiya Nyaya Sanhita (BNS) represents a major overhaul of India’s criminal law framework. By introducing new offenses, increasing punishments, and streamlining procedures, the BNS aims to provide a more robust and effective framework for dealing with crimes and offenses. As the BNS becomes the new benchmark for India’s criminal justice system, it’s essential to stay up-to-date with the latest developments and implications of this new code.
REFERENCES
- https://www.azbpartners.com/bank/overview-of-the-bharatiya-nyaya-sanhita-2023-penal-code/
- https://testbook.com/ias-preparation/indian-penal-code-ipc
