What's New

BHARATIYA NYAYA SANHITA BILL, 2023

New Offences Introduced:

Promise to Marry:

• Criminalizes deceitful promises to marry, including consensual sexual activity.
• Covers false promises of employment or promotion, inducing marriage after suppressing identity.

Mob Lynching:

• Codifies offences that are linked to mob lynching and hate-crime murders.
• Applies when a mob of five or more individuals commits murder based on factors like race, caste, or personal belief.

Organised Crime:

• Tackles organised crime within ordinary criminal law.
• Distinguishes punishment based on whether death is caused by the offence.

Terrorism:

• Incorporates terrorism into ordinary criminal law.
• Adopts language from the Unlawful Activities Prevention Act but with broader definitions for terror financing.

Attempt to Suicide:

• Criminalizes attempting suicide to compel or restrain a public servant from discharging official duty.
• Prescribes jail term and community service.

Source: HT

Deletions:

Unnatural Sexual Offences:

Section 377, criminalizing homosexuality, repealed.

Adultery:

Offence of adultery, previously struck down by the Supreme Court, omitted.

Thugs:

Section 310, associating certain individuals as “thugs,” fully omitted.

Gender Neutrality:

• Tweaks various laws, especially concerning children, for gender neutrality.
• Offences related to procuration and kidnapping were standardized irrespective of gender.

Other Tweaks:

1. Fake News:Introduces a provision criminalizing the publication of false and misleading information.
2. Sedition: Reintroduces sedition under a new name, widening the definition to include aiding subversive activities.
3. Mandatory Minimum Sentences:

• Prescribes mandatory minimum sentences in various provisions, limiting judicial discretion.
• Graded fines for offences related to causing damage to public property.

This bill reflects substantial changes, addressing emerging issues and altering existing legal frameworks.