Recent Amendments to Criminal Laws in India

Criminal laws in India 

Indian Penal Code (IPC) changed to BNS (Bhartiya Nyaya Sanhita). A total of 358 sections. Criminal Procedure Code (CrPc) changed to BNSS (Bhartiya Nagarik Suraksha Sanhita). A total of 531 sections. Indian Evidence Act IEA changed to BSA (Bhartiya Sakshya Act).

What are the new amended criminal laws in July 2024? 

1. Bhartiya Nyaya Sanhita
2. Bhartiya Nagarik Suraksha Sanhita
3. Bhartiya Sakshya Act

Important Bhartiya Nyaya Sanhita (BNS)

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2 BNS: Various Definitions

• Subsection 6 of 2 BNS: Death
• Subsection 14 of 2 BNS: Injury
• Subsection 17 of 2 BNS: Life

20 – 24 BNS: Criminal Responsibility (Based on Age, Mental Illness and Intoxication)

• 20 BNS: Child < 7years, not responsible
• 21 BNS: 7 – 12 years, +/- responsibility, court decision
• 22 BNS: Criminal responsibility of mentally ill (McNaughten's).
• 23 BNS: Involuntary intoxication—not responsible
• 24 BNS: Voluntary intoxication- responsible

25 – 30 BNS: Consent 

• 25 BNS: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
• 26 BNS: Act not intended to cause death, done in good faith for the person's benefit by consent (e.g., surgeon doing risky surgery with consent)
• 27 BNS: Act in good faith for a person < 12 years of age or mentally ill by consent of the guardian.
• 28 BNS: Consent under fear, misconception, < 12 years, mentally unsound, intoxication not valid.
• 29 BNS: Consent for acts which are offenses is not valid (e.g., criminal abortion)
• 30 BNS: Act done in good faith for the benefit of a person “without consent” in an emergency.

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63 – 79 BNS: Sexual Offences

• 63 BNS: Def. of Rape: Minimum age of girl for consent for sex: 18 years
• 64 BNS: Punishment for rape (10 years to life)
• 65 BNS: Punishment for rape in certain cases
  • Less than 16 years of girl (20 years to life)
  • Less than 12 years of girl (20 years to death)
• 66 BNS: Causing death/vegetative state of the victim while committing rape (20 years-death)
• 67 BNS: Sex by husband during separation (2–7 years)
• 68BNS: Sex by person in authority (5-10 years)
• 69 BNS: Sex by using deceitful means, e.g., falls promise of marriage (up to 10 years)
• 70 BNS: Gang rape
  • > 18 years (20 years - life)
  • < 18 years (life imprisonment - death)
• 71 BNS: Repeat offender (life imprisonment - death)
• 72 BNS: Disclosure of identity of rape victim (up to 2 years)
• 73 BNS: Publishing any matter related to court proceedings (up to 2 years)
• 74 BNS: Sexual assault by criminal force (1–5 years)
• 75 BNS: Sexual harassment
  • Physical contact / request for sexual favors/showing pornography (up to 3 years)
  • Sexually colored remarks (up to 1 year)
• 76 BNS: Removal of clothes of woman (3 – 7 years)
• 77 BNS: Voyeurism
  • 1st  offense (1- 3 years)
  • 2nd offence (3 – 7 years)
• 78 BNS: Stalking
  • 1st offence (up to 3 years)
  • 2nd offence (up to 5 years)
• 79 BNS: Word, gesture, or act intended to insult the modesty of a woman (up to 3 years)

Also read: Indian Penal Code(IPC) Sections

80-87 BNS: Offences Related to Marriage

• 80 BNS: Dowry death. It is the death of women within 7 years of marriage (7 years to life)
• 85 BNS: Women subjected to cruelty by husband or in-laws (Up to 3 years)

88-92 BNS: Criminal Abortion

• 88 BNS: Criminal abortion with mother's consent
• 89 BNS: Abortion without mother's consent
• 90 BNS: Death of mother due to abortion
• 91 BNS: Act done with intent to prevent the child from being born alive or to cause the child to die after birth
• 92 BNS: Causing the death of a quick unborn child by an act amounting to culpable homicide, e.g., hitting abdomen

93-99 BNS: Offences Against Children

• 93 BNS: Child<12 years abandoned by parents
• 94 BNS: Newborn death concealment

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100-113 BNS: Offences Affecting Life (Murder, Suicide, etc)

• 100 BNS: Definition of culpable homicide
• 101 BNS: Definition of murder
• 103 BNS: Punishment for murder
• 105 BNS: Punishment for culpable homicide not amounting to murder
• 106 BNS: Death due to negligence (Punishment up to 5 years; but for medical negligence up to 2 years)
• 107, 108 BNS: Abetment of suicide
• 109 BNS: Attempt to murder
• 110 BNS: Attempt to culpable homicide

114-125 BNS: Hurt, Grievous Hurt

• 114 BNS: Definition of hurt
• 115 BNS: “Voluntarily “causing hurt
• 116 BNS: Definition of grievous heart
• 117 BNS: “Voluntarily” causing grievous hurt
• 118 BNS: Hurt or grievous hurt by “Dangerous weapon”
• 122 BNS: Hurt or grievous hurt on “Provocation”
• 123 BNS: Hurt by “Poison”
• 124 BNS: Grievous hurt by acid (throwing or administering, etc.

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128-136 BNS: Criminal Force and Assault

• 129 BNS: Defines criminal force
• 130 BNS: Defines assault (attempt or threat to use criminal force)

227-246 BNS: False evidence

• 227 BNS: Perjury definition (giving false evidence)
• 228 BNS: Fabricating false evidence
• 229 BNS: Punishment for perjury (false evidence: up to 7 years)
• 234 BNS: Issuing false certificate
• 238 BNS: Disappearance of evidence of offence
• 296 BNS: Obscene acts (exhibitionism)

Important BNS

• 2 BNSS: Various definitions (including definitions of various types of offences, like bailable, cognizable, warrant case, summon case, etc.).
• 33 BNSS: Crime information to police
• 51 BNSS: Med. Exam of arrested person of any offence (forceful examination allowed)
• 52 BNSS: Med. Exam of arrested person accused of rape (forceful examination allowed)
• 63-71 BNSS: Summons
• 184 BNSS: Medical examination of victim of rape
• 194 BNSS: Police Inquest
• 196 BNSS: Magistrate Inquest

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