Key Points at a Glance

The Bharatiya Nyaya Sanhita 2023 (BNS) received Presidential assent on 25 December 2023 and came into force for most provisions on 1 July 2024, replacing the Indian Penal Code 1860 (IPC) and ending 164 years of colonial criminal law; all IPC offences now have BNS equivalents, though the special hit-and-run clause in BNS Section 106(2) was kept out of the 1 July 2024 commencement. India Code records the BNS as Act Number 45 under the Ministry of Home Affairs.

BNS has 358 sections (IPC had 511 sections); the reduction is due to restructuring and consolidation, not substantive decriminalisation; the BNS added new offences and modified several others while removing some obsolete provisions.

Murder, which was IPC Section 302, is now BNS Section 103 for punishment for murder; the definition of murder remains in BNS Section 101, corresponding to IPC Section 300. Punishment: death or imprisonment for life plus fine.

Rape, which was IPC Section 375/376, is now primarily BNS Sections 63/64; a major addition is the specific treatment of gang rape of a woman under 18 under BNS Section 70(2), which attracts punishment of death or imprisonment for life for the remainder of natural life. The marital rape exception under BNS S.63 Exception 2 applies where the wife is not under 18; this aligns the statutory text with the post-Independent Thought age threshold, though the continued exception remains controversial.

Organised crime is a new standalone offence under BNS Section 111; previously there was no IPC equivalent, and organised crime was handled mainly through state MCOCA-type laws or special statutes such as UAPA where applicable. This section covers continuing unlawful activity by any organised crime syndicate, including a gang of two or more persons, using violence, threat, intimidation, coercion, or other unlawful means for material or financial benefit.

Terrorism offences are now included in BNS Section 113; previously IPC had no terrorism section and such offences were charged under UAPA only. BNS creates a direct link between the criminal code and terrorism by covering acts that threaten the unity, integrity, sovereignty, security, or economic security of India, or strike terror in people in India or in any foreign country.

Hit-and-run under BNS Section 106(2) creates an aggravated provision punishing drivers who cause death by rash or negligent driving and escape without reporting to a police officer or magistrate - up to 10 years' imprisonment and fine. Section 106(1) (death by rash or negligent act) corresponds to old IPC Section 304A and now carries a maximum of 5 years, but Section 106(2) was not brought into force on 1 July 2024.

Sedition - IPC Section 124A - is not retained in BNS. It is replaced by BNS Section 152, which criminalises acts that endanger the sovereignty, unity, and integrity of India or encourage secession, armed rebellion, subversive activities, or separatist activities - broader but differently worded to remove the colonial-era "sedition" label.

Death by organised crime / mafia: Under BNS Section 111(2)(a), organised crime resulting in death attracts the death penalty or imprisonment for life plus a fine of not less than ten lakh rupees - a significant upgrade from the IPC framework, which had no standalone organised-crime offence. This targets organised criminal syndicates operating across multiple states.

Community service as punishment is introduced for the first time in Indian criminal law under BNS Section 4 and is applied to selected petty offences through specific offence provisions such as first-time low-value theft, defamation, public intoxication, and certain public-servant omissions. It replaces short jail terms for minor crimes with socially productive alternatives.

Dacoity, which was IPC Section 391 for definition and IPC Section 395 for punishment, is now BNS Section 310; the definition is unchanged - robbery committed or attempted by five or more persons acting conjointly. Punishment: imprisonment for life, or rigorous imprisonment up to ten years, and fine. Robbery was IPC 390/392 and is now BNS Section 309.

Petty organised crime under BNS Section 112 is a new offence targeting theft, snatching, cheating, unauthorised ticket selling, unauthorised betting or gambling, selling public examination question papers, and similar organised criminal acts. Its explanation includes trick theft, theft from vehicles, dwelling houses or business premises, cargo theft, pickpocketing, card skimming, shoplifting, and theft of Automated Teller Machines; punishment is imprisonment from one year to seven years plus fine.