The transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS) signifies a robust enhancement in punishments for various offences, reflecting a stricter stance on crime and a commitment to safeguarding vulnerable groups.
Enhanced penalties for crimes such as trafficking minors, murder, culpable homicide, causing grievous hurt, and exploiting children for begging aim to deter severe criminal behaviour.
Additionally, the inclusion of specific provisions for mob lynching, negligent driving causing death, and group assaults based on discrimination addresses contemporary social issues more comprehensively.
The increased punishments for cruelty to animals, house trespass, and forgery-related crimes further emphasize the focus on ensuring justice and security for individuals and their property. Collectively, these changes are designed to promote a safer, more just society by deterring criminal activities through more stringent legal consequences.
These changes indicate a move towards a more stringent and comprehensive approach to criminal justice, with a focus on ensuring safety, justice, and social harmony.
OFFENCES WITH ENHANCED PUNISHMENTS:
IPC S. 373, Buying minor for purposes of prostitution, etc.— Whoever buys, hires or otherwise obtains possession of any [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNS S. 99, Buying child for purposes of prostitution, etc.
Whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.
Punishment for murder.—
IPC S. 302: Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
BNS S.103: Same as before. Additionally includes punishment for mob lynching in 103(2) as-
When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.
Punishment for culpable homicide not amounting to murder.—
1. If the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death-
IPC S. 304: imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine
BNS S.105: imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine
2. If the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death-
IPC S. 304: With imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
BNS S. 105: With imprisonment of either description for a term which may extend to ten years and with fine.
Causing death by Negligence.—
IPC S. 304: Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNS S. 106: Imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
BNS S. 106(2) {newly added}: Punishment for causing death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escaping without reporting it to a police officer or a Magistrate soon after the incident- Imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
Punishment for voluntarily causing grievous hurt.—
BNS S. 117(3) {newly added}: Punishment for person who commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state- Rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
S. 117(4) {newly added}: Punishment for a group of five or more persons acting in concert, causing grievous hurt on ground or race, caste or community, sex, place of birth, language, personal belief or any other similar ground- Each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Kidnapping or maiming a minor for purposes of begging.—
Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging
IPC S. 363A (1): Punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNS S. 139 (1): Punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
– {Reduction in punishment} Whoever maims any child in order that such child may be employed or used for the purposes of begging
IPC S. 363A (2): Punishable with imprisonment for life, and shall also be liable to fine.
BNS S. 139 (2): Punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.
Sedition (IPC)/ Act endangering sovereignty, unity and integrity of India (BNS).—
IPC S. 124A: Punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
BNS S. 152: Punishable with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.
Mischief by killing or maiming animal.—
IPC S. 428: Punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNS S. 325: Punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
House trespass in order to commit offence punishable with imprisonment.—
IPC S. 451: Punishable with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.
BNS S. 331(3): Punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
Lurking house-trespass in order to commit offense punishable with imprisonment.—
IPC S. 454: Punishable with imprisonment of either description for a term which may extend to three years, and shall also
be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
BNS S. 331(4): Punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.—
IPC S. 455: Punishable with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.
BNS S. 331(6): Punishable with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
BNS S. 341: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable u/s 338.—
{Newly added} S. 341(3): Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
S. 341(4): Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument.
Knowing your laws is self empowerment.
Written by Kiran Bedi in association with Prasha Bhatia, law student, and earlier intern with India Vision Foundation.++