This Article is written by Himanshi Bansal of Lloyd Law College[Chaudhary Charan Singh University], an intern under Legal Vidhiya.
ABSTRACT
In today’s modern era, the stages and severity of crimes are rapidly increasing, creating a threat to life. To control these crimes, the government has taken steps, but over time, instead of decreasing the number of crimes, there has been a surge. Therefore, some harsh measures should be adopted; one such measure could be strengthening punishment laws. To fulfill this need, a proper codified law is necessary to serve this purpose. To meet these needs, there were some new codified laws were introduced by the Indian government. The new statues are
Bharatiya Nyaya Sanhita (BNS), 2023
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Bharatiya Sakshya Adhiniyam (BSA), 2023
The new Indian criminal law, BNS2023, shall be focused.
KEYWORDS
BNS, IPC, Impact, Political stunt, LGBTQ community, provision, Sovereignty, Integrity
INTRODUCTION
The particular draft aims to provide a detailed yet crisp knowledge of BNS [Bhartiya Nyaya Sanhita]. The draft would also briefly cover sedition and speech laws.
What is Bhartiya Nyaya Sanhita [BNS]?
[BNS] It is new to Indian criminal law that was introduced in the year 2023 and was enforced in the year 2024 [1st July 2024]. The introduction of the Bhartiya Nyaya Sanhita replaced the laws of the colonial era. The colonial era has made the law follow ever since the British era. The colonial era made law, is [IPC] Indian Penal Code 1860, was followed till 2024.
Sedition
It can be understood as an act that may encourage or influence the masses to disobey the ruling government, or go against the ruling government, and could also violate law and order to create chaos, which would lead to violence, unrest in the masses, or public disorder.
Speech Laws
Speech laws can be divided into two 2 categories
- Right to freedom of speech and expression, Article 19
- Hate speech – it can be seen as any speech that promotes hatred, enmity, trolls, or insults beliefs, practices, etc.
HISTORICAL CONTEXT
The BNS [Bhatiya Nyaya Sanhita], before being enforced, there was another law that was being followed. The law that was being followed was the Indian Penal Code [IPC] 1860, which was introduced by the British in the Colonial era.
IPC was drafted by the first law commission of India, which was established under the chairmanship of Mr. Thomas Babington Macaulay in 1834. It came into effect on 1st January 1862 during the British rule.
The time duration between drafting and enforcement is often blamed on the Indian Revolt of 1857, as the drafting was almost done by 1856.
IPC was introduced during the British rule in India, but even before the arrival of the British, there were certain laws followed in India. Before the arrival of the Britishers, there were Islamic laws followed in India, as for decades India was being ruled by the Mughals. If tracing even back then, traces of Hindu laws such as Arthshastra, Manusmiriti, or they were guided by the religious texts such as the Vedas.
Although the statue had been flourishing and functioning for more than 150 years. It also showcases how the statute has covered every aspect that, for years, there was no requirement for new laws.
Despite these many functions, it was required to be amended so that it could meet the requirements of time, as the country was developing and exploring many fields. Therefore, a country like India requires some new laws which could help to maintain peace, law, and order. There are more than 70 amendments made to the statute.
Indian Penal Code[1]
The Indian Penal Code, the first written and codified criminal law of India introduced by the Britishers. The IPC has been subdivided into 23 chapters and has 511 sections.
It covers various areas, ranging from different aspects. It works upon the criminal context in a larger category. Below are some examples listed:
Chapter VA – Section 120A to 120B
Criminal Conspiracy is looked upon.
Chapter XV – Section 295 to 298
Offence relating to religion
Chapter XX – Section 493 to 498
Offence relating to marriage
Chapter XXA – Section 498A
Cruelty by husband or relatives of husband
BNS [ Bhartiya Nyaya Sanhita]
In this section, BNS will be understood in detail.
What is BNS?
Bhartiya Nyaya Sanhita [BNS] 2023, a new criminal law introduced in India, has replaced the IPC 1860, made by the British Government.
The Ministry of Home Affairs, Government of India, introduced BNS, which came into effect on July 1st, 2024, and was passed by the Indian Parliament.
The introduction of BNS has brought many new changes in the Criminal Law of India. The BNS has given protection to many acts which were not covered under the ambit of the IPC 1860. It has transformed many acts into offences or crimes which should have been seen as crimes but were often neglected or remain unspoken of.
Therefore, the umbrella of BNS is a shield provider that works for the benefit of Indian citizens, safeguarding them from being a victim, and yet not being treated as one. The BNS is seen as a safeguard provider trying to create a lawful atmosphere.
Drafting of BNS
BNS was drafted by a committee constituted by the Ministry of Home Affairs in 2020, headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi.
Details of the committee
The Ministry of Home Affairs formed the committee to review the criminal law followed in India even before independence.
The committee was headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of NLU, Delhi.
NEED OF BNS
Is it even required, or a political stunt?
Yes, the fact that BNS is very much required according to the needs of developing India cannot be denied in any situation, as it covers various new-age crimes which were not covered in the IPC 1860.
BNS is also seen as a law made by the independent India for itself. The IPC, the law practiced earlier, was made by the colonizers for colonial India as per the needs of the time. Therefore, the need and relevance of BNS are clear as it is made to support the current time and also to facilitate the needs of the digital India.
BNS, in comparison to IPC 1860, is much simpler, making it easier to understand for a common man who hasn’t studied law. The new codification of acts and their definitions gives it space to cover every area of crime in detail. This also specifically covers each offensive act and guides for punishment in detail.
BNS is also required because of the serious topic which has been covered in it, making it more relevant, such as mob lynching, hate speech, hit and run, etc, are covered in more detail, making it easier.
BNS is also needed for modern India, as issues related to the pronunciation of the gender of people are rising, and, from this perspective, BNS is a real requirement of modern times, as the language used in it is more accessible and gender sensitive, supporting the need for the LGBTQ community.
The need for BNS can also be understood as it has either removed or updated the outdated provisions of IPC 1860, as time has demanded updating some provisions, since they were not serving or functioning according to their assigned roles, or were misused by the masses for personal benefit.
The requirement of BNS can be understood as it plays a vital role by being victim-centric, as it emphasizes the rights of the victim. It has new provisions for crimes against women and children, some of which are mentioned below;
- Section 70(2) of BNS
It covers Gang rape of a minor (under 18) and punishments related to it are made stronger than previous punishment.
- Section 69 (2) of BNS
Sexual exploitation on the false promise of marriage. Priorly it was dealt under the general rape laws.
Is it a political stunt
According to critics, the introduction of BNS is more than a need, a political stunt; some of these points are listed below:
Name – The critics emphasized the name of the statute, Bharatiya, saying that it was done to gain fame, as it was going to break the colonial chain.
Dominance – The critics have an opinion that there were fewer meetings and discussions, and there were not many reviews taken.
Timings – The timings of the introduction of BNS 2023 and the election were timed together, so it was highlighted by the critics.
Hence, it can be pointed out that it may or may not be a political stunt, but the fact that it was much needed cannot be denied, even if some provisions or clauses were taken as the same or were updated, so saying that it was a political stunt can partially be right.
BNS CHAPTERS
As previously discussed, there are 20 chapters in BNS, which in detail cover the whole of the criminal law in India, some of which are mentioned below:
BNS chapter I
Preliminary
Section 1 – Short title, commencement and applications
Section 2 – Definitions
Section 3 – General explanations
BNS chapter V
BNS Chapter 5 as a whole talk about the offences against women and children, covering a wide range. The scope doesn’t limit to here; it further covers protections that they can seek. Punishments in the act are made stronger and more effective than IPC 1860, such as punishments related to miscarriage, death by negligence, etc, are covered with severe punishment and also with provisions of speedy justice.
BNS chapter VI
Offences affecting the human body
Section 100 – Culpable homicide
Section 101 – Murder
Section 103 – Punishment for murder
Section 108 – Attempt to suicide
Section 128 – Force
Section 129 – Criminal force
Section 130 – Assault
Section 137 – Kidnapping
Section 138 – abduction
BNS chapter XI
Offences against the public tranquillity.
Section 195 – Assaulting or obstructing public servant when suppressing riots
BNS chapter XVI
Offences relating to religion
Section 300 – Disturbing religious assembly
Section 301 – trespassing on burial places
BNS chapter XVII
Offence against property
Section 303 – Theft
Section 304 – Snatching
Section 316 – Criminal breach of trust
Section 317 – Stolen property
- BNS chapter XX
- Section 358 – Repeals and savings
SEDITION
Sedition refers to an act conducted by an individual or group of individuals that may create undue influence on the masses and lead them to disobey the government, violate rules, go against the law, and create a chaotic situation resulting in violence or public disorder.
According to IPC 1860, Section 124[2]
Sedition refers to any derogatory act that can be written, spoken, signs, or visual representation bringing hatred, creating a sense of disloyalty among citizens, or a feeling of enmity towards the Indian government that is established by the law of India.
Punishment for this particular act is mentioned as – the guilty shall be punished with life imprisonment and fine, or fine with imprisonment of three (3) years.
The above-stated phrases don’t mean that the act of government cannot be criticized or discussed negatively in public; they mean that the actions of the individual expressing their negative opinion shouldn’t be an attempt to spread hatred or disloyalty. If the act doesn’t intend to do this, then it doesn’t amount to the offence of sedition.
Sedition according to BNS 2023[3]
According to chapter VII – Offences against state
Section 152 – Act endangering sovereignty, unity, and integrity of India
As per the mentioned section, anyone who knowingly makes attempts by words written or spoken, by signs, visual representation, electronic communication, by financial means, or any other act such as armed rebellion endangering the integrity of India shall be counted as a punishable offence.
Punishment according to BNS 2023,
According to the statute, the guilty shall be liable for fines, life imprisonment, or up to seven (7) years if required.
The act strictly prohibits any kind of separatist activist who may harm the integrity or peace, but this doesn’t mean that the disagreement cannot be shown, one can present their rejection but should take care that the environment of peace shall be maintained and any such thought which can create state of violence shall be rejected.
This proves how serious the offence is and the amount of importance it holds for the Indian state that even after the formation of a new criminal law, the punishable offence remains mentioned and is updated in the form of a definition as well as punishment.
IMPACT
BNS has created a serious impact on the act, as before the introduction of BNS 2023, the act in IPC 1860 was mentioned as Sedition, but later with the introduction of the new Statute, the name of the offensive act has been changed.
- Change of name
The term ‘Sedition’, which is mentioned in the IPC 1860, has now been changed to
‘Acts endangering sovereignty, unity, and integrity of India’.
The terminological shift reflects the attempt made by the Indian government to shed the colonial legacy, and attention can be drawn to national security by facilitating the modern needs of the state.
- Change in punishment laws
The introduction of BNS has also evolved the punishment laws in the Indian criminal law. The tenure of punishment is increased from 3 years to 7 years with a fine.
- Scope
The BNS section 152 is more focused on the real threat to the sovereignty and integrity of the state, rather than actions that would criticize any act of the government. Emphasis on issues like secessionist, terrorist, or anti-national violent activities would be given.
- Terminology
There are certain more terms added to section 150 of BNS 2023, helping it cover a wider range rather than being limited to certain areas only. The addition of phrases such as ‘use of financial means or electronic communication, this addition made by the drafting committee, would also help trace down the criminal act not only on paper but also digitally, following the modern times’ need.
- Symbolical impact
The IPC 1860, made by the British to control the then Colonial India, has memories of being a slave; therefore, the introduction of BNS has made it a symbolic action because now the state of India would be governed by the law made by the independent India.
HATE SPEECH
Hate speech refers to offensive discourse targeting a group or an individual based on inherent characteristics, and that may threaten social peace.[4].
In general, hate speech refers to the use of any kind of derogatory term spoken or written with the intent to insult, troll, or assault an individual.
Hate speech can be given in any context, such as derogatory terms to insult the religion, belief, practices, cast, gender, or sex.
Speech can generally be understood as motivating or demotivating, as
Motivating – speech using positive phrases.
Demotivating – speech using negative phrases.
Not every encouraging/motivating speech is right, as encouragement can be given for the wrong things, too. People can be motivated by the undue influence of people who are not working or thinking in favour of the country.
The current ongoing language war is also considered a part of hate speech, as hatred for language is created, and the side effects are seen where not speaking in the native language makes a big issue, and life threats are often involved in these situations, as battery is often observed.
In the context of India, there are no specific laws concerning hate speech, but certainly, there are some provisions concerning protection from hate speech.
Provisions in IPC 1860
Section 153A IPC
Section 295A IPC
Section 505 IPC
Provision in BNS 2023
BNS Section 194 – Affray
BNS Section 197 – Imputations, assertions prejudicial to national integration
BNS Section 198 – Public servant disobeying law, with intent to cause injury to any person
Although there is a need for special provisions for hate speech but with the availability of some other provisions, it’s balanced and hence cases related same are dealt with. It is a punishable offence in both statutes.
IMPACT
The impact of BNS on hate speech is much needed in the new age, as in BNS, the digital media section is covered. In the new statute, there is much more clarity on online hate, and the use of modern terminology makes it more accessible and creates space for legislation to work and protect the victims from being harassed.
BNS’s impact on hate speech can be seen on all digital media platforms where hate speech or related propaganda were spread are all now under the control of the Indian government, and breaking the same shall result in punishments.
Although there are negatives to the same as masses could misuse the same for their benefit by spreading false narratives. No specific definitions make it ambiguous, as interpretations are self-made and could vary person to person.
CONCLUSION
BNS is not only the criminal law drafted by the independent citizens of India, but also is drafted with an understanding of the needs, values, and beliefs of the Indian society.
Hence, to conclude, it can be marked that BNS is not only a way to express the breaking of old colonial rule but also is a need of time as the IPC was drafted in the year 1860, whereas the new society required new laws or if not new law it needed to be revised or updated to meet the current scenario, such as addition of the electronic platforms the digital world as crime in the cyber sector are increasing. It also worked as a beneficial factor in the introduction, making the language used in it easier to understand, helping in understanding the law.
BNS has created a huge impact on the criminal laws and punishment in India as many offences didn’t had specific provision which in certain cases were required such as the provision of gang rape of a minor girl didn’t had separate provision in IPC 1860 but in the new Indian criminal law there are specific provisions and strict punishments to prevent these crimes and create peace in the society.
[1] India Code, https://www.indiacode.nic.in/repealedfileopen?rfilename=A1860-45.pdf (last visited July 9, 2025)
[2] https://devgan.in/ipc/chapter_06.php#s124A (last visited July 10, 2025)
[3] India Code, https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_5_23_00048_2023-45_1719292564123§ionId=90517§ionno=152&orderno=152&orgactid=AC_CEN_5_23_00048_2023-45_1719292564123 (last visited July 10, 2025)
[4] https://www.un.org/en/hate-speech/understanding-hate-speech/what-is-hate-speech#:~:text=Hate%20speech%20calls%20out%20real,sexual%20orientation%2C%20among%20many%20others. (last visited July 10, 2025)
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