homeindia NewsBharatiya Nyaya Sanhita comes into effect from July 1: All you need to know

Bharatiya Nyaya Sanhita comes into effect from July 1: All you need to know

The three new laws got the Parliament's nod on December 21 last year, while President Droupadi Murmu gave her assent on December 25.

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By CNBCTV18.com Feb 24, 2024 7:18:09 PM IST (Published)

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Bharatiya Nyaya Sanhita comes into effect from July 1: All you need to know
The Narendra Modi-led government on Saturday said that the newly enacted criminal laws -- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam -- to completely overhaul India's criminal justice system will come into effect from July 1. The three laws got the Parliament's nod on December 21 last year, while President Droupadi Murmu gave her assent on December 25.

These laws will replace the colonial-era Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act of 1872 respectively.
However, the Centre said that the provision related to hit-and-run cases by vehicle drivers will not be implemented immediately.
“In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the Central Government hereby appoints July 1, 2024, as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force," read a gazette notification.
Last month, several transporters' associations around the country staged a protest against a few provisions under the new code, which stated that a person who causes the death of another person by rash and negligent driving and runs away from the accident spot will be jailed for a period up to 10 years and/or fined. However, the government assured that a decision on enforcing stringent provisions in such cases shall only be taken after prior consultations with the All India Motor Transport Congress (AIMTC).
The Bharatiya Nyaya (Second) Sanhita has brought in several changes to the Indian Penal Code of 1860. Here's a look at some of them:
  1. There are 20 new offences added to the Bharatiya Nyaya Sanhita (BNS), while 19 provisions that existed in the IPC have been removed. The imprisonment in 33 offences has been increased.
  2. The government has enhanced the punishment of fines in 83 offences. Further, mandatory minimum punishment has been introduced in 23 offences and six offences, the punishment of 'community service' has been introduced.
  3. Among major changes in the Bharatiya Nyaya Sanhita, the definition of the child has been introduced and transgender has been included in the definition of 'gender'.
  4. Moreover, the government has included electronic and digital records in the definition of documents.
  5. The new law widens the definition of 'movable property' to include property of every description.
  6. There is an introduction to a new chapter on offences against women and children. In addition, there is also the inclusion of a new chapter on 'inchoate offences' (attempt, abetment and conspiracy).
  7. Further, it introduces new offences like organised crime, terrorist acts, mob lynching, petty organised crime, snatching, abetment outside India, acts endangering the sovereignty, hiring a child to commit the offence, sexual exploitation of woman by deceitful means, integrity and unity of India, publication of false or fake news among others, PTI reported.
  8. Attempt to commit suicide has been deleted from IPC in the new law, while beggary has been introduced as a form of exploitation for trafficking.
  9. For the definition of grievous hurt, the number of days has been reduced from 20 to 15.
  10. Under the new law, community service is provided as a punishment for theft of ₹5,000 or less. Also, certain offences have been reorganised, wherein similar provisions have been clubbed together.
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