‘Community service’ as punishment for 6 offences: Key points of Bharatiya Nyaya Sanhita which will replace IPC
New Delhi, December 20
Following are the key points of the Bharatiya Nyaya (Second) Sanhita, which was passed by the Lok Sabha on Wednesday and seeks to replace the Indian Penal Code (IPC) of 1860.
* Twenty new offences have been added in the Bharatiya Nyaya Sanhita (BNS)
* Nineteen provisions that existed in IPC have been deleted
* In 33 offences the punishment of imprisonment has been increased
* In 83 offences the punishment of fine has been enhanced
* In 23 offences the mandatory minimum punishment has been introduced
* In six offences the punishment of ‘community service’ has been introduced
Major Changes:
* Definition of child is introduced
* Transgender is included in the definition of ‘gender’
* Electronic and digital records are included in the definition of document
* The definition of ‘movable property’ is widened to include property of every description
* New chapter on offence against woman and child is introduced
* New chapter on ‘inchoate offences’ (attempt, abetment and conspiracy) is introduced
* New offences like organised crime, terrorist act, petty organised crime, hit and run, mob lynching, hiring child to commit offence, sexual exploitation of woman by deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity and unity of India, publication of false or fake news etc. have been introduced
* Attempt to commit suicide is deleted
* Beggary has been introduced as a form of exploitation for trafficking
* In the definition of grievous hurt the number of days has been reduced from 20 days to 15 days
* Community service is provided as a punishment for theft of less than Rs 5,000
* Reorganisation of offences are made wherein similar provisions have been clubbed together.
Minor Changes:
* At nine places the archaic expressions like ‘lunatic’, ‘insane’ and ‘idiot’ have been done away with
* Colonial remnants like ‘British calendar’, ‘Queen’, ‘British India, ‘justice of the peace’ have been deleted.
* In 44 places ‘Court of Justice’ has been replaced with ‘Court’
* Uniformity has been brought in use of expression ‘child’ throughout the BNS
* Contemporary style of drafting has been used
* At 12 places ‘denotes’ has been replaced with ‘means’ and ‘that is to say’ is replaced with ‘namely’ at three places.
