IPC-BNS Table PDF

BNS IPC IMPLICATIONS OF REVISION Clause 2 (1): “act” as well a Section 33: The word “act” The definition in section 33 explained series of acts as a single act; denotes as well as series of acts as that the term “act” als...

BNS IPC IMPLICATIONS OF REVISION Clause 2 (1): “act” as well a Section 33: The word “act” The definition in section 33 explained series of acts as a single act; denotes as well as series of acts as that the term “act” also denoted a series a single act [...] of acts. The definition in clause 2(1) of the BNS does not convey the same meaning, and may lead to confusion as to whether an “act” signifies a series of acts. In its current form, the definition has no meaning. Clause 2(4): “Court” means a Section 20: The words “Court of It is not clear why this change was Judge who is empowered by Justice” denote a Judge who is necessitated. Further, due to the change law to act judicially alone, or a empowered by law to act in the definition of “judge” in the BNS, body of Judges, which is judicially alone, or a body of some institutions presided over by quasi- empowered by law to act Judges which is empowered by judicial authorities may no longer be judicially as a body, when law to act judicially as a body, considered “courts of justice”. such Judge or body of Judges when such Judge or body of is acting judicially; Judges is acting judicially. Clause 2 (9): “gender”—the Section 8: The pronoun “he” and While the definition is now more pronoun “he” and its its derivatives are used of any inclusive, it will have no practical derivatives are used of any person, whether male or female. implication unless specific offences person, whether male, female applicable to transgender persons are or transgender. defined/created. For instance, the Justice Explanation.–– “transgender” Verma Committee had recommended shall have the meaning that victims in sexual offences be gender- assigned to it in clause (k) of neutral, with the objective that trans section 2 of the Transgender persons be covered within the definition Persons (Protection of Rights) of rape. That change was neither made in Act, 2019; 2013 when the rape laws were amended, nor has it been made in the BNS. Further, there are no offences relating to specific targeting of trans persons due to their gender identity. This is further exacerbated by the fact that they have historically been one of the most persecuted and criminalised communities in India.  BNS IPC IMPLICATIONS OF REVISION Clause 2(15): “Judge” means a Section 19: The word “Judge” The change proposed by the definition in person who is officially denotes not only every person the BNS appears to exclude quasi- designated as a Judge and who is officially designated as a judicial authorities. This may make the includes a person,––(i) who is Judge, but also every person who defence under section 15, BNS empowered by law to give, in is empowered by law to give, in unavailable to quasi-judicial authorities. any legal proceeding, civil or any legal proceeding, civil or Under the IPC, the defence under section criminal, a definitive criminal, a definitive judgment, 77 was available to quasi-judicial judgment, or a judgment or a judgment which, if not authorities. These provisions save a which, if not appealed against, appealed against, would be Judge from criminal liability when acting would be definitive, or a definitive, or a judgment which, if judicially in exercise of their powers. judgment which, if confirmed confirmed by some other by some other authority, authority, would be definitive, or would be definitive; or (ii) who who is one of a body or persons, is one of a body or persons, which body of persons is which body of persons is empowered by law to give such a empowered by law to give judgment. Illustrations: (a) A such a judgment. Illustration: Collector exercising jurisdiction A Magistrate exercising in a suit under Act 10 of 1859 is a jurisdiction in respect of a Judge. (b) A Magistrate exercising charge on which he has power jurisdiction in respect of a charge to sentence to fine or on which he has power to imprisonment, with or without sentence to fine or imprisonment, appeal, is a Judge; with or without appear, is a Judge. (c) A member of a panchayat which has power, under 4Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge. (d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge. Clause 2(19): “mental illness” No equivalent provision in the This is an error since clause (a) of Section shall have the meaning IPC. 2 of the Mental Healthcare Act, 2017 does assigned to it in clause (a) of not define “mental illness”. The reference section 2 of the Mental ought to be to clause (s) of Section 2, Healthcare Act, 2017; which reads: ‘“mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence’.  BNS IPC IMPLICATIONS OF REVISION Clause 2(21): “movable Section 22: The words “movable The definition of movable property is property” includes property of property” are intended to include now no longer confined to corporeal every description, except land corporeal property of every property. It remains unclear as to and things attached to the description, except land and whether incorporeal property of every earth or permanently fastened things attached to the earth or kind is included with the definition of to anything which is attached permanently fastened to anything movable property. to the earth; which is attached to the earth. Clause 2(23): “oath” includes a Section 51: The word “oath” The implication of this change is similar solemn affirmation substituted includes a solemn affirmation to what is discussed in Clause 2(4) of the by law for an oath, and any substituted by law for an oath, BNS. Oaths taken before quasi-judicial declaration required or and anydeclaration required or authorities may no longer be covered authorised by law to be made authorised by law to be made under this provision. before a public servant or to be before a public servant or to be used for the purpose of proof, used for the purposeof proof, whether in a Court or not; whether in a Court of Justice or not. Clause 2(28)(k) Explanation Section 21: Explanation 3 — The The Explanation appears incomplete. (c): 'election means an election word “election” denotes an for the purpose of selecting election for the purpose of members of any legislative, selecting members of any municipal or other public legislative, municipal or other authority, of whatever public authority, of whatever character, the method of character, the method of selection election to which is by, or to which is by, or under, any law under any law for the time prescribed as by election. being in force Clause 4: The punishments of No equivalent provision in the “Community Service” has been added as which offenders are liable IPC. a possible form of punishment under the under the provisions of this BNS. It remains unclear precisely what Sanhita are:...(f) Community this form of punishment would entail Service and how it would be administered. Clause 6: In calculating Section 57: In calculating fractions Previously, where punishments had to fractions of terms of of terms of punishment, be calculated through fractions of a life punishment, imprisonment for imprisonment for life shall be imprisonment term, such a term would life shall be recokned as reckoned as equivalent to be considered equal to twenty years. The equivalent to imprisonment imprisonment for twenty years. addition of “unless otherwise provided” for twenty years unless empowers the Legislature to specify that otherwise provided. life imprisonment terms can be considered equivalent to more or less than twenty years of imprisonment in certain cases.  BNS IPC IMPLICATIONS OF REVISION Clause 22: Nothing is an Section 84: Nothing is an offence The definition of mental illness in Section offence which is done by a which is done by a person who, at 2(s) of the Mental Healthcare Act, 2017 is person who, at the time of the time of doing it, by reason of both broad, and restrictive. For instance, doing it, by reason of mental unsoundness of mind, is it excludes “mental retardation”, which illness, is incapable of knowing incapable of knowing the nature is defined as a condition of arrested or the nature of the act, or that he of the act, or that he is doing what incomplete development of mind of a is doing what is either wrong is either wrong or contrary to law. person, specially characterised by or contrary to law subnormality of intelligence. Such a person may not have the capacity to form knowledge, and hence get excluded from the benefit of clause 22 of the BNS. On the other hand, the breadth of the definition may also make it overinclusive, i.e. include individuals who would earlier not have got the benefit of section 84, IPC. However, since the test under the new provision remains unchanged, the standards used for its invocation would still apply. Therefore, the stereotypes associated with Sec. 84 of the IPC would continue. Clause 23: Nothing is an Section 85: Nothing is an offence Replacing “provided that” with “unless offence which is done by a which is done by a person who, at that” completely changes the meaning of person who, at the time of the time of doing it, is, by reason the intoxication defence. It makes doing it, is, by reason of of intoxication, incapable of voluntary intoxication a defence. intoxication, incapable of knowing the nature of the act, or knowing the nature of the act, that he is doing what is either or that he is doing what is wrong, or contrary to law; either wrong, or contrary to provided that the thing which law; unless that the thing intoxicated him was administered which intoxicated him was to him without his knowledge or administered to him without against his will. his knowledge or against his will.  BNS IPC IMPLICATIONS OF REVISION Clause 27: Nothing which is Section 89: Nothing which is done As discussed in the context of clause 22, done in good faith for the in good faith for the benefit of a the definition of “mental illness” being benefit of a person under person under twelve years of age, broad, the agency of persons with mental twelve years of age, or of or of unsound mind, by or by illness may be impacted in this case. The person with mental illness, by consent, either express or Mental Healthcare Act, 2017 has a or by consent, either express or implied, of the guardian or other particular mechanism for appointment of implied, of the guardian or person having lawful charge of nominated representatives, which puts other person having lawful that person, is an offence by the agency/capacity of the person with charge of that person, is an reason of any harm which it may mental illness at the forefront. offence by reason of any harm cause, or be intended by the doer which it may cause, or be to cause or be known by the doer intended by the doer to cause to be likely to cause to that or be known by the doer to be person: Provided— Provisos. likely to cause to that person: First.—That this exception shall Provided that this exception not extend to the intentional shall not extend to–– causing of death, or to the (a) the intentional causing of attempting to cause death; death, or to the attempting to Secondly.—That this exception cause death; shall not extend to the doing of (b) the doing of anything anything which the person doing which the person doing it it knows to be likely to cause knows to be likely to cause death, for any purpose other than death, for any purpose other the preventing of death or than the preventing of death or grievous hurt, or the curing of grievous hurt, or the curing of any grievous disease or infirmity; any grievous disease or Thirdly.—That this exception infirmity; shall not extend to the voluntary (c) the voluntary causing of causing of grievous hurt, or to the grievous hurt, or to the attempting to cause grievous attempting to cause grievous hurt, unless it be for the purpose hurt, unless it be for the of preventing death or grievous purpose of preventing death hurt; or the curing of any or grievous hurt, or the curing grievous disease or infirmity; of any grievous disease or Fourthly.—That this exception infirmity; shall not extend to the abetment (d) the abetment of any of any offence, to the committing offence, to the committing of of which offence it would not which offence it would not extend. extend.  BNS IPC IMPLICATIONS OF REVISION Clause 41: The right of private Section 103: The right of private The change from “housebreaking by defence of property extends, defence of property extends, night” to “housebreaking after sunset under the restrictions specified under the restrictions mentioned and before sunrise” appears in section 37, to the voluntary in section 99, to the unnecessary. Without reasons being causing of death or of any voluntarycausing of death or of provided for the change being made, it is other harm to the wrong-doer, any other harm to the wrong- not clear as to why this change is if the offence, the committing doer, if the offence, the required. Mischief by fire has been of which, or the attempting to committing of which, or expanded to additionally include commit which, occasions the theattempting to commit which, mischief caused by explosive substances. exercise of the right, be an occasions the exercise of the right, offence of any of the be an offence of any of the descriptions hereinafter descriptionshereinafter enumerated, namely:—(a) enumerated, namely:—First.— robbery;(b) house-breaking Robbery;Secondly.—House- after sun set and before sun breaking by night;Thirdly.— rise;(c) mischief by fire or any Mischief by fire committed on explosive substance committed any building, tent or vessel, on any building, tent or vessel, which building, tent or vessel is which building, tent or vessel used as a human dwelling or as a is used as a human dwelling, place for the custody of or as a place for the custody of property;Fourthly.—Theft, property;(d) theft, mischief, or mischief or house-trespass, under house-trespass, under such such circumstances as may circumstances as may reasonably cause apprehension reasonably cause that death or grievous hurt will apprehension that death or be the consequence, if such right grievous hurt will be the of private defence is not consequence, if such right of exercised. private defence is not exercised. Clause 48: A person abets an No equivalent provision in the This section expands the jurisdiction of offence within the meaning of IPC. the Act in respect of abetment of offences this Sanhita who, without and to include people who are outside of beyond India, abets the India, but can be linked to the commission of any act in India commission of an offence within India. which would constitute an Such persons can now be proceeded offence if committed in India. against under the Act. Illustration. A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.  BNS IPC IMPLICATIONS OF REVISION Clause 69: Whoever, by No equivalent provision in the This brings in a new offence of deceitful deceitful means or making by IPC. sexual intercourse. The terminology promise to marry to a woman used—“not amounting to rape”—creates without any intention of confusion. This term is used earlier in fulfilling the same, and has Section 376C of the IPC (now clause 68, sexual intercourse with her, BNS) and covers situations where there such sexual intercourse not was consent at the time of sexual amounting to the offence of intercourse, which was not vitiated. rape, shall be punished with Section 376C and 68, BNS are meant to imprisonment of either prohibit sexual relations between people description for a term which of particular relationships. However, in may extend to ten years and this clause, deceit conceptually vitiates shall also be liable to fine. consent; so does breach of promise which Explanation.––– “deceitful involves the accused not having any means” shall include the false intention of going through with the promise of employment or promise. Hence, the meaning of “not promotion, inducement or amounting to rape” is not clear. It could marring after suppressing possibly mean that the offence is not identity. rape, or that if a person is acquitted of rape, they can still be prosecuted and punished under this section. Further, all others sections in this chapter that use the term “sexual intercourse” (such as Clause 67 and 68) define it to mean sexual acts beyond penile-vaginal penetration. Using the term “sexual intercourse” without defining it means that it covers only penile-vaginal penetration. Furthermore, unlike other sections in this chapter, there is no minimum punishment under this section, and the maximum punishment prescribed is 10 years. Clause 70(2): Where a woman Section 376DA: Where a woman Changing the age from 16 years to 18 under eighteen years of age is under sixteen years of age is years expands the scope of the provision raped by one or more persons raped by one or more persons to include those offenders who commit constituting a group or acting constituting a group or acting in gangrape on women between 16 to 18 in furtherance of a common furtherance of a common years of age. Additionally, this offence is intention, each of those intention, each of those persons now punishable with the death penalty. persons shall be deemed to shall be deemed to have This also explains why Section 376 DB have committed the offence of committed the offence of rape (which prescribed the punishment for rape and shall be punished and shall be punished with gangrape of a woman under twelve with imprisonment for life, imprisonment for life, which shall years of age) has now been deleted, as which shall mean mean imprisonment for the the offences under that provision are imprisonment for the remainder of that person's natural now included within the scope of Clause remainder of that person’s life, and with fine: Provided that 70(2). natural life, and with fine, or such fine shall be just and with death:Provided that such reasonable to meet the medical fine shall be just and expenses and rehabilitation of the reasonable to meet the medical victim: Provided further that any  BNS IPC IMPLICATIONS OF REVISION expenses and rehabilitation of fine imposed under this section the victim:Provided further shall be paid to the victimSection that any fine imposed under 376DB: Where a woman under this sub-section shall be paid twelve years of age is raped by to the victim. one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death:Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation ofthe victim: Provided further that any fine imposed under this section shall be paid to the victim. No equivalent provision in the 377. Unnatural offences.— The BNS repeals section 377 of the Indian BNS. Whoever voluntarily has carnal Penal Code. Section 377, to the extent intercourse against the order of that it covered consensual sexual acts nature with any man, woman or was held to be unconstitutional by the animal, shall be punished with Supreme Court in Navtej Johar v. Union of [imprisonment for life], or with India. However, section 377 also covered imprisonment of either cases of forced sexual acts against men, description for a term which may trans persons, and animals. By removing extend to ten years, and shall also section 377 altogether, the BNS no longer be liable to fine. provides legal remedy for non- Explanation.—Penetration is consensual sexual acts against men, trans sufficient to constitute the carnal persons, and animals. A separate section intercourse necessary to the needed to be introduced to cover such offence described in this section. cases. Clause 75: Whoever assaults or Section 354B: Any man who This makes the offence gender neutral uses criminal force to any assaults or uses criminal force to qua the offender. woman or abets such act with any woman or abets such act with the intention of disrobing or the intention of disrobing or compelling her to be naked, compelling her to shall be punished with be naked, shall be punished with imprisonment of either imprisonment of either description for a term which description for a term which shall shall not be less than three not be less than three years but years but which may extend to which may extend to seven years, seven years, and shall also be and shall also be liable to fine. liable to fine. Clause 76: Whoever watches, Section 354C: Any man who This makes the offence of voyeurism or captures the image of a watches, or captures the image of gender neutral qua the offender.  BNS IPC IMPLICATIONS OF REVISION woman engaging in a private a woman engaging in a private act in circumstances where she act in circumstances where she would usually have the would usually have the expectation of not being expectation of not being observed observed either by the either by the perpetrator or by perpetrator or by any other any other person at the behest of person at the behest of the the perpetrator or disseminates perpetrator or disseminates such image shall be punished on such image shall be punished first conviction with on first conviction with imprisonment of either imprisonment of either description for a term which shall description for a term which not be less than one year, but shall not be less than one year, which may extend to three years, but which may extend to three and shall also be liable to fine, years, and shall also be liable and be punished on a second or to fine, and be punished on a subsequent conviction, with second or subsequent imprisonment of either conviction, with imprisonment description for a term which shall of either description for a term not be less than three years, but which shall not be less than which may extend to seven years, three years, but which may and shall also be liable to fine. extend to seven years, and Explanation 1.—For the purpose shall also be liable to of this section, “private act” fine.Explanation 1.—For the includes an act of watching purpose of this section, carried out in a place which, in “private act” includes an act of the circumstances, would watching carried out in a place reasonably be expected to which, in the circumstances, provide privacy and where the would reasonably be expected victim's genitals, posterior or to provide privacy and where breasts are exposed or covered the victim’s genitals, posterior only in underwear; or the victim or breasts are exposed or is using a lavatory; or the victim covered only in underwear; or is doing a sexual act that is not of the victim is using a lavatory; a kind ordinarily done in public. or the victim is doing a sexual Explanation 2.—Where the victim act that is not of a kind consents to the capture of the ordinarily done in images or any act, but not to their public.Explanation 2.—Where dissemination to third persons the victim consents to the and where such image or act is capture of the images or any disseminated, such dissemination act, but not to their shall be considered an offence dissemination to third persons under this section. and where such image or act is disseminated, such dissemination shall be considered an offence under this section. Clause 78: Whoever, intending Section 509: Whoever, intending The insertion of the phrase “in any form” to insult the modesty of any to insult the modesty of any expands the scope of the object indicated. woman, utters any words, woman, utters any words, makes However, without any explanation, it makes any sound or gesture, any sound or gesture, or exhibits  BNS IPC IMPLICATIONS OF REVISION or exhibits any object in any any object, intending that such remains unclear as to why such form, intending that such word or sound shall be heard, or expansion was necessary. word or sound shall be heard, that such gesture or object shall or that such gesture or object be seen, by such woman, or shall be seen, by such woman, intrudes upon the privacy of such or intrudes upon the privacy woman, shall be punished with of such woman, shall be simple imprisonment for a term punished with simple which may extend to three years, imprisonment for a term and also with fine. which may extend to three years, and also with fine. Clause 83: Whoever takes or Section 498: Whoever takes or The deletion of the phrase “from that entices away any woman who entices away any woman who is man, or from any person having the care is and whom he knows or has and whom he knows or has of her on behalf of that man” broadens reason to believe to be the wife reason to believe to be the wife of the scope of the section inasmuch as of any other man, with intent any other man, from that man, or where, or from whom, the woman is that she may have illicit from any person having the care enticed becomes irrelevant to the offence. intercourse with any person, of her on behalf of that man, with Further, while the exclusion serves to or conceals or detains with intent that she may have illicit remove some patriarchal notions from that intent any such woman, intercourse with any person, or the code, the section in its entirety still shall be punished with conceals or detains with that continues to be patriarchal since it takes imprisonment of either intent any such woman, shall be away the agency of the woman in description for a term which punished with imprisonment of question. may extend to two years, or either description for a term with fine, or with both. which may extend to two years, or with fine, or with both. Clause 93: Whoever hires, No equivalent section in the IPC. This is a new provision which employs or engages any criminalises hiring/employing/engaging person below the age of a minor to commit an offence. However, eighteen years to commit an the explanation to the section is unclear offence shall be punished with since in a case of “hiring, employing, imprisonment of either engaging or using a child for sexual description or fine provided exploitation or pornography” the child for that offence as if the will be a victim, whereas the clause offence has been committed by suggests that the child is committing an such person himself. offence on the instructions of the primary Explanation.—Hiring, offender. employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section. Clause 94: Whoever, by any Section 366A: Whoever, by any This provision has been made gender means whatsoever, induces means whatsoever, induces any neutral. any child below the age of minor girl under the age of eighteen years to go from any eighteen years to go from any place or to do any act with place or to do any act with intent intent that such child below that such girl may be, or knowing the age of eighteen years may that it is likely that she will be,  BNS IPC IMPLICATIONS OF REVISION be, or knowing that it is likely forced or seduced to illicit that such child will be, forced intercourse with another person or seduced to illicit intercourse shall be punishable with with another person shall be imprisonment which may extend punishable with imprisonment to ten years, and shall also be which may extend to ten years, liable to fine. and shall also be liable to fine. Clause 101(2): When a group No equivalent section in the IPC. This section appears to introduce an of five or more persons acting aggravated form of murder committed in concert commits murder on by a group of 5 or more persons acting in the ground of race, caste or concert, and with a specific intent in community, sex, place of birth, mind. It provides for a minimum language, personal belief or punishment of 7 years, and a maximum any other ground each of death. At the outset, the meaning of member of such group shall be the term “acting in concert” is undefined. punished with death or with Furthermore, a lesser minimum imprisonment for life or punishment for an aggravated offence imprisonment for a term does not adhere to established which shall not be less than penological policy. seven years, and shall also be liable to fine. Clause 102: Whoever, being Section 303: Whoever, being Section 303 was struck down by the under sentence of under sentence of imprisonment Supreme Court in Mithu v. State of imprisonment for life, commits for life, commits murder shall be Punjab. It has been reintroduced in the murder, shall be punished punished with death. form of Clause 102, with a modification with death or with that allows for a mandatory minimum imprisonment for life, which sentence of life imprisonment with no shall mean the remainder of possibility of remission. that person’s natural life. Clause 103: Whoever commits Section 304: Whoever commits This provision introduces a mandatory culpable homicide not culpable homicide not amounting minimum sentence of five years for the amounting to murder, shall be to murder shall be punished with offence of culpable homicide not punished with imprisonment imprisonment for life, or amounting to murder if the act by which for life, or imprisonment of imprisonment of either the death is caused is done with the either description for a term description for a term which may intention of causing death, or of causing which shall not be less than extend to ten years, and shall also such bodily injury as is likely to cause five years but which may be liable to fine, if the act by death. Additionally, for culpable extend to ten years, and shall which the death is caused is done homicide not amounting to murder also be liable to fine, if the act with the intention of causing where the act is done with the by which the death is caused is death, or of causing such bodily knowledge that it is likely to cause death, done with the intention of injury as is likely to cause death; but without any intention to cause death, causing death, or of causing or with imprisonment of either or to cause such bodily injury as is likely such bodily injury as is likely description for a term which may to cause death, fine has been made to cause death; or with extend to ten years, or with fine, mandatory. imprisonment of either or with both, if the act is done description for a term which with the knowledge that it is may extend to ten years and likely to cause death, but without with fine, if the act is done any intention to cause death, or to with the knowledge that it is  BNS IPC IMPLICATIONS OF REVISION likely to cause death, but cause such bodily injury as is without any intention to cause likely to cause death. death, or to cause such bodily injury as is likely to cause death. Clause 104(1): Whoever causes Section 304A: Whoever causes the This increases the punishment for the death of any person by death of any person by doing any rash/negligent homicide from 2 years to doing any rash or negligent act rash or negligent act not 7 years. In the past, there has been a not amounting to culpable amounting to culpable homicide, debate on whether 2 years maximum homicide, shall be punished shall be punished with imprisonment for Section 304A is too with imprisonment of either imprisonment of either little. This amendment accordingly description for a term which description for a term which may increases the punishment, which remains may extend to seven years, extend to two years, or with fine, lesser than the maximum punishment for and shall also be liable to fine. or with both. culpable homicide not amounting to murder, which is conceptually fine. Clause 104(2): Whoever causes No equivalent section in the IPC. This section introduces an offence of death of any person by doing escaping from the scene of a any rash or negligent act not rash/negligent homicide committed by amounting to culpable the offender. It also criminalises failure homicide and escapes from the to report the crime after committing it. It scene of incident or fails to is an aggravated form of the offence report the incident to a Police punished under section 104(1), since it officer or Magistrate soon after provides a maximum punishment of 10 the incident, shall be punished years. This appears to cover cases of “hit with imprisonment of either and run” in cases of vehicular homicides. description of a term which It also covers all rash/negligent may extend to ten years, and homicides where the offender escapes shall also be liable to fine. from the scene of crime or does not report the crime to the police/Magistrate. Clause 105: If any person Section 305: If any person under Replacing the words “any insane under eighteen years of age, eighteen years of age, any insane person” and “any idiot”, with “any any person with mental illness, person, any delirious person, any person with mental illness” expands the any delirious person or any idiot, or any person in a state of scope of the section and would cover a person in a state of intoxication, commits suicide, larger number of people within the intoxication, commits suicide, whoever abets the commission of aggravated offence as opposed to the whoever abets the commission such suicide, shall be punished offence under Section 306/Clause 106. of such suicide, shall be with death or imprisonment for Under the IPC, most cases of abetment of punished with death or life, or imprisonment for a term suicide are adjudicated under Section imprisonment for life, or not exceeding ten years, and shall 306. However, inclusion of a broad term imprisonment for a term not also be liable to fine. like mental illness in this context would exceeding ten years, and shall mean that this provision is invoked more also be liable to fine. frequently. Clause 107(2): When any person Section 307 (paragraph 2): When In addition to the death penalty, the new offending under sub-section (1) any person offending under this provision has an alternative punishment is under sentence of section is under sentence of of life imprisonment which extends to imprisonment 45 for life, he imprisonment for life, he may, if the whole of natural life of the convict may, if hurt is caused, be without the possibility of remission. punished with death or with  BNS IPC IMPLICATIONS OF REVISION imprisonment for life, which hurt is caused, be punished with shall mean the remainder of that death. person’s natural life. No equivalent section in the Section 309: Whoever attempts to This provision was, in effect, repealed by BNS. commit suicide and does any act way of Section 115 of the Mental towards the commission of such Healthcare Act, 2017. It has been offence, shall be punished with removed from the text of the BNS. simple imprisonment for a term which may extend to one year or with fine, or with both. No equivalent section in the Section 310: Whoever, at any time This is a positive change. This provision BNS. after the passing of this Act, shall previously criminalised people based on have been habitually associated their caste and status, such as nomads, with any other or others for the etc. purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug. No equivalent section in the Section 311: Whoever is a thug, This is a positive change. People were BNS. shall be punished with defined as “thugs” and criminalised imprisonment for life, and shall based on belonging to the community. also be liable to fine. Clause 109(1): Any continuing No equivalent section in the IPC. This section introduces a new offence of unlawful activity including “organised crime” in the IPC. However, kidnapping, robbery, vehicle given the manner in which it is worded, theft, extortion, land grabbing, without appropriate punctuation marks contract killing, economic or sub-sections, it creates confusion on offences, cyber-crimes having which offences are covered within the severe consequences, ambit of organised crime. For instance, trafficking in people, drugs, there is a reference to “human trafficking illicit goods or services and racket for prostitution or ransom”. What weapons, human trafficking “human trafficking for ransom” implies racket for prostitution or is unclear. It also states: “by the effort of ransom by the effort of groups groups or individuals acting in concert, of individuals acting in singly or jointly.” It is not clear what is concert, singly or jointly, either implied by individuals acting in concert, as a member of an organised but singly. Further, the phrase “cyber crime syndicate or on behalf of crimes having severe consequences” has such syndicate, by use of not been defined. violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit, shall constitute organised crime.  BNS IPC IMPLICATIONS OF REVISION Clause 109(1) Explanation: For No equivalent section in the IPC. Some elements of this definition seem to the purposes of this have been borrowed from the subsection...: (ii) “organised Maharashtra Control of Organised Crime crime syndicate” means a Act, 1999 and other similar organised criminal organisation or group crime statutes in other states. However, it of three or more persons who, also introduces certain new elements in acting either singly or the provision, which render the collectively in concert, as a provision vague and unclear. syndicate, gang, mafia, or crime ring indulging in commission of one or more serious offences orinvolved in gang criminality, racketeering, and syndicated organised crime; Clause 109(1) Explanation: For No equivalent section in the IPC. This definition has been borrowed from the purposes of this the Maharashtra Control of Organised subsection...: (iii) “continuing Crime Act, 1999 and other similar unlawful activity” means an organised crime statutes in other states. activity prohibited by law, which is a cognizable offence undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding period of ten years and that court has taken cognizance of such offence. Clause 109(2): Whoever, No equivalent section in the IPC. The punishment for attempt to commit attempts to commit or the offence and the punishment for commits an offence of actual commission of the offence under organised crime shall,—(i) if this provision is the same. The such offence has resulted in distinction is instead drawn on the basis the death of any person, be of whether a death is caused or not. In punishable with death or the former case, the offence is punishable imprisonment for life and shall with imprisonment for life or death. also be liable to fine which Otherwise, there is a mandatory shall not be less than rupees minimum sentence of five years, ten lakhs;(ii) in any other case, extendable to life imprisonment. be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine  BNS IPC IMPLICATIONS OF REVISION which shall not be less than rupees five lakhs. Clause 109(3): Whoever, No equivalent section in the IPC. This clause deals with conspiracies, conspires or organises the organising the commission of an commission of an organised organised crime, assisting and crime, or assists, facilitates or facilitating organised crime or engaging otherwise engages in any act in preparatory acts. The terms used are preparatory to an organised wide and vague. For instance, the ambit crime, shall be punishable with of preparatory acts may be very wide, imprisonment for a term thus bringing within the section people which shall not be less than who may not even have the relevant five years but which may intention or knowledge that they are extend to imprisonment for life engaging in an act preparatory to an and shall also be liable to fine organised crime. From a penological which shall not be less than perspective, the clause provides the same rupees five lakhs. punishment for conspiracy and abetment, as it does for membership, thus equating these offences. Clause 109(4): Any person No equivalent section in the IPC. This section is taken from the MCOCA. who is a member of an The punishment is also the same. organised crime syndicate Jurisprudence from MCOCA will apply. shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees five lakhs.  BNS IPC IMPLICATIONS OF REVISION Clause 109(5): Whoever, No equivalent section in the IPC. This section is taken from MCOCA. The intentionally harbours or proviso is from UAPA. The conceals or attempts to jurisprudence from these legislations will harbour or conceal any person apply. who has committed the offence of an organised crime or any member of an organised crime syndicate or believes that his act will encourage or assist the doing of such crime shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees five lakhs: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. Clause 109(6): Whoever, holds No equivalent section in the IPC. This section is taken from MCOCA, save any property derived, or for the term “proceeds of any organised obtained from the commission crime”, which has been defined in the of an organised crime or explanation. The proviso is from UAPA. proceeds of any organised crime The jurisprudence from these legislations or which has been acquired will apply. through the organised crime syndicate funds shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees two lakhs. Clause 109(7): If any person on No equivalent section in the IPC. This section is taken from MCOCA. The behalf of a member of an proviso is from UAPA. The organised crime syndicate is, jurisprudence from these legislations will or at anytime has been in apply. possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten  BNS IPC IMPLICATIONS OF REVISION years and shall also be liable to fine which shall not be less than rupees one lakh and such property shall also be liable for attachment and forfeiture. Clause 109: Explanation.–– For No equivalent section in the IPC. This provides a broad definition to the the purposes of this section, term “proceeds of an organized crime”, “proceeds of any organised and can thus be overinclusive. Currently, crime” means all kind of there is debate and criticism of similar properties which have been provisions in the Prevention of Money derived or obtained from Laundering Act, which have not been commission of any organised taken into consideration while drafting crime or have acquired this clause of the BNS. through funds traceable to any organised crime and shall include cash, irrespective of person in whose name such proceeds are standing or in whose possession they are found. Clause 110. (1) Any crime that No equivalent section in the IPC. This provision has vague and broad causes general feelings of terms such as “general feelings of insecurity among citizens insecurity among citizens”. It also relating to theft of vehicle or consists of terms such as “mobile theft from vehicle, domestic organised crime groups”. This may lead and business theft, trick theft, to criminalisation of individuals/groups cargo crime, theft (attempt to who are nomadic, which is was the theft, theft of personal rationale behind the repealed “Criminal property), organised pick Tribes Act”. pocketing, snatching, theft through shoplifting or card skimming and Automated Teller Machine thefts or procuring money in unlawful manner in public transport system or illegal selling of tickets and selling of public examination question papers and such other common forms of organised crime committed by organised criminal groups or gangs, shall constitute petty organised crimes and shall include the said crimes when  BNS IPC IMPLICATIONS OF REVISION committed by mobile organised crime groups or gangs that create network of contacts, anchor points, and logistical support among themselves to carry out number of offences in region over a period before moving on. (2) Whoever commits or No equivalent section in the IPC. This is the penal section for Clause attempts to commit any petty 110(1). Like in Clause 109(2) the organised crime, under sub- punishment for attempting the crime, section (1) shall be punished and for committing the crime, is with imprisonment for a term identical. which shall not be less than one year but which may extend to seven years, and shall also be liable to fine. Clause 111(1): A person is said No equivalent section in the IPC. A large part of Clause 111(1) is taken to have committed a terrorist from Section 15 of the Unlawful act if he commits any act in Activities (Prevention) Act, 1967. The India or in any foreign country jurisprudence that has emerged in the with the intention to threaten context of Section 15 of the UAPA will the unity, integrity and apply. security of India, to intimidate the general public or a segment thereof, or to disturb public order by doing an act,–– (i) using bombs, dynamite or Same as above. any other explosive substance or inflammable material or firearms or other lethal weapons or poison or noxious gases or other chemicals or any other substance (whether biological or otherwise) hazardous in nature in such a manner so as to create an  BNS IPC IMPLICATIONS OF REVISION atmosphere or spread a message of fear, to cause death or serious bodily harm to any person, or endangers a person’s life; (ii) to cause damage or loss Same as above. due to damage or destruction of property or disruption of any supplies or services essential to the life of the community, destruction of a Government or public facility, public place or private property; (iii) to cause extensive Same as above. interference with, damage or destruction to critical infrastructure; (iv) to provoke or influence by Same as above. intimidation the Government or its organisation, in such a manner so as to cause or likely to cause death or injury to any public functionary or any person or an act of detaining any person and threatening to kill or injure such person in order to compel the Government to do or abstain from doing any act, or destabilise or destroy the political, economic, or social structures of the country, or create a public emergency or undermine public safety; (v) included within the scope Same as above. of any of the Treaties listed in the Second Schedule to the Unlawful Activities (Prevention) Act, 1967.  BNS IPC IMPLICATIONS OF REVISION Clause 111(2): Whoever, No corresponding provision in A large part of Clause 111(2) is taken attempts to commit or the IPC. from Section 16 of the Unlawful commits an offence of terrorist Activities (Prevention) Act, 1967. act shall,––(i) if such offence However, in 111 (2) (i), life imprisonment has resulted in the death of has been specifically enhanced to exclude any person, be punishable parole. Additionally fine amounts have with death or imprisonment been mentioned in the section which is for life without the benefit of absent in the UAPA. The punishment parole, and shall also be liable under this provision is more stringent to fine which shall not be less than corresponding provisions of the than rupees ten lakhs;(ii) in UAPA. any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than rupees five lakhs. Clause 111 (3): Whoever, No corresponding provision in Clause 111(3) is taken from Section 18 of conspires, organises or causes the IPC. the Unlawful Activities (Prevention) Act, to be organised any 1967. However, punishment under this organisation, association or a provision specifically mentions a fine group of persons for terrorist amount which is absent in the UAPA. acts, or assists, facilitates or otherwise conspires to engage in any act preparatory to any terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than rupees five lakhs. Clause 111(4): Any person, who is No corresponding provision in Clause 111(4) is taken from Section 20 of a member of terrorist the IPC the Unlawful Activities (Prevention) Act, organisation, which is involved in 1967. However, punishment under this terrorist act, shall be punishable provision specifically mentions a fine with imprisonment for a term amount which is absent in the UAPA. which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than rupees five lakhs.  BNS IPC IMPLICATIONS OF REVISION Clause 111 (5) Whoever, No corresponding provision in Clause 111(5) is largely taken from intentionally harbours or the IPC. Section 19 of the Unlawful Activities conceals or attempts to (Prevention) Act, 1967. However, harbour or conceal any person punishment under this provision who has committed an offence specifically mentions a fine amount of any terrorist act shall be which is absent in the UAPA. This punishable with imprisonment section brings in an element of for a term which shall not be “intention” in the context of less than three years but which harbouring/concealing a person who has may extend to imprisonment committed a terrorist act. This is different for life, and shall also be liable from the UAPA which requires to fine which shall not be less knowledge that the person being than rupees five lakh: harboured is a terrorist. Doing away Provided that this sub-section with this requirement may have the shall not apply to any case in impact of broadening the section as which the harbour or compared to section 19 of the UAPA. concealment is by the spouse of the offender. Clause 111 (6): Whoever, holds No corresponding provision in The first part of Clause 111 (6) is any property directly or the IPC. borrowed from Sec. 21 of the Unlawful indirectly, derived or obtained Activities (Prevention) Act, 1967. This from commission of terrorist provision broadens the scope for act or proceeds of terrorism, or criminalisation of acts beyond those of acquired through the terrorist Sec. 21 of the UAPA. fund, or possesses, provides, collects or uses property or funds or makes available property, funds or financial service or other related services, by any means, to be used, in full or in part to carry out or facilitate the commission of any terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees five lakhs and such property shall also be liable for attachment and forfeiture. Explanation.— For the No corresponding provision in This is an extremely vague and over- purposes of this section,––(a) the IPC. Explanation a-(i) has broad definition, particularly as there is “terrorist” refers to any person been taken from Sec. 4 of the no jurisprudence around this that can be who—(i) develops, Philippines Anti-Terrorism Act, used by courts. manufactures, possesses, 2020. acquires, transports, supplies or uses weapons, explosives,  BNS IPC IMPLICATIONS OF REVISION or releases nuclear, radiological or other dangerous substance, or cause fire, floods or explosions; (ii) commits, or attempts, or conspires to commit terrorist acts by any means, directly or indirectly; (iii) participates, as a principal or as an accomplice, in terrorist acts; (b) the expression “proceeds of No corresponding provision in terrorism” shall have the same the IPC. meaning as assigned to it in clause (g) of section 2 of the Unlawful Activities (Prevention) Act, 1967; (c) “terrorist organisation, association or a group of persons” refers to any entity owned or controlled by any terrorist or group of terrorists that— (i) commits, or attempts to commit, terrorist acts by any means, directly or indirectly;— (ii) participates in acts of terrorism;—(iii) prepares for terrorism;—(iv) promotes terrorism;—(v) organises or directs others to commit terrorism;—(vi) contributes to the commission of terrorist acts by a group of persons acting with common purpose of furthering the terrorist act where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act; or (vii) is otherwise involved in terrorism; or (viii) any organisation listed in the First Schedule to the Unlawful Activities(Prevention) Act, 1967 or an organisation operating under the same name as an organisation so listed.  BNS IPC IMPLICATIONS OF REVISION Clause 114: The following The following kinds of hurt only Section 320 rightly provided that a hurt kinds of hurt only are are designated as “grievous”:— would be considered grievous if the designated as “grievous”, First.—Emasculation. victim were unable to follow their namely:––(a) Emasculation.(b) Secondly.—Permanent privation pursuits or in severe bodily pain for Permanent privation of the of the sight of either eye. twenty days. Twenty days (two thirds of sight of either eye.(c) Thirdly.—Permanent privation of a month) has been changed to fifteen Permanent privation of the the hearing of either ear days in the BNS. The logic for reduction hearing of either ear.(d) Fourthly.—Privation of any from twenty days to fifteen days is not Privation of any member or member or joint. clear. joint.(e) Destruction or Fifthly.—Destruction or permanent impairing of the permanent impairing of the powers of any member or powers of any member or joint. joint.(f) Permanent Sixthly.—Permanent disfiguration of the head or disfiguration of the head or face. face.(g) Fracture or dislocation Seventhly.—Fracture or of a bone or tooth.(h) Any hurt dislocation of a bone or tooth. which endangers life or which Eighthly.—Any hurt which causes the sufferer to be endangers life or which causes during the space of fifteen the sufferer to be during the space days in severe bodily pain, or of twenty days in severe bodily unable to follow his ordinary pain, or unable to follow his pursuits. ordinary pursuits. Clause 115 (3) Whoever No corresponding provision in This provision introduces an aggravated commits an offence under sub- the IPC form of the offence of grievous hurt, with section (1) and in the course of an increased mandatory minimum such commission causes any sentence of ten years. This would have hurt to a person which causes been punishable previously with a that person to be in permanent maximum sentence of seven years. disability or in persistent vegetative state, shall be punished with 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. Clause115 (4) When grievous No corresponding provision in This clause appears to criminalise hurt of a person is caused by a the IPC participation in the offence wherein group of five or more persons grievous hurt is caused by a group on on the ground of his, race, the grounds of race, caste, sex, etc. It is caste, sex, place of birth, not clear whether there is a requirement language, personal belief or of common intention, or the group needs any other ground, each to share a common object. This member of such group shall be vagueness may cause confusion. guilty of the offence of causing grievous hurt, and shall be punished with imprisonment  BNS IPC IMPLICATIONS OF REVISION of either description for a term which may extend to seven years, and shall also be liable to fine. Clause 122(1): Whoever causes Section 326A: Whoever causes In Explanation 2, the inclusion of permanent or partial damage permanent or partial damage or permanent vegetative state absurd or deformity to, or burns or deformity to, or burns or maims because the condition is permanent by maims or disfigures or or disfigures or disables, any part definition and therefore, irreversible. disables, any part or parts of or parts of the body of a person or the body of a person or causes causes grievous hurt by throwing grievous hurt by throwing acid on or by administering acid acid on or by administering to that person, or by using any acid to that person, or by using other means with the intention of any other means with the causing or with the knowledge intention of causing or with that he is likely to cause such the knowledge that he is likely injury or hurt, shall be punished to cause such injury or hurt or with imprisonment of either causes a person to be in a description for a term which shall permanent vegetative state not be less than ten years but shall be punished with which may extend to imprisonment of either imprisonment for life, and with description for a term which fine: Section 326B - Explanation 2: shall not be less than ten years For the purposes of section 326A but which may extend to and this section, permanent or imprisonment for life, and partial damage or deformity shall with fine:Explanation 2: For not be required to be irreversible. the purposes of this section, permanent or partial damage or deformity or permanent vegetative state, shall not be required to be irreversible. Clause 135: 1) Kidnapping is of Section 361: Whoever takes or The difference in age between boys and two kinds: kidnapping from entices any minor under 2 girls has been now removed. Thus, India, and kidnapping from [sixteen] years of age if a male, or kidnapping of boys between 16 to 18 lawful guardianship–– (b) under 3 [eighteen] years of age if years of age from lawful guardianship is whoever takes or entices any a female, or any person of now criminalised under this provision. child below the age of eighteen unsound mind, out of the keeping years or any person with of the lawful guardian of such mental illness, out of the minor or person of unsound keeping of the lawful guardian mind, without the consent of such of such child or person with guardian, is said to kidnap such mental illness, without the minor or person from lawful consent of such guardian, is guardianship. said to kidnap such child or person from lawful guardianship.  BNS IPC IMPLICATIONS OF REVISION Clause 137(1): Whoever Section 363A(1): Whoever The term “minor” used in the section has kidnaps any child below the kidnaps any minor or, not being been replaced with “child below the age age of eighteen years or, not the lawful guardian of a minor, of 18 years” and “child”. The terms of being the lawful guardian of obtains the custody of the minor, punishment have been significantly such child, obtains the custody in order that such minor may be increased, with the introduction of of the child, in order that such employed or used for the mandatory minimum sentences. child may be employed or purposes of begging shall be used for the purposes of punishable with imprisonment of begging shall be punishable either description for a term with rigorous imprisonment which may extend to ten years, for a term which shall not be and shall also be liable to fine. less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. Clause 137(2): Whoever maims Section 363A(2): Whoever maims Same as above. any child below the age of any minor in order that such eighteen years in order that minor may be employed or used such child may be employed for the purposes of begging shall or used for the purposes of be punishable with imprisonment begging shall be punishable for life, and shall also be liable to with imprisonment which fine. 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. Clause 137(3): Where any Section 363A(3): Where any Same as above. person, not being the lawful person, not being the lawful guardian of a child below the guardian of a minor, employs or age of eighteen years employs uses such minor for the purposes or uses such child for the of begging, it shall be presumed, purposes of begging, it shall be unless the contrary is proved, that presumed, unless the contrary he kidnapped or otherwise is proved, that he kidnapped obtained the custody of that or otherwise obtained the minor in order that the minor custody of such child in order might be employed or used for that such child might be the purposes of begging. employed or used for the purposes of begging.  BNS IPC IMPLICATIONS OF REVISION Clause 137(4): In this section Section 363A(4): In this section,— Same as above. “begging” means—(i) (a) “begging” means— (i) soliciting or receiving alms in a soliciting or receiving alms in a public place, whether under public place, whether under the the pretence ofsinging, pretence of singing, dancing, dancing, fortune-telling, fortunetelling, performing tricks performing tricks or selling or selling articles or otherwise; (ii) articles or otherwise;(ii) entering on any private premises entering on any private for the purpose of soliciting or premises for the purpose of receiving alms; (iii) exposing or soliciting or receiving alms;(iii) exhibiting, with the object of exposing or exhibiting, with obtaining or extorting alms, any the object of obtaining or sore, wound, injury, deformity or extorting alms, any sore, disease, whether of himself or of wound, injury, deformity or any other person or of an animal; disease, whether of himself or (iv) using a minor as an exhibit of any other person or of an for the purpose of soliciting or animal;(iv) using such child as receiving alms; (b) “minor” an exhibit for the purpose of means— (i) in the case of a male, soliciting or receiving alms. a person under sixteen years of age; and (ii) in the case of a female, a person under eighteen years of age.] Clause 146: Whoever within or Whoever within or without Section 121A of the IPC used the phrase without and beyond India [India] conspires to commit any “within or without India”. This covered conspires to commit any of the of the offences punishable by acts committed in India and outside offences punishable by section section 121, or conspires to India. The word “beyond” has now been 145, or conspires to overawe, overawe, by means of criminal added. It does not appear to make any by means of criminal force or force or the show of criminal difference and is hence, superfluous. the show of criminal force, the force, [the Central Government or Central Government or any any [State] Government], shall be State Government, shall be punished with [imprisonment for punished with imprisonment life], or with imprisonment of for life, or with imprisonment either description which may of either description which extend to ten years, [and shall may extend to ten years, and also be liable to fine]. shall also be liable to fine.  BNS IPC IMPLICATIONS OF REVISION Clause 150: Whoever, Section 124A: Whoever by words, Although the word “sedition” has been purposely or knowingly, by either spoken or written, signs, or removed, the new clause has wider words, either spoken or by visible representation, or connotations regarding acts which can written, or by signs, or by otherwise, brings or attempts to now be criminalised under this visible representation, or by bring into hatred or contempt, or provision. The use of vague phrases such electronic communication or excites or attempts to excite as “exciting secessionist activities and by use of financial mean, or disaffection towards, the feelings” could potentially criminalise otherwise, excites or attempts Government established by law activities which do not have any overt to excite, secession or armed in India, shall be punished with act. Further, the use of the word rebellion or subversive imprisonment for life, to which “purposely” introduces an ambiguous activities, or encourages fine may be added, or with standard of mental state. The feelings of separatist activities imprisonment which may extend jurisprudence on sedition had limited the or endangers sovereignty or to three years, to which fine may extent of the provision to words which unity and integrity of India; or be added, or with lead to immediate violence. This leads to indulges in or commits any fine.Explanation 1.—The further expansion of the scope of the such act shall be punished expression “disaffection” includes provision. Moreover, the explanation with imprisonment for life or disloyalty and all feelings of appears to be incomplete. However, if with imprisonment which may enmity.Explanation 2.— read as it is, it can further broaden the extend to seven years and shall Comments expressing ambit of the section. also be liable to disapprobation of the measures of fine.Explanation -- Comments the Government with a view to expressing disapprobation of obtain their alteration by lawful the measures, or means, without exciting or administrative or other action attempting to excite hatred, of the Government with a contempt or disaffection, do not view to obtain their alteration constitute an offence under this by lawful means without section.Explanation 3.— exciting or attempting to excite Comments expressing the activities referred to in this disapprobation of the section. administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Clause 157: Whoever abets the Section 131: Whoever abets the The addition made to this section reads committing of mutiny by an committing of mutiny by an “subject to Acts referred to in section 165 officer, soldier, sailor or officer, soldier, sailor or airman, of the Government of India.” This is airman, in the Army, Navy or in the Army, Navy or Air Force of evidently erroneous, and possibly refers Air Force subject to the Acts the Government of India or to Clause 165 of the BNS, and not to the referred to in section 165 of the attempts to seduce any such Government of India. Government of India or officer, soldier, sailor or airman attempts to seduce any such from his allegiance or his duty, officer, soldier, sailor or shall be punished with airman from his allegiance or imprisonment for life, or with his duty, shall be punished imprisonment of either with imprisonment for life, or description for a term which may with imprisonment of either extend to ten years, and shall also description for a term which be liable to fine. Explanation.—In this section the  BNS IPC IMPLICATIONS OF REVISION may extend to ten years, and words “officer”, “soldier”, shall also be liable to fine. “sailor”and “airman” include any person subject to the Army Act, the Army Act, 1950 (46 of 1950)], [the Naval Discipline Act, the Indian Navy (Discipline) Act,1934 (34 of 1934)] [the Air Force Act or [the Air Force Act, 1950 (45 of 1950)]], as the case may be].] Clause 195. (1) Whoever, by No corresponding provision in The provision is overbroad in content words either spoken or written the IPC and implication. It is not only or by signs or by visible criminalising publishing representations or through false/misleading information, but also electronic communication or making the same, which means that even otherwise,—...(d) makes or speaking of certain words could be publishes false or misleading criminalised. information jeopardising the sovereignty unity and integrity or security of India, Clause 224: Whoever attempts No corresponding provision in Section 115 of the Mental Healthcare Act, to commit suicide with the the IPC 2017 stated that any person attempting to intent to compel or restrain die by suicide will be presumed to be any public servant from suffering from extreme stress. They will discharging his official duty not be prosecuted and punished under shall be punished with simple section 309 of the IPC. With section 309 imprisonment for a term no longer included in the BNS, Clause which may extend to one year 224 draws out an exception wherein a or with fine or with both or person who attempts to die by suicide with community service. with the intent to compel or restraining a public servant from discharging their official duty shall be punished. This could include hunger strikes and other protests where death is a possible consequence. Clause 302. (1) Theft is No corresponding provision in It remains unclear as to what “snatching” if, in order to the IPC. The same text has been distinguishes this offence from theft commit theft, the offender used in the Haryana State simpliciter, especially since the suddenly or quickly or forcibly Amendment (2015) to section 379 punishment is the same. Particularly, the seizes or secures or grabs or and Punjab State Amendment phrase “takes away” makes it very takes away from any person or (2014) to section 379. similar to the offence of theft as defined from his possession any in the previous provision. moveable property. (2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.  BNS IPC IMPLICATIONS OF REVISION Clause 303: Whoever commits Section 380: Whoever commits This clause provides for enhanced theft— theft in any building, tent or punishment for offences of theft (a) in any building, tent or vessel, which building, tent or committed in vehicles, from vehicles, vessel used as a human vessel is used as a human theft of idols or icons from places of dwelling or used for the dwelling, or used for the custody worship, or any property of the custody of property; or of property, shall be punished government or a local authority. (b) of any means of transport with imprisonment of either used for the transport of goods description for a term which may or passengers; or extend to seven years, and shall (c) of any article or goods from also be liable to fine. any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Government or of a local authority, Clause 311: Whoever belongs Section 401: Whoever, at any time The removal of the word “wandering” to any gang of persons after the passing of this Act, shall from this provision is a positive change, associated in habitually belong to any wandering or other as it no longer implicates persons committing theft or robbery, gang of persons associated for the belonging to nomadic castes and and not being a gang of purpose of habitually committing communities who would otherwise be dacoits, shall be punished with theft or robbery, and not being a targeted and criminalised thereunder. rigorous imprisonment for a gang of thugs or dacoits, shall be term which may extend to punished with rigorous seven years, and shall also be imprisonment for a term which liable to fine. may extend to seven years, and shall also be liable to fine. Clause 315(1): Property, the The new section adds the offence of possession whereof has been cheating to the definition of “stolen transferred by theft or property”. This is a positive change since extortion or robbery or property transferred through cheating cheating, and property which was not considered stolen property in has been criminally the original section. misappropriated or in respect of which criminal breach of trust has been committed, is designated as “stolen property”, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.  BNS IPC