Indian Penal code and Bhartiyab nyaya Sanhita.pptx

Primary criminal code of India that defines various
criminal offenses, their punishments, and the legal
procedures for addressing criminal matters in the
country.
Indian Penal Code

I.P.C
• Enacted on October 6, 1860
• During British colonial rule. Established by the
British colonial administration in India.
• Adapted from various sources, including English
common law, principles of justice, and legal
traditions.

• The code was drafted on the recommendations of
the first Law Commission of India established in
1834 under the Charter Act of 1833

• It was drafted by Thomas Babington
Macaulay, a British historian, and
legislator.
• He led a committee of legal experts who
worked on drafting the code.

Imperial Legislative Council
• was the legislature of British India from 1861 to
1947.
• It succeeded the Council of the Governor-
General of India, and was succeeded by
the Constituent Assembly of India and after
1950, was succeeded by Parliament of India.

Primary objective
‘to consolidate and standardize criminal
laws in India, which until then were
based on a combination of Hindu,
Islamic, and customary laws.’

To provide a comprehensive legal
framework for defining and punishing
criminal offenses in India. It aims to maintain
law and order, protect individual rights, and
ensure justice.
Purpose

•It aimed to provide a single,
comprehensive criminal code applicable
throughout India to ensure uniformity in the
administration of justice.
•The IPC was officially enacted on October
6, 1860, and it came into force on January
1, 1862.
•It applied to the entire Indian
subcontinent, including what is now India,
Pakistan, Bangladesh, and parts of
present-day Myanmar.

Based on a simplified codification of the law of
England at the time.
Elements were also derived from the Napoleonic
Code and Edward Livingston's Louisiana Civil
Code of 1825.

 Over the years, the IPC has undergone numerous amendments
to keep pace with changing societal norms and legal
requirements.
 Various landmark legal cases have also influenced its
interpretation and application.
 It has been supplemented by other laws and acts that address
specific aspects of criminal behavior.

Indian Penal code and Bhartiyab nyaya Sanhita.pptx

 In 2020, the Ministry of Home Affairs established a committee
led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of
NLU, Delhi.
 This committee was tasked with reviewing the three codes of
criminal law.
 The committee's focus was on ensuring the safety and
security of individuals, communities and the nation as a whole.
 In February, the committee successfully submitted its
recommendations regarding amendments to the criminal law.

•On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Nyaya
Sanhita Bill, 2023 in the Lok Sabha.
•On 12 December 2023, the Bharatiya Nyaya Sanhita Bill, 2023 was withdrawn.
•On 12 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was introduced in
Lok Sabha.
•On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in Lok
Sabha.
•On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya
Sabha.
•On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the assent
of the President of India.

2023 2023 2023
Introduced
in
Lok Sabha
Dec 12
Passed
in
Lok Sabha
Dec 20
Passed
in
Rajya Sabha
Dec 21

There is a misconception that BNS has replaced IPC with effect from
25.12.2023 and FIR for all offences will be filed under BNS with effect from
25.12.2023.
BNS will repeal and replace IPC only from the date of coming into force of
BNS as appointed by the Central Government by issuing a notification
under section 1(2) of BNS.
Central Government is empowered to appoint different dates of coming
into force for different provisions of BNS.
All offences committed till the notified date/(s) of coming into force of BNS
will be dealt with under IPC only.

Transgender
•The definition of “gender” in section 8 of IPC recognizes
only male and female genders.
•The new definition of “gender” in section 2(10) of BNS
recognizes “transgender” in addition to genders of “male”
and “female”.

Section 2(3) of BNS defines ‘child’
any person below the age of 18
years.

Community Service has been included in BNS as a
punishment for the first time for petty offences
•Section 53 of IPC provided for 5 types of punishments
viz
1.Death;
2.Imprisonment for life;
3.Imprisonment which is of two descriptions–rigorous and
simple;
4.Forfeiture of property and
5.Fine.

Clause 4(f) of BNS has introduced a new 6th
type of punishment – Community service
defined by Explanation to section 23 of
BNSS

Punishment for mob-lynching (new
provision)
103(2)
provides that when a group of five or more persons
acting in concert commits murder on the ground of race,
caste or community, sex, place of birth, language,
personal belief or any other ground each member of such
group shall be punished with death or with imprisonment
for life, and shall also be liable to fine.

Increased punishment- 106(1) of BNS
whoever causes death of any person by doing any rash or negligent
act not amounting to culpable homicide, shall be punished with
imprisonment of either description for a term which may extend to
five years.
•The new law increases the punishment for causing death by
negligence from a maximum of two years to a maximum of five
years.
•This change reflects a stricter approach to cases of negligence
resulting in death.

if such act is done by a registered medical practitioner while
performing medical procedure, he shall be punished with
imprisonment of either description for a term which may
extend to two years, and shall also be liable to fine.

106(2)
addresses situations where the offender
escapes from the scene of the incident without
reporting it to a police officer or Magistrate after
the incident.
In such cases, the punishment is very severe,
with a maximum term of imprisonment of ten
years with fine.

New Offence of Organized Crime
There was no offence of organized crime or punishment
for it in IPC.
Organized crime is defined and punishable in state laws
such as Maharashtra Control of Organised Crime Act,
1999 (MCOCA).
Section 111 of BNS is a new provision dealing with
Organized Crime.

New Definition of “Organised Crime [Section 111(1)]
The following are the ingredients of “Organised crime”:
•Continuing unlawful activity: It is any continuing unlawful activity including
• kidnapping
• robbery
• vehicle theft
• extortion
• land grabbing
• contract killing
• economic offence
• cyber-crimes
• trafficking in persons, drugs, weapons or illicit goods or services
• human trafficking for prostitution or ransom

New definition of “Economic offence”
Clause (iii) of Explanation below Section 111(1)
“Economic offences” includes the following offences committed for
obtaining the monetary benefits in any form:
 criminal breach of trust
 forgery
 counterfeiting of currency-notes, bank-notes and Government
Stamps
 hawala transaction
 mass-marketing fraud or
 running any scheme to defraud several persons or
 doing any act in any manner with a view to defraud any bank or
financial institution or any other institution

112 - Definition of “petty organized crime”
Whoever, being a member of a group or gang, either
singly or jointly, commits
 any act of theft
 snatching
 cheating
 unauthorised selling of tickets
 unauthorised betting or gambling
 selling of public examination question papers
 or any other similar criminal act
is said to commit petty organised crime.

Section 113 of BNS – Definition of Terrorist act
Whoever does any act with the intent to threaten or likely to
threaten the unity, integrity, sovereignty, security, or economic
security of India or with the intent to strike terror or likely to strike
terror in the people or any section of the people in India or in any
foreign country

(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other
lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether
biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever
nature to cause or likely to cause,— (i) death of, or injury to, any person or persons; or (ii) loss of, or
damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of
the community in India or in any foreign country; or (iv) damage to, the monetary stability of India by way
of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other
material; or (v) damage or destruction of any property in India or in a foreign country used or intended to
be used for the defence of India or in connection with any other purposes of the Government of India, any
State Government or any of their agencies; or (b) overawes by means of criminal force or the show of
criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of
any public functionary; or (c) detains, kidnaps or abducts any person and threatening to kill or injure such
person or does any other act in order to compel the Government of India, any State Government or the
Government of a foreign country or an international or inter-governmental organisation or any other
person to do or abstain from doing any act

Sedition made not punishable by omission of section 124A
of IPC
Instead treason is made punishable under new section 150
of BNS

48 - Abetment outside India for offence in India.
A person abets an offence within the meaning of this
Sanhita who, without and beyond India, abets the
commission of any act in India which would constitute
an offence if committed in India

226 - Attempt to commit suicide to compel or
restrain exercise of lawful power.
Whoever attempts to commit suicide with the intent to
compel or restrain any public servant from discharging
his official duty shall be punished with simple
imprisonment for a term which may extend to one year,
or with fine, or with both, or with community service

304 – Snatching
(1) Theft is snatching if, in order to commit theft, the offender
suddenly or quickly or forcibly seizes or secures or grabs or takes
away from any person or from his possession any movable
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.

CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILD
375 Definition of ‘Rape’ 63
376 (1) Punishment for Rape 64 (1)
376 (2) Punishment for Rape by person in authority 64 (2)
376 (3) Punishment for Rape on Woman <16 years 65 (1)
376A Punishment for causing death or resulting 66
in persistent vegetative state of victim.
376AB Punishment for Rape on Woman <12 years 65 (2)

376B Sexual intercourse by husband upon his wife during 67
separation.
376C Person in authority seducing or inducing a woman in 68
custody to have sexual intercourse
376 D Punishment for gang rape 70(1)

69 is a New clause
Sexual intercourse by employing deceitful means, etc.
Whoever, by deceitful means or by making promise to marry to
a woman without any intention of fulfilling the same, has sexual
intercourse with her, such sexual intercourse not amounting to
the offence of rape, shall be punished with imprisonment of
either description for a term which may extend to ten years and
shall also be liable to fine.

70 (2) Punishment for Gang rape of a woman < 18 years
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 of
the victim: Provided further that any fine imposed under this sub-
section shall be paid to the victim.

BNS continues to recognize marital rape as an exception to
rape and has failed to make the offence of rape gender
neutral.
This seems inconsistent with the stated objectives of giving
precedence to crimes against women and children.

IPC
Chapter XVI
Sections 299 to 377
Of Offences Affecting human body
BNS
Chapter VI
Clauses 98 to 144

299 Definition of culpable homicide 100
300 Definition of murder 101
302 Punishment for murder 103
304 Punishment for culpable homicide 105
304A Causing death by rash and negligent act 106 (1), (2)
304B Dowry death 80

306 Abetment of suicide 108
307 Attempt to murder 109
308 Attempt to culpable homicide 110
309 Attempt to commit suicide ---
319 Hurt 114
320 Grievous Hurt 116

323 Punishment for voluntarily causing hurt 115 (2)
324 Punishment for voluntarily causing hurt by 118 (1)
dangerous weapons or means
325 Punishment for voluntarily causing grievous hurt 117
326 Punishment for voluntarily causing grievous hurt 118(2)
by dangerous weapon or means
326A Voluntarily causing grievous hurt by use of acid 124 (1)
326B Voluntarily throwing or attempting to throw acid 124 (2)

328 Causing hurt by means of poison, with intent to 123
commit an offence
330 Voluntarily causing hurt to extort confession 120 (1)
or to compel restoration of property
331 Voluntarily causing grievous hurt to extort 120 (2)
confession or to compel restoration of property
337 Causing hurt by act endangering life or personal 125 (a)
safety of others
338 Causing grievous hurt by act endangering life or 125 (b)
personal safety of others

350 Criminal force 129
351 Assault 130
352 Punishment for assault or criminal force 131

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