FROM IPC TO BNS : THE TRANSFORMATION OF INDIAN CRIMINALLAW

Abstract 

The Indian penal code (IPC), drafted in 1860 during colonial rule, has served as the backbone of  India’s criminal justice system for over 160 years. However, the dynamic nature of crime, changing  social values, and the need to reflect constitutional morality have led to the enactment of the  Bharatiya Nyaya Sanhita (BNS, 2023.This article examines the transition from the IPC to BNS. 

Introduction 

For years the Indian Penal Code (IPC), Indian Evidence Act and Code of Criminal Procedure have  cast a shadow over India’s legal system. While these laws have been the foundation of our justice  system, they have struggled to address the complexities of modern India. A new era has dawned  and India has taken great steps towards evolution in the field of law with introduction of new  criminal laws. The initiative originated in 2020 when the Committee for Reforms in criminal law  (CRCL) was established, and chaired by Prof (Dr.) Ranbir Singh. The transformative bills, named as  Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA) and Bharatiya Nagarik  Suraksha Sanhita (BNSS) promise to bring about a rebirth by replacing these outdated and  erstwhile statutes with new legal frameworks that are specifically designed for the needs of 21 st century India. New criminal law Bharatiya Nyaya Sanhita of 2023 is an endeavour to redefine and  redirect the code and has replaced the erstwhile Indian Penal Code, 1860. Through amending,  repealing and adding sections this law aims to take a nuanced approach towards offenses by  imposing penalties on actions that pose a threat to the sovereignty, unity and integrity of India.  Additionally, it tackles challenges like terrorism, organized crime, by differentiating between  serious and minor offenses and imposing strict punishments for serious offenses. The idea of  ‘Community Service’, as a penalty for crimes is now being implemented under the law focusing  on a more rehabilitative approach to justice. The recent legislation has added “snatching” as an  offense, under Section 304 of the BNS. 

Brief History of Indian Criminal law (IPC,1860) 

Before the British codified Indian criminal law, India had a mix of personal laws, Hindu law &  Muslim law along with local customs, which created inconsistency in administration of justice.  When the British east India company established control, They felt the need for a uniform criminal  code to replace this patchwork system. In the year 1834, the Indian Law Commission was  constituted under the chairmanship of Lord Thomas Macaulay to examine the jurisdiction, power  and rules of the existing Courts as well the police establishments and the laws in force in India. 

The commission suggested various enactments to the Government. One of the important  recommendations made by the commission was on, the Indian penal code, which was enacted in 1860 and the said code is still continuing in the country with some amendments made thereto from  time to time. 

However, the introduction of the Bharatiya Nyaya Sanhita (BNS) marks a significant shift in  India’s criminal justice system. Passed in December 2023 and effective from July 1, 2024, the BNS  aims to modernize India’s criminal laws, incorporating advancements in technology and  contemporary societal values. India Witnessed historic transformation with Bharatiya Nyaya  Sanhita (BNS) 2023, completely replacing old IPC. New law promised justice, equality, national  relevance. 

LEGAL FRAMEWORK 

The Indian penal code, 1860 (IPC) served as the substantive criminal law of India for over 160  years. It was enacted during the colonial period and codified a wide range of offences,  punishments, and legal principles. Alongside the IPC, procedural aspects were governed by the  Code of Criminal Procedure, 1973 (CrPc), and evidentiary rules by the Indian Evidence Act, 1872.  Together these formed the backbone of Indian jurisprudence. 

BNS, BNSS, and BSA together propose a complete overhaul of India’s criminal justice system1 The new criminal laws aim to simplify legal procedure so that ease of living is ensured2by  introducing modern policing principles with procedure adaptive with technological developments  and updated models of penalization. BNS claims to “change the nature of the law towards  providing justice rather than punishment”3. The number of sections has reduced from 511 in IPC  to 358 in BNS. More than 20 sections have been deleted and added, along with substantial re arrangement in the structure of BNS vis-à-vis IPC. Given the significant impact BNS will have on  the lives of each and every person, we anticipate challenges in the seamless adoption of the new  criminal law regime. The need for certainty and clarity in the transition from IPC to BNS is  essential for the efficient adoption of the new criminal law regime. 

Transition from IPC to BNS 

It is abundantly clear that all acts and crimes committed on and after the effective date will be  governed by and punishable under BNS and not IPC. What about crimes committed before the  effective date. 

Section 358 of BNS is the repeal and savings provisions which sets out the transitionary provisions.  Sub-section (2) of Section 358 provides that IPC’s repeal will not affect:  

1. the previous operation of IPC or anything done or suffered under IPC;  
2. any right, privilege, obligation, or liability acquired, accrued, or incurred under IPC;  c. any penalty, or punishment incurred in respect of any offences committed under IPC; d. any investigation or remedy in respect of any such penalty, or punishment;  and 
3. any proceeding, investigation, or remedy in respect of any such penalty or punishment as  aforesaid, and any such proceeding or remedy may be instituted, continued, or enforced, and any  such penalty may be imposed as if IPC had not been repealed. 

The Parliament has also added Section 358(3) to safeguard continuity in the criminal law regime  in situations of transition by creating a deeming fiction that anything done under IPC will be  considered to have been done under the corresponding provisions of BNS. 

BHARATIYA NYAYA SANHITA, 2023 

In 2020, the Ministry of Home Affairs constituted a committee which was headed by Dr. Ranbir  Singh (former VC of NLU Delhi). The committee was tasked with reviewing the existing 3 codes  of criminal laws. 

The Committee’s focus was to ensure the security and safety of communities, individuals, and the  nation. During all the discussions and meetings, the committee’s aim was to uphold constitutional  values such as justice, dignity, and the intrinsic value of each individual. On 11th August 2023, the  centre proposed 3 bills and following standing committee recommendations, amended bills were  reintroduced in Lok Sabha on 12th December,2023 and was approved by both the Houses of  parliament. 

The BNS is among the three criminal laws bills aiming to replace the longstanding IPC,1860 which  will have 358 sections. Changes have been done in 175 sections wherein 8 new sections have been  added and 22 sections have been repealed, It mostly retains IPC provisions, recognized new  offenses, eliminates court-invalidated offenses, and raises penalties for some offenses.  

Highlights of the Bill 

∙ The Bharatiya Nyaya Sanhita, 2023 (BNS) retains most offences from the IPC. It adds  community service as a form of punishment. 

∙ Sedition is no longer an offence. Instead, there is a new offence for acts endangering the  sovereignty, unity and integrity of India.

∙ The BNS adds terrorism as an offence. It is defined as an act that intends to threaten the  unity, integrity, and security to threaten the unity, integrity, and security of the country  intimidate the general public or disturb public order. 

∙ Organised crime has been added as an offence. It includes crimes such as kidnapping,  extortion and cyber-crime committed on behalf of a crime syndicate. Petty organized crime  is also an offence now. 

∙ Murder by a group of five or more persons on grounds of certain identity markers such as  caste, language or personal belief will be an offence with penalty of seven years to life  imprisonment or death.  

CHANGES IN NEW ACT:  

∙ Community service has been included in BNS as a punishment for the first time for petty  offences. 

∙ Punishment for Mob Lynching. 

∙ New offence of organised crime. 

∙ New offences petty organized crime 

∙ New offence of terrorist act  

∙ Change in punishment in hit & run cases. 

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

∙ Mere possession of fake currency notes is no more punishable. 

∙ Scope of offence of theft expanded to cover theft of intangible items like theft of data (eg.  Credit card skimming), identity theft, theft of intangible assets in view of expanded definition  of movable property. 

∙ Snatching 

Section 4(f) of BNS – has introduced a new 6th type of punishment community service. To reduce  the burden on jails, community services has been included in BNS as a punishment for the first  time and It is being given legal status. 

BNS prescribes community services as punishment for petty offence like non appearance in  response to a proclamation, attempt to commit suicide, to compel or restraint exercise of lawful  power of public servant, petty theft on return of theft money, misconduct in public by a drunken  person, defamation etc. 

The term “community services” is not defined in BNS. However it is defined by explanation to  section 23 of BNSS to mean the work which the court may order a convict to perform as a form  of punishment that benefits the community, for which he shall not be entitled to any remuneration. 

Punishment for mob-lynching : Section 103(2) provides that when a group of five or more person  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 groups shall be punished with  death or with imprisonment for life & shall also be liable to fine. 

∙ Section 195 prescribes penalties for disseminating false information whether through  spoken words, signs, writing, representation or electronic means. 

∙ Section 226 stipulates penalty for attempt to commit suicide with intent to restrain exercise  of lawful power. 

∙ Section 101 expands murder grounds, while section 103 penalizes individual acting  together based on the race, caste, sex, place of birth. 

∙ Section 304 identifies snatching as an offense and specifies its penalty. ∙ The death penalty provision is introduced for crime against girls below 18 years of age. 

NEED FOR THESE NEW LAWS 

∙ The existing laws were from the colonial era and they were the exact replica of British  criminal jurisprudence and those were designed to rule and oppress the Indian and not to  serve or provide justice but merely to punish them. 

∙ Many of the sections were irrelevant in current scenario as we as a society has come a long  way and evolved in every aspect as society. 

∙ One of the major needs to constitute these 3 Laws is to make the criminal justice system  more efficient. 

What went wrong? 

∙ Vague Terminologies: Terms like “terrorism”, “organized crime” and “endangering  sovereignty” are very broad, and authorities can misuse them against activists, let alone  an individual. 

∙ IPC Repackaged: Though aimed at consolidation and simplification much of it is mainly  merging and renumbering. Though the colonial terminologies are abolished but the goal  to get a curated code remains unfulfilled. 

∙ Obscenity remains undefined: There is no qualitative or quantitative measure for  obscenity, which may lead to its misuse. The Indian courts use ‘community standard’ test,  which can be highly subjective. 

∙ Marital Rape: BNS was a chance to address and fix this, but it still got a blind eye. The  legislatures failed to understand that there should be no exceptions when it come to sexual  offences. 

CONCLUSION 

The transition from the Indian Penal Code, 1860 to the Bharatiya Nyaya Sanhita, 2023 marks a  defining moment in India’s legal history. While the IPC served as the backbone of criminal law  for over 160 years, it was a colonial legacy shaped by the priorities of a different era. The BNS  seeks to modernize this framework by addressing contemporary crimes, simplifying language, 

and making the law more victim-centric and justice-oriented. However, the true measure of this  transformation lies not merely in legislative change but in its effective implementation, judicial  interpretation, and accessibility to ordinary citizens. The shift reflects India’s aspiration to craft  laws rooted in its own socio-political realities, moving from colonial imposition to indigenous  reform. Thus, the BNS is not just a replacement of statutes—it is a step towards aligning criminal  justice with the evolving values of democracy, fairness, and equity in modern India. 

Reference(S) / Bibliography 

Books:  

∙ Ratanlal & Dhirajlal, The Indian Penal Code (37th ed., LexisNexis 2020). ∙ K.D. Gaur, Textbook on the Indian Penal Code (7th ed., Universal Law Publishing 2021). 

Journals / Articles: 

∙ Abhinav Sekhri, “The Bharatiya Nyaya Sanhita, 2023: A Critical Appraisal,” (2023) 5  Indian Law Review 211. 

∙ Mrinal Satish, “Revisiting Colonial Foundations of Indian Criminal Law,” (2017) 50(2)  Economic and Political Weekly 45. 

∙ “Look Back & more forward: Transition from IPC from BNS,”(2024). Official Sources / Government Websites: 

∙ Ministry of Home Affairs, Government of India, Press Release on Bharatiya Nyaya  Sanhita, 2023 (Aug. 11, 2023), available at https://www.mha.gov.in. 

∙ Lok Sabha Debates, The Bharatiya Nyaya Sanhita Bill, 2023 (Parliament of India). News Reports: 

∙ “Parliament Passes Three New Criminal Law Bills,” The Hindu (Dec. 21, 2023). ∙ “Explained: What Changes with the Bharatiya Nyaya Sanhita?” Indian Express (Dec. 22,  2023).

1 Pr. 1.1 of the 246th Report by the Parliamentary Standing Committee on Home Affairs on “The Bharatiya Nyaya Sanhita, 2023”

2 Pr. 1.2 of the 246th Report by the Parliamentary Standing Committee on Home Affairs on “The Bharatiya Nyaya Sanhita, 2023” 

3 Pr. 1.3 of the 246th Report by the Parliamentary Standing Committee on Home Affairs on “The Bharatiya Nyaya Sanhita, 2023”