! replaces Lord Thomas Babington Macaulay’s Indian Penal Code from 1860
@ Punishment will be given only there is a need to create a sense of crime prevention
& Philosophy of Justices of people like - Vyasa, Atri, Brihaspati, Katyayan, Chanakya, Vatsyayana, Devnath Thakur, Jayant Bhatt, Raghunath Shiromani
$ All three had received the presidential assent on 25 December, 2024 - Good Governance Day

Committees recommended:

Bezharauh
Vishwanathan
Malimath
Madhava Menon
Parliamentary Standing Committee on Home Affairs - 2005, 2006, 2011

Sections changes:

IPC - 511 sections
BNS -
- 358 sections
- 21 new
- period of imprisonment increased in 41 crimes
- fines increased in 82 crimes
- mandatory sentence increased introduced in 25 crimes
- minimum punishment fixed in 23 sections
- community service as punishment in 6 crimes
- 19 sections repealed

Colonial Mindset:

punishment for looting govt treasury
uprooting railway track
insulting British crown

Terminologies:

parliament of the UK
provincial act
notification by the Ground Representative
London Gazette
Lahore govt
United Kingdom of Great Britain and Ireland parliament
Her majesty
Wee the Peers of Privy Council
Court of Justice in England mentioned in more than 30 places

Accountability of Police fixed

if police takes anyone into custody, then information have to be written in an e-register or paper register
any relative nominated by the person have to be informed about the arrest
police officer in the district should also be informed
@ no one now has to apply for habeas corpus

Provisions for Women & Children

young women included in the definition of minor women
life imprisonment for gang rape of an adult women
death penalty for rape of women below 18 years of age
death penalty for gang rape of minor women
harsh punishment for persons who have sexual relations or marry by deceit, false promises of marriage, employment, promotion or disclosure of identity - new category of crime
7 to 10 years for a person abetting the crime by a child
no women shall be arrested after sunset and before sunrise, where such circumstances exist, o woman police officer shall be given a written report, obtain a prior permission from the first class magistrate.

Section 360

victims given the right to present their views

Sections 173, 193, 230

right to information
right to compensation

Snatching (new)

separate provisions for chain snatching and mobile snatching

Sedition = Treason

Section 124(a) - "Words spoken against the govt", abolished
Section 152 - "Against those who break the sovereignty, unity, integrity of India"
& can speak against the govt but not against the country.
punishment - life imprisonment or upto 7 years and fine

Time limit

FIR to be registered within 3 days
for crimes whose punishment is for 3 to 7 years, the preliminary investigation has to be done within 14days.
search report has to be placed before the court within 24 hours
Charge sheet has to be filed within 60 to 90days, but after 90days, order have to be taken from the court
charge sheet cannot be kept pending for more than 180days
$ Any victim can get justice within 3 years.
after the end of the debate, the judge will be able to give the judgement within 30days, but can be extended to 60days for specific reasons
after the end of trial, the judge have to give the judgement within 45 days
copy of the judgement have to be uploaded within 7days of sentencing.

Mercy petition

only the punished person can ask for it
earlier, anyone like NGO or distant relative can do so
petition to be filed within 30 days of the SC rejecting the appeal
a time bound disposal of mercy petitions filed before the President and Governor has been made
for punishment as death penalty, the remission can be life imprisonment and nothing less than this.
for punishment as life imprisonment, the remission can be imprisonment for a period of 7 years
for punishment as 7 years imprisonment, the remission can be jail term of 3 years at least.

Community service

attempting suicides
theft less than 5000 rupees and first time and returning the stolen goods
misbehaving in public under the influence of alcohol
defamation

Zero Fir - Section 173

officer in charge is legally bound to register zero fir and transfer such a case to the respective police station.
non-registration of FIRs may attract penal action under various sections.
inform the victim about the progress made within 90days

Victim centric

if the govt wants to withdraw the case of 7 or more years of imprisonment, then the vic gets the opportunity to be heard

Inciting violence from outside India

Section 48
include acts done by persons who reside outside India and conspire to commit a crime in India

Theft - Section 175

theft of vehicle, govt property, Idol or icon from place of worship
upto 7 years of jail term

Relief to Under trial prisoners

first time offenders - less punishment (one sixth and one fourth) in plea bargaining ie. accepting the crime.
first time offenders - rehabilitation and compassion for justice with him
undertrial prisoner completed half or one third of the term, the jail superintendent will have to immediately apply for bail in writing to the court
release will not be available for under trial prisoner in life imprisonment or death sentence
competent officer will decide within 120 days
if no decision is taken, then the permission for prosecution has been granted.

Organised Crime - Section 111

7 sub section

Petty organised crime - Section 112

sale of public examination question papers
gambling
sale of tickets or unauthorised betting
fraud

Terrorism - Section 113

defined for the first time in sub section 7
of any doubt of what kind of activity will come under, then an officer of the rank of SP will decide upon

Handcuffs:

Section 43 of BNSS-II allows a police officer to use handcuffs while making an arrest or producing such a person in court, keeping in view the nature and gravity of the offence.
Can be used on a person
- who is a habitual or repeat offender, or
- who escaped from custody, or
- who has committed an offence of
  - organised crime,
  - terrorist act,
  - drug-related crime, or
  - illegal possession of arms and ammunition,
  - murder,
  - rape,
  - acid attack,
  - counterfeiting of coins and currency notes,
  - human trafficking,
  - sexual offence against children, or
  - offence against the State.
Supreme Court has held in the past that handcuffing is prima facie inhuman, unreasonable, arbitrary and as such repugnant to Article 21, ruling that in the extreme circumstances that a prisoner needs to be handcuffed, the escorting authority must record reasons for doing so, and the police need to obtain special orders from the magistrate for the same.

Plea against exclusion of provision for unnatural sex

exclusion of penal pro-visions for the offences of unnatural sex and sodomy from the Bharatiya Nyaya Sanhita (BNS), which re-placed the Indian Penal Code (IPC).
excludes any provision equivalent to Section 377 (unnatural offences) of the IPC due to which every person, especially from the LGBTQ community, will be affected.

Hit and run Cases

The drivers of vehicle of more than 6 wheels are mostly very declined on road. So according to experts who are like scooty bike riders there should be no law

By the way the law is not specific to truck drivers but any vehicle on road but Truck drivers are only picked by Congress because their strikes can cripple Nation

Do you know why and How President Zail Singh was killed?

He was killed when a speeding truck coming from wrong side hit his car and disappeared. President was going to C'Ghar to expose Sonia Gandhi in a Press conference

So when Rahul Gandhi jumped on Truck for camera, I knew that very moment that strike is on the cards

Culpable Homicide

BNS - • Section 106(1) provides for a punishment of upto 5 years. • Section 106(2) provides for a punishment of upto 10 years in 'hit and run' cases.

The duration of sentences in hit-and-run cases has been increased to 10 years because of the observations made by the Supreme Court. The Supreme Court has stated in multiple cases that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone's death, and then flee the scene.

• From sub-sections 106(1) and 106(2) of the BNS (Indian Penal Code), it is evident that: - If a person immediately reports to a police officer or magistrate about the accident caused by reckless driving the individual will not be charged under subsection 106(2).

Instead, the person will be charged under subsection 106(1), where the sentence is lesser, i.e. up to 5 years. Whereas sub-section 106(2) provides for a sentence of up to 10 years. Section 106(1) is still a bailable offence, while Section 106(2) has been made non-bailable.

Section 196 and 197 and 353

The ECI letter drew Kejriwal’s attention to

Sections 196 (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony),
197 (imputations, assertions prejudicial to national integration) and
353 (statements conducing to public mischief)

Bharatiya Nyaya Samhita (BNS)