— Petty Organized Crime: For the first time, smaller-scale crimes like vehicle theft and pick-pocketing, when committed by groups, are formally recognized under petty organized crime.

— Mob Lynching: The BNS makes it a specific offence to commit acts of violence in groups based on characteristics such as race, caste, or personal beliefs, aiming to tackle communal violence more directly.

— Deceitful Promise to Marry: It criminalizes sexual relations obtained through false promises of marriage, addressing issues of consent and deceit.

— Attempt to Commit Suicide: The BNS introduces a provision criminalizing suicide attempts that aim to coerce or obstruct public officials, addressing concerns about self-harm in protest contexts.

Revised Legal Provisions:

(i) Sedition: BNS introduces the offence of sedition under a new name and with a wider definition. It penalises the following: (i) exciting or attempting to excite secession, armed rebellion, or subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering the sovereignty or unity and integrity of India.

Mandatory Minimum Sentences: Certain serious crimes now carry strict penalties, including death or life imprisonment, which limits judicial discretion. The BNS has reinstated IPC Section 303 through Section 104, overturning the Mithu Singh vs. State of Punjab ruling. Section 104 dictates that any life convict who commits murder will be punished with either death or life imprisonment for the remainder of their natural life. This provision reintroduces capital punishment for such cases, a measure previously invalidated by the Supreme Court in 1983 for violating constitutional rights.

Death by Negligence: The BNS increases penalties for causing death through negligence. Individuals causing death by rash or negligent acts can face up to five years in prison and a fine. Registered medical practitioners committing negligence during medical procedures may be sentenced to up to two years in prison and fined. Additionally, those causing death through rash driving and failing to report the incident to authorities can be punished with up to ten years in prison and a fine.

Alignment with Supreme Court Rulings:

— Adultery and Gender Neutrality: The BNS conforms to some decisions of the Supreme Court. These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict. BNS also omits S. 377 of IPC i.e. Unnatural offences which was read down by the Supreme Court.

Introduction of new class of punishment ‘Community Service’:

— The BNS incorporates community service as a form of punishment for minor offences, reflecting a shift towards rehabilitative and restorative justice rather than purely punitive measures.

Removal of certain provisions:

— Weights and Measures: Offences related to weights and measures are now governed by the Legal Metrology Act, 2009, and have been removed from the BNS.

— Thugs: The BNS removes outdated provisions related to “thugs,” which had colonial overtones and were criticized for their historical context.

Enhanced Gender Neutrality:

— The BNS updates several legal provisions to be more inclusive and gender-neutral, particularly in relation to children and transgender individuals, ensuring that laws reflect modern understandings of gender and identity.

In summary, the Bharatiya Nyaya Sanhita, 2023 represents a significant reform in India’s criminal law. It updates the laws by addressing current issues and replacing outdated colonial-era provisions.