A New Era in Indian Criminal Law

The Bharatiya Nyaya Sanhita (BNS), 2023 represents the most significant overhaul of India’s criminal law framework since independence. Replacing the Indian Penal Code (IPC) of 1860, the BNS came into effect on July 1, 2024, along with the Bharatiya Nagarik Suraksha Sanhita (BNSS) replacing the CrPC and the Bharatiya Sakshya Adhiniyam (BSA) replacing the Indian Evidence Act.

For businesses, legal professionals, and citizens, understanding the key changes introduced by the BNS is essential for compliance, risk management, and effective legal strategy.

Key Changes from IPC to BNS

The BNS contains 358 sections compared to the IPC’s 511 sections, reflecting a consolidation and rationalization of criminal law provisions. Several archaic provisions have been deleted, while new offences addressing contemporary challenges have been introduced.

Community service has been introduced as a form of punishment for certain minor offences, providing an alternative to incarceration. The definition of organized crime has been expanded and given a dedicated section. New provisions addressing mob lynching, petty organized crime, and acts endangering the sovereignty and integrity of India have been introduced. The offence of sedition (IPC Section 124A) has been replaced with a more specific provision on acts endangering sovereignty (BNS Section 152).

Impact on Commercial and Business Law

For businesses and commercial transactions, several BNS provisions are particularly relevant. Section 318 BNS (replacing IPC 420) deals with cheating and dishonestly inducing delivery of property, with enhanced provisions for technology-enabled fraud. Section 316 BNS (replacing IPC 406) addresses criminal breach of trust. Section 319 BNS deals with cheating by personation, now expanded to include digital and online impersonation.

The BNS introduces clearer definitions and enhanced penalties for offences involving electronic and digital transactions, reflecting the increasing digitization of commerce. Businesses must update their compliance frameworks and contractual language to align with the new legal provisions.

Transitional Provisions

Cases registered under the IPC before July 1, 2024 continue to be governed by the IPC provisions. New cases filed after this date fall under the BNS framework. This transitional period requires legal practitioners to be well-versed in both the old and new laws to effectively represent clients across the transition.