FAQs on the Bharatiya Nyaya Sanhita, 2023

Get quick answers! FAQs on the Bharatiya Nyaya Sanhita (BNS), 2023. Clear your doubts and understand the key reforms shaping India’s new criminal justice framework.

FAQs on the Bharatiya Nyaya Sanhita, 2023

1) What is the Bharatiya Nyaya Sanhita (BNS), 2023?

Answer: It is a new criminal code enacted to replace the Indian Penal Code, 1860, as part of India's legal reform initiative.

2) When was the BNS passed and notified?

Answer: It was passed by Parliament in December 2023 and received Presidential assent on 25 December 2023.

3) When did the BNS come into force?

Answer: The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, officially replacing the Indian Penal Code, 1860.

4) How many sections does the BNS contain?

Answer: BNS contains 358 sections, compared to 511 sections in the IPC.

5) What are some of the significant new offences introduced under the Bharatiya Nyaya Sanhita, 2023 (BNS)?

Answer: Significant new offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) include organised crime, mob lynching, snatching and terrorism. It also criminalises sexual intercourse obtained by deceit, employing children in crimes, and acts threatening India's sovereignty and integrity.

6) How does BNS affect ongoing cases under IPC?

Answer: Cases registered before 1 July 2024 will continue under IPC; BNS applies prospectively unless specified otherwise.

7) Has sedition been repealed in the BNS?

Answer: Yes, Section 124A of the IPC (Sedition) has been omitted. However, Section 152 of the BNS introduces the offence of “acts endangering the sovereignty, unity and integrity of India,” which is seen as a reformulation of sedition in broader terms.

8) Can a child under 7 years commit an offence?

Answer: No, such acts are exempt under general exceptions (Section 20, Chapter III) of BNS.

9) When multiple persons act with common intention, are they all liable?

Answer: Yes, each person is equally liable as if they committed the act alone [Section 3(5) of BNS].

10) When does the right to private defence begin?

Answer: As soon as a reasonable apprehension of danger arises.

11) What constitutes abetment?

Answer: Abetment is the act of instigating, conspiring, or intentionally aiding another person to commit an offence. (Section 45 of BNS)

12) What is ‘mens rea’ and why is it important under BNS?

Answer: Mens rea refers to the guilty mind or the intent behind committing a crime. Under BNS, proving mens rea is crucial in offences like criminal conspiracy, cheating, and defamation because it establishes the accused's deliberate or dishonest intention.

13) What is the Doctrine of Transferred Malice?

Answer: The Doctrine of Transferred Malice, also known as transmigration of motive, holds that if a person intends to harm one individual but unintentionally harms another, the original malicious intent is transferred to the actual victim. The accused is still held liable as if the intended harm was done to the person actually injured.

14) What was held in Ashok Saxena v. State of Uttarakhand (2025)?

Answer: In this case, the Supreme Court reaffirmed the doctrine of transferred malice while overturning the High Court’s order of acquittal. It ruled that when an accused intends to kill one person but unintentionally causes the death of another, the principle of transferred malice applies in full force. The Court underscored that criminal intent remains intact and attaches to the act, irrespective of the actual victim.

15) Is community service a new form of punishment in Indian criminal law?

Answer: Yes. The BNS formally introduces community service [Section 4(f)] as a recognized punishment for the first time in Indian criminal law, marking a significant departure from the traditional focus on retributive justice.

16) What was held in Gyanendra Singh @ Raja Singh v. State of U.P. (2025)?

Answer: The Supreme Court held that where the same act attracts punishment under both the IPC/ BNS and POCSO, the court must impose the more stringent punishment. In this case, the Court upheld a sentence of life imprisonment for the remainder of natural life under IPC/ BNS provisions, which were stricter than POCSO’s.

17) What does Section 36 of the Bharatiya Nyaya Sanhita (BNS), 2023 state?

Answer: Section 36 states that the right of private defence applies even against acts committed by persons who lack legal responsibility due to unsoundness of mind, intoxication, youth, or misconception, as long as the act poses a real threat.

18) Which chapter of the BNS, 2023 deals with religious offences?

Answer: Chapter XVI of the BNS, 2023 is titled "Of Offences Relating to Religion" and covers Sections 298 to 302, replacing Chapter XV of the Indian Penal Code, 1860

19) How does Section 299 address the issue of hate speech?

Answer: Section 299 punishes deliberate and malicious acts intended to outrage religious feelings, including through spoken/written words, signs, and electronic means. It carries a penalty of up to 3 years imprisonment, a fine, or both.

20) What does Section 355 of the BNS, 2023 deal with?

Answer: Section 355 penalizes individuals who, while intoxicated, appear in a public place or a place they are not lawfully entitled to enter, and behave in a manner that annoys others.

21) If a person establishes that the possession of a forged or counterfeit coin, stamp, currency-note or bank-note is from a lawful source, can it still be an offence under the Bharatiya Nyaya Sanhita (BNS), 2023?

Answer: No. According to the Explanation of Section 180, if a person can prove that they obtained the forged or counterfeit item from a lawful source, it does not constitute an offence under the BNS. This means that mere possession is not punishable unless:

• The person knew or had reason to believe it was counterfeit, and
• There was an intention to use it as genuine.

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