In This blog we will learn about those 12 sections which is added in BHARATIYA NYAYA SANHITA 2023(BNS).
Let's Start- Section 2(3) of BNS - “child” means any person below the age of eighteen (18) years.
Section 95 of BNS - Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Explanation. —Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
Section 106(2) of BNS - Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine (not enforce).
Section 117(4) of BNS - When a group of five or more persons acting in concert, causes grievous hurt to a
person on the ground of his race, caste or community, sex, place of birth, language, personal
belief or any other similar ground, each member of such group shall be guilty of the offence
of causing grievous hurt, and shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
Section 103(2) - When a group of five or more persons acting in concert commits murder on the
ground of race, caste or community, sex, place of birth, language, personal belief or any
other similar ground each member of such group shall be punished with death or with
imprisonment for life and shall also be liable to fine.
Section 111 of BNS - (1) Any continuing unlawful activity including kidnapping, robbery, vehicle
theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking
of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or
ransom, by any person or a group of persons acting in concert, singly or jointly, either as a
member of an organised crime syndicate or on behalf of such syndicate, by use of violence,
threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or
indirect material benefit including a financial benefit, shall constitute organised crime. Explanation. — For the purposes of this sub-section,
(i) organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity.
(ii) continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence;
(2) Whoever commits organised crime shall, —
(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees.
(b) in any other case, be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than five lakh rupees.
(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
(4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
(i) organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity.
(ii) continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence;
(iii) economic offence” includes criminal breach of trust, forgery, counterfeiting
of currency-notes, banknotes and Government stamps, hawala transaction,
mass-marketing fraud or running any scheme to defraud several persons or doing any
act in any manner with a view to defraud any bank or financial institution or any other
institution or organisation for obtaining monetary benefits in any form.
(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees.
(b) in any other case, be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than five lakh rupees.
(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
(4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
(5) Whoever, intentionally, harbours or conceals any person who has committed the
offence of an organised crime shall be punished with imprisonment for a term which shall
not be less than three years but which may extend to imprisonment for life, and shall also be
liable to fine which shall not be less than five lakh rupees:
Provided that this sub-section shall not apply to any case in which the harbour or
concealment is by the spouse of the offender.
(6) Whoever possesses any property derived or obtained from the commission of an
organised crime or proceeds of any organised crime or which has been acquired through
the organised crime, shall be punishable with imprisonment for a term which shall not be
less than three years, but which may extend to imprisonment for life and shall also be liable
to fine which shall not be less than two lakh rupees.
(7) If any person on behalf of a member of an organised crime syndicate is, or at any
time has been in possession of movable or immovable property which he cannot satisfactorily
account for, shall be punishable with imprisonment for a term which shall not be less than
three years but which may extend to imprisonment for ten years and shall also be liable to
fine which shall not be less than one lakh rupees.
Section 112 of BNS - (1) Whoever, being a member of a group or gang, either singly or jointly, commits
any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting
or gambling, selling of public examination question papers or any other similar criminal act,
is said to commit petty organised crime. Explanation. — For the purposes of this sub-section "theft" includes trick theft, theft
from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through
card skimming, shoplifting and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment
for a term which shall not be less than one year, but which may extend to seven years, and
shall also be liable to fine.
Section 69 of BNS - Whoever, by deceitful means or by making promise to marry to a woman without
any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse
not amounting to the offence of rape, shall be punished with imprisonment of either
description for a term which may extend to ten years and shall also be liable to fine.Explanation. — “deceitful means” shall include inducement for, or false promise of
employment or promotion, or marrying by suppressing identity.
(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine
Section 152 of BNS - Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.
Explanation. –– Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
Section 226 of BNS - Whoever attempts to commit suicide with the intent to compel or restrain any
public servant from discharging his official duty shall be punished with simple imprisonment
for a term which may extend to one year, or with fine, or with both, or with community
service.
Section 113 of BNS -. (1) Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country, ––
(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause, —
(i) death of, or injury to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
(iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or
(v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act, commit a terrorist act.
Explanation. —For the purpose of this sub-section, —
(a) “public functionary” means the constitutional authorities, or any other functionary notified in the Official Gazette by the Central Government as public functionary.
(b) “counterfeit Indian currency” means the counterfeit currency as may be
declared after examination by an authorised or notified forensic authority that such
currency imitates or compromises with the key security features of Indian currency.
(b) in any other case, be punished with imprisonment for a term which shall not
be less than five years, but which may extend to imprisonment for life, and shall also
be liable to fine.
(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life and shall also be liable to fine.
Explanation. —For the removal of doubts, it is hereby declared that the officer not
below the rank of Superintendent of Police shall decide whether to register the case under
this section or under the Unlawful Activities (Prevention) Act, 1967.
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