Bharatiya suraksha Nyaya Sanhita (IPC).pptx

Law related

1. SENSITIZATION PROGRAMME ON “BHARATIYA NYAYA SANHITA” (Formerly IPC)

2. Introduction

3. Bharatiya Nyaya Sanhita (BNS) Change: It will have 358 sections (instead of 511 sections of IPC ) 20 new crimes have been added Imprisonment sentence has been increased in 33 crimes The amount of fine has been increased in 83 crimes Mandatory minimum punishment has been introduced in 23 crimes The penalty of community service has been introduced in 6 crimes 19 sections have been repealed/removed

4. Key Features of BNS I Crimes against women and children The Bharatiya Nyaya Sanhita has introduced a new chapter titled 'Crimes against women and children' to deal with sexual crimes . This bill is proposing changes in the provisions related to rape of women below 18 years of age . Provision related to gang rape of a minor girls to become consistent with POCSO . In the case of girls below 18 years of age, a provision has been made for life imprisonment or death penalty .

5. I Crimes against women and children ( contd ……) Provision of 20 years imprisonment or life imprisonment in all cases of gang rape. A new crime category of gang rape of a woman under 18 years of age. Provides for targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true intention to marry.

6. Key Features of BNS II Terrorism Terrorism has been defined for the first time in the Bharatiya Nyaya Sanhita . It has been made a punishable offence .

7. II Terrorism ( contd ….) Explanation: Bharatiya Nyaya Sanhita 113. (1) “Whoever, with intent to endanger or is likely to endanger the unity , integrity , sovereignty , security or economic security or sovereignty of India or to cause or spread terror among the public or any section of the public in India or in any foreign country, commits any act using bombs, dynamite, explosive substances, poisonous gases, nuclear with intent to cause death to any person or persons, damage to property, or manufacture or smuggling of currency or so he commits terrorist acts”

8. II Terrorism ( contd ….) Terrorist acts are punishable with death penalty or life imprisonment without parole A range of terrorist offenses have also been introduced . It is a crime to destroy public facilities or private property Acts which cause 'widespread loss by reason of damage or destruction of critical infrastructure' are also covered under this section

9. III Organized Crime A new criminal section related to organized crime has been added . Organized crime has been defined for the first time in Bharatiya Nyaya Sanhita 111. (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 organized 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 organized crime .”

10. III Organized Crime ( Contd ….) Illegal activity done by syndicate has been made punishable. The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of India. Small organized crimes have also been criminalized, punishable with imprisonment of up to 7 years. The provisions related to this are in section 112.

11. III Organized Crime ( Contd ….) Economic offenses are also defined as : includes acts such as tampering with currency notes, bank notes and government stamps, running any scheme or embezzlement in any bank/financial institution ; In organized crime, if a person is killed, the accused can be sentenced to death or life imprisonment . A fine will also be imposed, which will not be less than Rs.10 lakh . Provision for punishment has also been made for those who help in organized crime.

12. OTHER IMPORTANT PROVISIONS: New provision on mob lynching : A new provision on crime related to murder committed on the basis of race, caste, community etc. has been included, for which a provision of life imprisonment or death penalty has been made . A new provision related to snatching also There will now be more severe penalties for serious injuries that result in near-disability or permanent disability.

13. VICTIM-CENTRIC: Victim-centric reforms in the criminal justice system have 3 key features: Right to Participation (Opportunity for the victim to express his views, BNSS 360 ) Right to Information (BNSS Section 173, 193 and 230 ) Right to compensation for loss And all these three features have been ensured in the new laws.

14. The practice of filing zero FIR has been institutionalized (BNSS 173) FIR can be lodged anywhere, irrespective of the area in which the crime took place. Victim's right to information Victim has the right to get a copy of the FIR free of cost . Informing the victim about the progress in the investigation within 90 days . Provides victims with an important right to information about the details of their case through mandatory provision of police reports, FIRs, witness statements, etc . Provisions have been included to provide information to victims at various stages of investigation and trial.

15. Treason: Sedition – Sedition has been completely removed . Crime under Bharatiya Nyaya Sanhita Section 152 : To encourage the sentiments of separatist activities Threatens the sovereignty or unity and integrity of India ; IPC Section 124A talks about “against the Government”, but Bharatiya Nyaya Sanhita Section 152 talks about “ sovereignty or unity and integrity of India ”. There was no mention of 'intent or purpose' in the IPC, but in the new law there is mention of 'intent' in the definition of treason, which provides safeguards for freedom of expression. Now words like hatred, contempt have been removed and words like ‘armed rebellion, destructive activities, separatist activities’ have been included .

16. Bharatiya Nyaya Sanhita Section 152 : “Whoever, knowingly or purposefully, by words spoken or written, or by signs, or by visible representation, or by electronic communication, or by the use of financial means, or otherwise, incites secession or armed rebellion or subversive activities or attempts to incite, or encourage feelings of secessionist activities or threaten the sovereignty or unity and integrity of India; or is involved in or involved in any such act, shall be punished with imprisonment for life or imprisonment which may extend to seven years and may also be liable to fine .”

17. Thank you KRANTHI KUMAR GADIDESI, IPS DIG/DIRECTOR, CDTI, HYDERABAD