BNS Series – Insight No. 2
Newly Added Sections of the Bharatiya Nyaya Sanhita, 2023-

The Bharatiya Nyaya Sanhita, 2023 (BNS) introduces several new and strengthened penal provisions to address modern forms of crime such as group violence, mob lynching, discriminatory killings, and accountability in abetment cases.
These provisions are highly important for judiciary examinations, as they reflect a shift from individual-centric liability to collective and aggravated criminal responsibility.
This article explains four newly added sections of BNS in a clear and exam-focused manner.

Section 103(2) BNS – Murder by a Group of Persons:

  • Section 103(2) of the Bharatiya Nyaya Sanhita deals with murder committed by a group of five or more persons acting in concert.
  • This provision specifically applies when murder is committed on discriminatory grounds such as:
    Race, Caste, Community, Religion, Place of birth.
  • The law recognizes that such killings are not ordinary murders but targeted, collective violence motivated by identity-based hatred.

Punishment

The punishment prescribed is death penalty or imprisonment for life.

Judiciary Exam Relevance

This section is crucial because it:

  • Recognizes group liability
  • Treats discriminatory killings as aggravated offences,
  • Reflects constitutional values of equality and fraternity.

Section 106(2) BNS – Abetment of Suicide with Failure to Report

Section 106(2) introduces a significant change by expanding the liability of a person who abets the commission of suicide.

This section applies when the a better: 

  • Escapes from law, or
  • Fails to report the act to authorities after the suicide
  • The focus is not only on abetment but also on post-offence conduct.

Punishment

The offender may be punished with rigorous imprisonment up to 10 years, and Fine.

Key Legal Insight

The BNS imposes responsibility not merely for causing the act, but also for evading accountability. Silence and absconding are treated as serious aggravating factors.

Section 103(2) BNS – Murder by a Group of Persons:

  • Section 103(2) of the Bharatiya Nyaya Sanhita deals with murder committed by a group of five or more persons acting in concert.
  • This provision specifically applies when murder is committed on discriminatory grounds such as:
    Race, Caste, Community, Religion, Place of birth.
  • The law recognizes that such killings are not ordinary murders but targeted, collective violence motivated by identity-based hatred.

Punishment

The punishment prescribed is death penalty or imprisonment for life.

Judiciary Exam Relevance

This section is crucial because it:

  • Recognizes group liability
  • Treats discriminatory killings as aggravated offences,
  • Reflects constitutional values of equality and fraternity.

Section 106(2) BNS – Abetment of Suicide with Failure to Report :-

Section 106(2) introduces a significant change by expanding the liability of a person who abets the commission of suicide.

This section applies when the a better: 

  • Escapes from law, or
  • Fails to report the act to authorities after the suicide
  • The focus is not only on abetment but also on post-offence conduct.

Punishment

The offender may be punished with rigorous imprisonment up to 10 years, and Fine.

Key Legal Insight

The BNS imposes responsibility not merely for causing the act, but also for evading accountability. Silence and absconding are treated as serious aggravating factors.

Section 117(3) BNS – Causing Hurt Resulting in Permanent Disability or Vegetative State

Section 117(3) addresses situations where hurt caused by an offender leads to extremely severe consequences, such as:

  • Permanent disability, or
  • Persistent vegetative state

This provision fills the gap between ordinary hurt and homicide-related offences.

Punishment

Rigorous imprisonment up to 10 years, and Fine.

Exam Tip

For judiciary exams, always distinguish this offence from:

Simple hurt & Grievous hurt. The result of the act (long-term irreversible harm) is the deciding factor for enhanced punishment.

Section 117(4) BNS – Mob Lynching

Section 117(4) formally recognizes mob lynching as a distinct and serious criminal offence under Indian criminal law.

  • This section applies when:
  • A group of persons, acting as a mob,
  • Attacks an individual,
  • Resulting in hurt or death
  • The emphasis is on organized group violence, often driven by suspicion, prejudice, or social hatred.

Punishment

Death penalty or imprisonment for life, and Fine

Legal Significance

This is a landmark provision because:

  • Mob lynching is no longer dealt with indirectly
  • Collective violence is punished at the highest level
  • It strengthens the rule of law against vigilante justice

Conclusion

The Bharatiya Nyaya Sanhita, 2023 reflects a modern, victim-centric and accountability-driven criminal justice approach.

Sections 103(2), 106(2), 117(3), and 117(4) are especially important for:

Judiciary aspirants, Law students, Competitive exams.

They highlight the shift towards punishing collective crimes, discriminatory violence, and evasion of justice more severely.

Quick Revision Tip

Save this article for BNS last-minute revision and stay tuned for Insight No. 3 in this series.

Stay tuned to MAJESTIC LAW ACADEMY for more legal updates

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