Part – 1
Newly Added Sections in Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code, 1860, marking a significant shift in India’s criminal justice framework. While several offences have been retained with revised numbering, the BNS introduces new sections aimed at addressing contemporary crimes and strengthening victim-centric justice.
One of the important additions is Section 2(3), which defines a child as a person below eighteen years of age. This uniform definition ensures consistency across criminal provisions and enhances protection for minors.
Section 48 extends criminal liability to cases where abetment takes place in India for offences committed outside the country. This provision addresses jurisdictional gaps and responds to the growing challenge of cross-border criminal activities.
A socially significant reform is Section 69, which criminalises sexual intercourse obtained by deceitful means such as false promises of marriage or suppression of identity. The provision clarifies that consent obtained through fraud does not constitute valid consent under criminal law.
Further, Section 95 penalises the act of hiring, employing, or using a child to commit any offence, thereby targeting exploitation of minors in organised and serious crimes.
In conclusion, the newly added sections in the Bharatiya Nyaya Sanhita, 2023 reflect a move towards a modern, socially responsive, and justice-oriented criminal law system. This article serves as the foundation for a continuing series examining the key reforms under the new criminal law regime.
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