Redefining Criminal Law: Key Changes Introduced by the Bharatiya Nyaya Sanhita, 2023

Redefining Criminal Law: Key Changes Introduced by the Bharatiya Nyaya Sanhita, 2023

Introduction

With the enactment of new criminal laws in India in 2023, the country’s justice system has undergone a significant transformation. The primary objective of the legislature in introducing these Acts was to modernize India’s 160-year-old criminal justice system and to replace laws that were introduced during the colonial period. With the advancement of society, the nature and severity of crimes have also increased, creating an urgent need to incorporate new provisions within the criminal law framework. These changes have helped make justice more accessible and effective.

The recent legislative reforms have brought substantial modifications to various criminal provisions. In several areas, punishments have been made more stringent to deter serious offences and to enhance public safety.

Among the three Acts that were renamed and re-enacted in 2023, the Bharatiya Nyaya Sanhita has undergone substantial changes, making it a key legislative development. The statute dealing with criminal offences and their corresponding punishments has been restructured, giving India’s criminal law framework a renewed and modernized foundation.

In the following article, we will examine some of the major changes introduced under the Bharatiya Nyaya Sanhita, 2023 and analyze their significance.

Key Changes Under the Bharatiya Nyaya Sanhita, 2023

1. Community Service as Punishment for the First Time for Petty Offences

Section 4 of the Bharatiya Nyaya Sanhita, 2023 enumerates the types of punishments that may be imposed under the new criminal law.

These include:
(a) Death;
(b) Imprisonment for life;
(c) Imprisonment, which is of two descriptions, namely: (1) Rigorous, that is, with hard labour; (2) Simple;
(d) Forfeiture of property;
(e) Fine;
(f) Community Service

One of the significant developments in the Bharatiya Nyaya Sanhita, 2023 is the introduction of community service as a recognized form of punishment. Under the Indian Penal Code, 1860, Section 53 defined only six types of punishments, whereas the new Act has introduced community service as an additional one. Community service was introduced to give offenders a chance to reform. The Supreme Court in Narotam Singh v. State of Punjab[1] emphasised that the primary aim of criminal law should be a “reformative approach to punishment.” Subsequently, the Law Commission of India, in its 156th Report, revisited the idea of introducing community service as an alternative punitive measure.[2]

The primary object should always be to prevent first-time offenders from turning into hardened criminals due to environmental influences caused by placing them in jail alongside habitual offenders.

2. Recognition of Terrorism as a Distinct Criminal Offence

The Bharatiya Nyaya Sanhita, 2023 for the first time criminalized terrorism, addressing acts that threaten the nation’s unity, integrity, sovereignty, security, or economic security of India. The requisites of a “terrorist act” are detailed under Section 113 of the Act. This provision was introduced in response to the increasing incidence of terrorism in India and the perceived absence of a comprehensive statutory framework within the general criminal law to punish such grave offences. The recent Pahalgam terror attack[3], in which terrorist groups attacked several visitors in Pahalgam, Jammu and Kashmir, serves as a stark contemporary example of the kind of violence this provision seeks to address.

3. Punishment for Mob Lynching

Mob lynching may generally be understood as an act of violence by a group of people on the basis of allegations, prejudice, or suspicion, or with the intention of creating fear or intimidating a group. Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 provides that 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 ground, each such member shall be punished with death or imprisonment for life and shall also be liable to fine. Mob lynching has emerged as a serious and increasingly frequent form of violence. In 2018, the Supreme Court in Tehseen S. Poonawalla v. Union of India[4] referred to mob lynching as a “horrendous act of mobocracy.” The 2020 Palghar case[5] is a significant instance of mob lynching in India, where two sadhus and their driver were killed by a mob on suspicion of being child kidnappers.

4. Organised Crime: A New Offence

A new offence of organised crime has been introduced under Section 111 of the Bharatiya Nyaya Sanhita, 2023, which states that any continuing unlawful activity, including:
a. Kidnapping
b. Robbery
c. Vehicle theft
d. Extortion
e. Land grabbing
f. Contract killing
g. Economic offence
h. Cyber-crimes
i. Human trafficking for prostitution or ransom

carried on by a person or a group of persons, whether acting in concert, individually, or as a member of an organised syndicate, constitutes organised crime. The need to introduce these specific provisions arose due to the increasing incidence of such crimes. Section 112 of the Bharatiya Nyaya Sanhita, 2023 further defines “petty organised crime,” recognizing smaller but frequent organised offences within the criminal law framework.

5. Increased Punishment for Hit-and-Run Cases

Section 106 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever causes death by any rash or negligent act, not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years. Under the Indian Penal Code, 1860, the maximum punishment for such an offence was two years; it has now been increased to five years. Further, Section 106(2) provides that where the offender escapes from the scene of the incident without reporting it to a police officer or Magistrate, the punishment shall be more severe, extending up to a maximum of ten years of imprisonment along with a fine.

6. Replacement of Sedition with Acts Endangering Sovereignty

Sedition has been understood as an act of inciting rebellion against the government. The Bharatiya Nyaya Sanhita, 2023 has omitted Section 124A of the Indian Penal Code, 1860, under which sedition was a punishable offence. The earlier provision has been replaced by Section 152 of the Bharatiya Nyaya Sanhita, which introduces a new offence relating to the endangering of the sovereignty and unity of India. Section 152 states that whoever, with intention or knowledge, whether by words spoken or written, by visible representation, or through electronic communication, excites or attempts to excite secession or armed rebellion, or encourages separatist activities that endanger the sovereignty and unity of India, shall be punished with imprisonment for life or imprisonment which may extend to seven years, along with a fine.

7. Snatching as a Distinct Offence

Snatching is among the most common forms of crime not only in India but across many countries. The legislature has taken note of the increasing incidents of chain snatching, mobile phone theft, and other similar offences, and has therefore created a separate provision by recognizing snatching as a distinct offence under Section 304 of the Bharatiya Nyaya Sanhita, 2023 with more severe punishment. Snatching is a form of theft where the offender suddenly, quickly, or forcibly seizes or grabs movable property from a person or from their possession. The sudden and forcible nature of this offence makes it a highly traumatic experience for victims, and the creation of a separate provision helps in addressing such crimes more effectively.

8. Sexual Intercourse by Employing Deceitful Means

Section 69 of the Bharatiya Nyaya Sanhita, 2023 is a new and distinct provision that specifically criminalizes sexual intercourse obtained through deceitful means. It provides that whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling such promise, has sexual intercourse with her, not amounting to rape, shall be punished with imprisonment which may extend up to ten years and shall also be liable to fine. There have been numerous cases where such complaints were filed before courts, and therefore the introduction of this provision was considered necessary. The explanation to this section defines “deceitful means” to include:

a. False promise of employment or promotion
b. Marrying by suppressing identity

These are only two examples, and since the term “includes” is used, the definition is not exhaustive; various other situations may also fall within its scope.

In the recent case of Prem Netam v. State of Chhattisgarh,[6] the court held that the mere non-performance of a promise, without evidence of dishonest intent from the beginning, does not constitute an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023. Therefore, intention plays a crucial role in determining liability under this provision.

9. De-criminalisation of Unnatural Offences

The Indian Penal Code, 1860 under Section 377 criminalized “unnatural” or “carnal intercourse against the order of nature.” However, this provision has been omitted in the Bharatiya Nyaya Sanhita, 2023. This change follows the 2018 Supreme Court ruling in Navtej Singh Johar v. Union of India,[7] which held that Section 377 was unconstitutional to the extent that it criminalized consensual homosexual acts between adults. The omission of Section 377 in the Bharatiya Nyaya Sanhita, 2023 is therefore consistent with the constitutional position established by the Supreme Court.

Conclusion

The Bharatiya Nyaya Sanhita, 2023 represents a comprehensive modernization of India’s criminal law framework. By introducing new offences such as terrorism, organised crime, snatching, and sexual intercourse by deceitful means, while simultaneously enhancing punishments in existing areas and decriminalizing constitutionally invalidated provisions, the legislature has made a significant attempt to align the criminal law with contemporary realities. These reforms are a necessary step to make the law more effective, equitable, and responsive to the challenges of the twenty-first century.

References

[1] Narotam Singh v. State of Punjab, AIR 1978 SC 1542.
[2] Sanya Singh, Community Service Sentencing: An Alternative Reformative Approach to Criminal Justice in India, SCC Online Blog (Feb. 10, 2026), https://www.scconline.com/blog/post/2026/02/10/community-service-sentencing-alternative-reformative-criminal-justice-india/.
[3] Press Information Bureau, Government of India, PRID=2128747 (Apr. 2025), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2128747.
[4] Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.
[5] 2020 Palghar Mob Lynching, Wikipedia (last visited Apr. 11, 2026), https://en.wikipedia.org/wiki/2020_Palghar_mob_lynching. 
[6] Prem Netam v. State of Chhattisgarh.
[7] Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.