Professional Documents
Culture Documents
Submitted to Submitted by
Dr. Ram Manohar Lohia National Law University 5th Semester, Section ‘B’
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DECLARATION
I hereby declare that my project work titled “Differences between the Indian Penal Code and
Bharatiya Nyaya Sanhita Bill” submitted to the Law Department, Dr. Ram Manohar Lohia
National Law University, Lucknow is a record of an original work done by me under the
guidance of Dr. Kumar Askand Pandey and this project work is submitted in the partial
fulfillment of the requirements for the award of the degree of B.A. LLB.(Hons). This project
work has not been submitted to any other University or Institute for the award of any degree
or diploma.
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ACKNOWLEDGEMENT
I would like to express profound gratitude to Dr. Kumar Askand Pandey, Associate Prof.
(Law), who gave me the opportunity to work on this project and allowed me to develop the
skills and acquire the necessary knowledge to complete this project. I would also like to
express humble gratitude for the exemplary guidance, monitoring and constant
I would also like to thank the faculty of Dr. Madhu Limaye Library who extended their
assistance to me by helping me consult relevant legal research material which was essential to
Lastly, I would like to thank my family for their constant encouragement without which this
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Introduction
In the intricate labyrinth of legal doctrines that govern society, the Indian Penal Code stands
inception in 1860, the IPC has been the bedrock of criminal law in India, encapsulating the
nation's social, cultural, and political fabric. A bastion of justice, it has witnessed the
changing tides of time, adapting and evolving in response to the shifting contours of society.
The Indian Penal Code, drafted under the meticulous guidance of Lord Thomas Babington
Macaulay, emerged as an epochal document during the British colonial rule. At the time, its
architects envisioned a robust legal framework that would protect the rights of the British
Empire while regulating the Indian subjects. Since its adoption, the IPC has remained
unaltered, excepting certain key amendments, in its essence for over a century, which is an
impressive testament to its enduring principles. It provided the subcontinent with a common
Yet, even with its remarkable resilience, the IPC bore the indelible marks of its colonial past.
The British-designed penal code was woven with norms and principles that often seemed
disconnected from the native customs, culture, and aspirations of an independent India. As
the nation transitioned from colonial rule to self-governance, the need for a legislative
The primary catalyst for this need of revision lay in the need to align the IPC with the
principles enshrined in the Indian Constitution. The Indian Penal Code had to adapt to the
Moreover, a nation as diverse and multifaceted as India demanded a legal system that could
accommodate the myriad customs, traditions, and sensibilities of its people. This very
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diversity, which has been both the strength and the complexity of India, needed to be
Over the years, legislative changes were introduced to redefine and broaden the scope of
criminal laws, focusing on issues ranging from cybercrimes and terrorism to human rights
violations and environmental protection. These amendments reflected the evolving challenges
faced by a modern India, and its commitment to safeguarding the rights of its citizens.
Recently, the Bharatiya Nyaya Sanhita Bill, 2023, along with two other bills, i.e., Bharatiya
Nagrik Suraksha Sanhita Bill and Bharatiya Sakhshya Bill, was introduced in the Parliament,
set to replace the existing Indian Penal Code of 1860. It seeks to overhaul the existing Penal
Code and bring it in line with the modern era, officially incorporating all the amendments that
were made till now, to the IPC, and also to introduce and/or remove certain provisions, as
This project aims to delve into a brief historical overview of the existing Indian Penal Code
of 1860 and its key amendments up until this point, and then take a look at the various
changes that will be brought about by the proposed Bharatiya Nyaya Sanhita Bill, 2023.
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Historical Development of the Indian Penal Code
The earliest forms of a codified penal code in India came about in the forms of the ancient
legal texts of Manu where offences such as assault, theft, robbery, false evidence, slander, etc.
were recognized. The King was the one who administered justice and if not available for
Although legal texts such as Manusmriti and Kautilya’s Arthshastra were brought into
existence, the justice administered differed quite a bit between various rulers. When the
Britishers came into India they adopted a different set of laws, which were based on British
pattern. However, even this was not uniform throughout India. To bring uniformity, the first
Law Commission was set up in India in 1834 to look into the jurisdiction, powers and rules of
the existing courts as well as police establishments and into the laws in operation in British
India.
Under the presidentship of Lord Macaulay, the Indian Penal Code was drafted by the Law
1846 and 1847 and the final version was put forth to the Legislative Council in 1856.
Subsequently, the Indian Penal Code Bill was passed by the Legislative Council and it
received the assent of the Governor-General on 6th October, 1860, thus bringing the Indian
Important Amendments
Criminal Law Amendment of 1983 – the provisions of the 1860 Code were amended in the
year 1983 to bring a stop to the growing menace of cruelty against women in society. In order
to extract dowry, to control women, or for various other reasons, cruelty was being meted out
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to women in physical, emotional, verbal, or financial ways. To prevent such incidents, the
Whoever, being the husband or the relative of the husband of a woman, subjects such woman
to cruelty shall be punished with imprisonment for a term which may extend to three years
and shall also be liable to fine. For the purpose of this section, “cruelty” means— any wilful
conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the
woman; or harassment of the woman where such harassment is with a view to coercing her
or any person related to her to meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person related to her to meet such demand.
Criminal Law Amendment of 1986 – another social evil which the present Code intended to
prevent was ‘dowry death.’ In doing so, the amendment of 1986 added section 304B to the
Code which states – Where the death of a woman is caused by any burns or bodily injury or
occurs otherwise than under normal circumstances within seven years of her marriage and it
is shown that soon before her death she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in connection with, any demand for dowry,
such death shall be called “dowry death”, and such husband or relative shall be deemed to
have caused her death. Whoever commits dowry death shall be punished with imprisonment
for a term which shall not be less than seven years but which may extend to imprisonment for
life.
Criminal Law Amendment of 2005 – it introduced various concepts in both the Indian Penal
Code, 1860 and the Criminal Procedure Code, 1973. In the Indian Penal Code, 1860, a new
offence was added by way of Section 195A – Threatening or inducing any person to give
false evidence.
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Criminal Law Amendment of 2013 – this amendment made various additions to the existing
1860 Code, making it pivotal in shaping the course of our criminal justice system. After the
shocking case of the Delhi Gang Rape in December, 2012, the legislature realised the need to
enact stringent and better-defined provisions to ensure the protection and safety of women.
Based on the recommendations of the Justice Verma Committee, the 2013 Amendment was
enacted. By way of this amendment several new offences were added, namely –
10. Section 376 A – Causing death or permanent vegetative state of a victim of rape.
Criminal Law Amendment of 2018 – the aim of this amendment was to provide for the most
stringent punishments for grave and unconscionable offences like the rape of a girl below the
2. Section 376 DA – punishment for gang rape of woman under 16 years of age,
3. Section 376 DB – punishment for gang rape of woman under 12 years of age,
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The Objective of Bringing Legislative Changes
The Indian Penal Code, 1860 was drafted by the First Law Commission in the year 1837
under the able presidentship of Lord Macaulay. After the first draft was presented, it was
circulated to the Judges and law advisors of the Crown. In the year 1845, another
Commission was appointed to review the Code. The report of the Second Law Commission
was submitted in two parts 1846 and 1847. After being revised, it was presented to the
Legislative Council in 1856. After being passed by the Legislative Council it received the
Since then, Indian Courts referred to the 1860 Code and whenever the need arose, the Code
was amended to serve the needs of the society and also to shed the deadwood. The most
noteworthy amendments were made in the years 1983, 1986, 2005, 2013, and 2018. Over the
years, the bulk of the provisions were increased by the various amendments, making the
The Indian Government considered it necessary to review the existing provisions with the
aim of providing a robust criminal justice system as per the needs of our society and also to
simplify the legal procedure to ensure ease of living for the common man. In this process,
various stakeholders, eminent jurists, educators, legal minds, etc., were consulted to create a
legal structure which catered for the contemporary needs and aspirations of the people of
India.
On the 11th of August, 2023 three new Bills were introduced in the Lok Sabha by the Central
Government, namely-
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3. Bhartiya Sakshya Adhiniyam, 2023
The Bhartiya Nyaya Samhita Bill of 2023 is set to replace the current Indian Penal Code,
1860. The draft Bill is currently under consideration by the parliamentary standing
committee. The proposed Bill has 356 sections and is divided into 19 chapters. This section
deals with the changes which have been proposed in the 2023 Bill.
The new Code is written in a simpler language, it provides for stricter punishments for
offences against women and children, it defines new offences to prevent perpetrators of
crimes like mob-lynching escape the justice system, and provides for a new type of
punishment.
1. The various sections which dealt with different forms or aggravated forms of offences
have been clubbed under one section. This has reduced the number of sections as well
2. All inchoate offences have been clubbed together under Chapter IV of the proposed
Bill.
3. All offences against women and children have been clubbed together under Chapter V
4. The proposed Bill uses the term ‘After sunset and before sunrise’ instead of the term
‘at night’.
5. Offences related to children have been made gender-neutral. For instance, the
procuration of a girl was punishable under the 1860 Code, however, under the 2023
Bill, the procuration of a child under the age of 18 years has been made punishable.
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Changes in the Definition Clause
1. The term ‘Gender’ now includes a human male, female, and transgenders. The term
transgender has the same meaning which has been given to it under Section 2(k) of
the Transgender Persons (Protection of Rights) Act, 2019, i.e., "transgender person"
means a person whose gender does not match with the gender assigned to that person
at birth and includes trans-man or trans-woman (whether or not such person has
other therapy), person with intersex variations, genderqueer and person having such
2. The term ‘Mental Illness’ has been added and it replaces the term ‘Unsoundness of
mind’ wherever used in the 1860 Act. The term ‘Mental Illness’ has been given the
same meaning as assigned to it in Section 2(s) of the Mental Healthcare Act, 2017,
recognise reality or ability to meet the ordinary demands of life, mental conditions
associated with the abuse of alcohol and drugs, but does not include mental
1. The draft Bill of 2023 defines the term ‘Life Imprisonment’ which had been
recommended by the Justice Verma Committee. It is defined as, ‘Imprisonment for the
remainder of person’s natural life. This has been done in order to ensure that no
confusion regarding the legislative intent remains regarding the term ‘Life
Imprisonment’.
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2. The term ‘Transportation for life’ and all references to it have been deleted in the draft
Bill.
3. The Bill introduces a new form of punishment, Community Service, for 3 specific
Place. This has been added keeping in mind the reformatory nature of our criminal
justice system. The rules or criteria for awarding community service as a form of
4. With respect to Community Service, Section 8 of the draft Bill states that where there
fine.
1. As per Section 108A of the 1860 Code, abetment in India of offences to be committed
outside India was punishable. This meant that the punishment was only for offences
originating in India.
2. The proposed Bill discusses the terminatory theory under Section 48 of the 2023 Bill.
According the this, an abettor situated outside India who abets the commission of an
offence within India would be liable as though the abetment had been caused within
India.
1. In cases of sexual assault or rape, the bifurcation on the grounds of age as seen in the
1860 Code has been removed. The reason for the bifurcation on the basis of age
groups was due to the 2013 and 2018 criminal amendments. Under the proposed Bill,
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offences like gang rape are punishable with equal severity irrespective of the age of
the prosecutrix.
2. Sexual offences under the proposed Bill have not been made gender-neutral. Given
the ever-changing needs of our society, sexual offences could have been made gender-
3. The 2023 Bill is also silent on the growing concerns related to the offence of marital
rape, only a legislative change has been made increasing the age of consent of the
wife to 18 years. The question whether marital rape should be criminalized is pending
1. Section 101(2) of the proposed Bill deals with a new offence which makes murder on
grounds of communal violence punishable as a separate offence. It also deals with the
committing several offences during any communal violence, one of which is murder.
2. Section 102 of the proposed Bill reintroduces Section 303 of the 1860 Code titled,
‘Murder by life convict’. This provision had been declared unconstitutional by the
Honourable Supreme Court in the case of Mithoo Singh v. State of Punjab onto the
grounds that only death penalty was cited as the punishment which limited judicial
discretion. Under the new Code in such cases, the Court may award imprisonment for
3. Section 104 of the 2023 Bill deals with death caused by negligence where the
imprisonment. Additionally, hit and run cases have been dealt with separately with the
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4. The offence of Attempting to Commit Suicide as given under Section 309 of the 1860
Code has been removed keeping in view the judgement of the Supreme Court in the
5. As per Section 320 of the 1860 Code, in order to prove grievous hurt, the sufferer
must have been in severe bodily pain or unable to follow his ordinary pursuits for a
period of 20 days. This time period has been reduced to 15 days under Section 114 of
6. Section 115(4) of the 2023 Bill deals with grievous hurt caused by 5 or more people
7. In cases of kidnapping, the age of child kidnapped has been made 18 years for both
male and female child. Under the 1860 Code, the age for male child was 16 years and
8. Section 377 of the 1860 Code dealing with ‘Unnatural Lust’ has been removed in line
1. Section 124A of the 1860 Code dealt with ‘Sedition’. This provision has been
challenged several times on the grounds of being unconstitutional, restricting the use
2. In the cases of S G Vombatkere v. Union of India and Editor’s Guild of India v. Union
of India, the provision is currently under challenge before the Honourable Supreme
Court.
3. Section 150 of the 2023 Bill deals with ‘Sedition’ however, the legislative language
has been changed. The term ‘Feeling of Hatred’ has been substituted by words like
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secession, armed rebellion, subversive activities, and separatist activities which
4. Section 195(1)(d) of the 2023 Bill makes the publication of false and misleading
punishable.
1. Section 69 of the proposed Bill introduces a new offence titled, ‘Sexual Intercourse by
employing deceitful means, etc.’ According to this, whoever by using deceitful means
or making false promise to marry a woman without any intention of keeping the
promise, has sexual intercourse with her, in such cases although the offence would not
2. Section 48 of the 2023 Bill states, that an abettor situated outside India who abets the
commission of an offence within India would be liable as though the abetment had
3. Section 302 of the proposed Bill deals with ‘Snatching’. It states that, Theft is
“snatching” if, in order to commit theft, the offender suddenly or quickly or forcibly
seizes or secures or grabs or takes away from any person or from his possession any
4. Section 93 of the 2023 Bill deals with a new offence, any person who hires, employs
5. Section 109 of the proposed Bill deals with ‘Organized Crimes’. It states, Any
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land grabbing, contract killing, economic offences, cyber-crimes having severe
means to obtain direct or indirect, material benefit including a financial benefit, shall
6. Section 111 of the proposed Bill deals with the ‘Terrorist Act’. It states, A person is
said to have committed a terrorist act if he commits any act in India or in any foreign
country with the intention to threaten the unity, integrity and security of India, to
intimidate the general public or a segment thereof, or to disturb public order by doing
7. Section 224 of the 2023 Bill introduces a new offence which makes the attempt to
commit suicide to compel a public servant to do or abstain from doing any act in
8. For the first time, India’s penal code has a repealing clause, as given under Section
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