BHARATIYA NYAYA SANHITA, 2023 (Syllabus: GS Paper 2 – Polity)

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Context: The Delhi High Court has requested the Centre to clarify its position on non-consensual sexual offences against LGBTQIA+ individuals and men under the Bharatiya Nyaya Sanhita, 2023 (BNS).

Alternative protections under the BNS

  • Section 36: It grants individuals the right to defend their own body or another person's body against any offence, as well as to protect property from theft, robbery, mischief, or trespassing.
  • Section 38: It allows the voluntary causing of death or harm to an assailant in situations involving serious threats, such as an assault with the intent to commit rape or satisfy "unnatural lust."
  • Section 140: It penalizes kidnapping or abduction where the victim is subjected to grievous hurt, slavery, or "unnatural lust," but the term "unnatural lust" remains undefined in the law.

Bharatiya Nyaya Sanhita, 2023

  • Reform and Modernization: The BNS 2023 aims to overhaul India's outdated criminal justice system, proposing a replacement for the Indian Penal Code (IPC) of 1860.
  • Retained Provisions: The BNS maintains existing IPC provisions against murder, abetment of suicide, assault, and causing grievous hurt.
  • New Offenses: Introduces offenses related to organized crime, terrorism, and group-led violence based on specific grounds.
  • Age Threshold Increase: Raises the age threshold for victims to be considered minors in gangrape cases from 16 to 18 years.
  • Sedition Removal: The BNS removes the offense of sedition from the law.
  • Terrorism Definition: Defines terrorism broadly, covering acts that threaten national unity, public order, or intimidate the public.
  • Prescribes death or life imprisonment with fines for terrorist acts resulting in death.
  • Organized Crime: Covers organized crimes like kidnapping, extortion, contract killings, land grabbing, financial scams, and cybercrime by crime syndicates.
  • Mob Lynching: Introduces offenses related to mob lynching, defined as murder or grievous hurt by five or more individuals based on discriminatory factors.


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