Bharatiya Nagarik Suraksha Sanhita 2023

Bharatiya Nagarik Suraksha Sanhita 2023 (BNS 2023) is the first comprehensive criminal code enacted by the Indian Parliament to supplant the colonial‑era Indian Penal Code. It re‑writes offences ranging from homicide to cyber‑crimes, foregrounds gender‑sensitive language, and introduces explicit consent definitions, thereby aligning India’s criminal law with contemporary social norms and digital realities.

Origins / Historical Background

The drive to replace the IPC began after the 2012 Nirbhaya case, which exposed glaring gaps in the treatment of sexual violence. In 2019, the Supreme Court’s Justice K.S. Puttaswamy judgment affirmed privacy as a fundamental right, prompting legislators to reconsider consent‑based offences. The Bharatiya Nagarik Suraksha Sanhita Bill was introduced in the Lok Sabha on 11 August 2023, passed by the lower house on 30 August, cleared the Rajya Sabha on 5 September, and received presidential assent on 13 September 2023, becoming operative on 1 October 2023.

Key Provisions

BNS 2023 reorganises the penal provisions into a single, numerically coherent schedule. Section 354A criminalises sexual harassment in public spaces, prescribing up to three years’ imprisonment and a fine of ₹50,000. Section 354B defines stalking as a repeated, unwanted pursuit, punishable by up to two years’ imprisonment. Section 354C targets voyeurism, including non‑consensual digital sharing of intimate images, with a maximum term of five years. Section 354D covers sexual assault, while Section 354E codifies rape, both now anchored to a clear “absence of consent” test. New sections 376A‑376H expand rape to include victims with disabilities, children, transgender persons, senior citizens