The Bharatiya Nyaya Sanhita, 2023

Administered Ministry: Ministry of Home Affairs / Department of Internal Security

Act details

Short titleThe Bharatiya Nyaya Sanhita, 2023
Long titleAn Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
Act number45 of 2023
Act year2023
Enactment date25 Dec 2023
MinistryMinistry of Home Affairs / Department of Internal Security
DepartmentDepartment of Internal Security
JurisdictionCentral (Parliament of India)
Sections358
StatusNot repealed
Last checked on India Code28 Oct 2026
SourceIndia Code, Government of India

Summary

Summary of Bharatiya Nyaya Sanhita, 2023:
1. Jurisdiction and Procedure
*Applicability: Every person liable under this Sanhita for acts within India or beyond, with specific provisions for citizens abroad and offenses targeting Indian computer resources (Section 1).
*Trial Procedure: Governed by the Bharatiya Nyaya Sanhita, 2023, for all offences under it and other laws, unless specified otherwise.
2. Court Structure
*Classes of Criminal Courts: Courts of Session, Judicial Magistrates (1st & 2nd class), and Executive Magistrates in every State.
*Court of Session: Establishment, composition, and operational provisions.
3. Offences and Punishments
*Punishment Nature: All offences under the Act are cognizable, non-bailable, and non-compoundable.
*Specific Punishments:
• Unfair Means: 3-5 years’ imprisonment and up to 10 lakh rupees fine, with additional penalties .
• Organised Crimes: 5-10 years’ imprisonment, significant fines, and asset forfeiture.
• Defamation (Section 222): Special conditions for prosecuting public officials.
4. Compoundable Offences
*List and Conditions: Specified offences can be compounded with Court permission, detailing who can compound them.
*Special Cases: Provisions for minors, persons of unsound mind, etc.

5. General Exceptions
*Acts Covered: Includes acts done under law, by mistake, accident, by children, persons of unsound mind, etc. (Chapter III)
6. Prosecution Conditions
*Offences Against State & Public Servants: Requires previous sanction from Central/State Government or District Magistrate for prosecution
*Defamation Against Public Officials: Specific conditions for prosecution

Legislative history

Legislative History:
The Bharatiya Nyaya Sanhita, 2023

Source: Official Record of Parliament, India Code, and Ministry of Home Affairs

Act Title - The Bharatiya Nyaya Sanhita, 2023
Act Number - Act No. 45 of 2023
Act ID (India Code) - 202345
Presidential Assent date - December 25, 2023
Enforcement Date - July 01, 2024
Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

● Repeal of the Indian Penal Code, 1860: Repeals the 163-year-old colonial Indian Penal Code (45 of 1860) to shift the focus of substantive criminal law from colonial punitive control to citizen-centric justice (Nyaya).
● Modernization & Reform of Penal Provisions: Decriminalizes sedition while penalizing acts threatening the sovereignty and integrity of India, introduces community service as a formal punishment, and adds distinct statutory definitions for organized crime, terrorism, and mob lynching.

Parliamentary Trajectory & Enactment
● Formulation: Introduced by the Union Minister of Home Affairs, Shri Amit Shah, as part of the trilogy of bills aimed at overhauling India's criminal justice system.
● Parliamentary Passage: Introduced in the Lok Sabha on August 11, 2023; referred to the Parliamentary Standing Committee on Home Affairs; re-introduced as Bill No. 173 of 2023 on December 12, 2023; passed by the Lok Sabha on December 20, 2023; and passed by the Rajya Sabha on December 21, 2023.
● Presidential Assent: Received the assent of the President of India on December 25, 2023.
● Enforcement: Enforced on July 01, 2024.