The Bharatiya Nyaya Sanhita, 2023
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Act details
| Short title | The Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Long title | An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto. |
| Act number | 45 of 2023 |
| Act year | 2023 |
| Enactment date | 25 Dec 2023 |
| Ministry | Ministry of Home Affairs / Department of Internal Security |
| Department | Department of Internal Security |
| Jurisdiction | Central (Parliament of India) |
| Sections | 358 |
| Status | Not repealed |
| Last checked on India Code | 28 Oct 2026 |
| Source | India 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.