New sections in criminal laws: Cheating is not Section 420 but 318, punishment for murder is Section 103
Kartavya Desk Staff
The three new criminal laws came into effect on Monday (July 1). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) will replace the Criminal Procedure Code (CrPC); the Bharatiya Nyaya Sanhita (BNS) will replace the Indian Penal Code; and the Bharatiya Sakshya Adhiniyam will replace the Indian Evidence Act. Passed in parliament last year, the government billed it as an effort to remove colonial influences on India’s legal system. Home Minister Amit Shah said last year that the “purpose of older laws” brought in by the British “was to strengthen the British rule”. “Its purpose was to punish, not to dispense justice,” he added. “After nearly 150 years, the three new criminal laws are being brought with entirely new perspectives and provisions with a purpose to eliminate the delays in the criminal justice system… we will not see any colonial influence, and they will resonate with the essence of Indian soil, at the core of these (Bills) is the protection of the constitutional rights, human rights, and the self-defence of Indian citizens,” Shah said. The BNS has 358 sections, compared to the 511 in the IPC. Therefore, the longstanding numbering of many criminal charges listed in the IPC has changed. For instance, Section 420, which defined cheating, led to the number ‘420’ becoming a catchall and commonly used term for such crimes. It is now listed as Section 318 in the BNS. Here is a list of some major criminal charges and how they are numbered in the BNS. • 01Punishment for murderPreviously Section 302 in the Indian Penal Code, the offence is now covered under Section 103 of the Bharatiya Nyaya Sanhita. ### Punishment for murder Previously Section 302 in the Indian Penal Code, the offence is now covered under Section 103 of the Bharatiya Nyaya Sanhita. • 02Attempt to murderPreviously Section 307 in the Indian Penal Code, the offence is now covered under Section 109 of the Bharatiya Nyaya Sanhita. ### Attempt to murder Previously Section 307 in the Indian Penal Code, the offence is now covered under Section 109 of the Bharatiya Nyaya Sanhita. • 03RapePreviously Section 375 in the Indian Penal Code, the offence is now covered under Section 63 of the Bharatiya Nyaya Sanhita. Previously Section 375 in the Indian Penal Code, the offence is now covered under Section 63 of the Bharatiya Nyaya Sanhita. • 04Gang rapePreviously Section 376D in the Indian Penal Code, the offence is now covered under Section 70 (1) of the Bharatiya Nyaya Sanhita. Previously Section 376D in the Indian Penal Code, the offence is now covered under Section 70 (1) of the Bharatiya Nyaya Sanhita. • 05Cruelty against a married womanPreviously Section 498A in the Indian Penal Code, the offence is now covered under Section 85 of the Bharatiya Nyaya Sanhita. ### Cruelty against a married woman Previously Section 498A in the Indian Penal Code, the offence is now covered under Section 85 of the Bharatiya Nyaya Sanhita. • 06Dowry deathPreviously Section 304B in the Indian Penal Code, the offence is now covered under Section 80 of the Bharatiya Nyaya Sanhita. ### Dowry death Previously Section 304B in the Indian Penal Code, the offence is now covered under Section 80 of the Bharatiya Nyaya Sanhita. • 07Sexual harassmentPreviously Section 354A in the Indian Penal Code, the offence is now covered under Section 75 of the Bharatiya Nyaya Sanhita. ### Sexual harassment Previously Section 354A in the Indian Penal Code, the offence is now covered under Section 75 of the Bharatiya Nyaya Sanhita. • 08Outraging the modesty of a womanPreviously Section 354 in the Indian Penal Code, the offence is now covered under Section 74 of the Bharatiya Nyaya Sanhita. ### Outraging the modesty of a woman Previously Section 354 in the Indian Penal Code, the offence is now covered under Section 74 of the Bharatiya Nyaya Sanhita. • 09Criminal intimidationPreviously Section 503 in the Indian Penal Code, the offence is now covered under Section 351 of the Bharatiya Nyaya Sanhita. ### Criminal intimidation Previously Section 503 in the Indian Penal Code, the offence is now covered under Section 351 of the Bharatiya Nyaya Sanhita. • 10DefamationPreviously Section 499 in the Indian Penal Code, the offence is now covered under Section 356 of the Bharatiya Nyaya Sanhita. ### Defamation Previously Section 499 in the Indian Penal Code, the offence is now covered under Section 356 of the Bharatiya Nyaya Sanhita. • 11CheatingPreviously Section 420 in the Indian Penal Code, the offence is now covered under Section 318 of the Bharatiya Nyaya Sanhita. Previously Section 420 in the Indian Penal Code, the offence is now covered under Section 318 of the Bharatiya Nyaya Sanhita. • 12Criminal ConspiracyPreviously Section 120A in the Indian Penal Code, the offence is now covered under Section 61 of the Bharatiya Nyaya Sanhita. ### Criminal Conspiracy Previously Section 120A in the Indian Penal Code, the offence is now covered under Section 61 of the Bharatiya Nyaya Sanhita. • 13SeditionPreviously Section 124A in the Indian Penal Code, the offence is now covered under Section 152 of the Bharatiya Nyaya Sanhita. Previously Section 124A in the Indian Penal Code, the offence is now covered under Section 152 of the Bharatiya Nyaya Sanhita. • 14Promoting enmity between different groupsPreviously Section 153A in the Indian Penal Code, the offence is now covered under Section 196 of the Bharatiya Nyaya Sanhita. ### Promoting enmity between different groups Previously Section 153A in the Indian Penal Code, the offence is now covered under Section 196 of the Bharatiya Nyaya Sanhita. • 15Imputations, assertions prejudicial to national integrationPreviously Section 153B in the Indian Penal Code, the offence is now covered under Section 197 of the Bharatiya Nyaya Sanhita. ### Imputations, assertions prejudicial to national integration Previously Section 153B in the Indian Penal Code, the offence is now covered under Section 197 of the Bharatiya Nyaya Sanhita. • 16Statements conducing to public mischiefPreviously Section 505 in the Indian Penal Code, the offence is now covered under Section 353 of the Bharatiya Nyaya Sanhita. ### Statements conducing to public mischief Previously Section 505 in the Indian Penal Code, the offence is now covered under Section 353 of the Bharatiya Nyaya Sanhita. • 17Public nuisancePreviously Section 268 in the Indian Penal Code, the offence is now covered under Section 270 of the Bharatiya Nyaya Sanhita. ### Public nuisance Previously Section 268 in the Indian Penal Code, the offence is now covered under Section 270 of the Bharatiya Nyaya Sanhita.