TLDR;
This video provides a comprehensive overview of the Bharatiya Nyaya Sanhita (BNS), the new criminal code in India, intended as a complete short guide to the BNS, discussing its key aspects, including its definition, scope, and differences from the previous Indian Penal Code (IPC). It also touches upon the historical context of law-making in India, starting with the first Law Commission in 1834.
- The BNS replaces the IPC, bringing changes to sections and adding new provisions.
- The video explains the process of how the BNS was enacted, from its introduction in the Lok Sabha to receiving presidential approval.
- It highlights key new provisions in the BNS, such as the definition of a child, digital records as evidence, and the inclusion of transgender individuals.
Introduction [0:16]
The presenter welcomes viewers to a special class focusing on the Bharatiya Nyaya Sanhita (BNS), also known as the Indian Penal Code. The class aims to provide a complete overview of the BNS, discussing how it functions and its implications. The presenter assures that the session will be comprehensive, covering both theoretical aspects and practical applications.
Syllabus Overview [1:40]
The presenter outlines the syllabus for the Uttar Pradesh Sub Inspector (UPSI) exam, which includes both the BNS and General Studies (GS). The GS portion is worth 40 questions, totalling 100 marks, with 50 marks specifically allocated to the BNS and the Constitution. The presenter plans to cover the BNS first, followed by the Constitution and then the Bharatiya Nagarik Suraksha Sanhita (BNSS). Additional acts related to women, children, and scheduled castes will be covered through existing playlists on the channel. The remaining GS topics will also be addressed on YouTube.
Definition of Basic Law [5:00]
The presenter defines "Mool Vidhi" or basic law as the collection of laws necessary to uphold the rights and duties granted to Indian citizens by the Constitution. It is also referred to as "Substantive Law". This includes laws that protect the right to life (Article 21) and address actions that infringe upon these rights, such as assault, unlawful restraint, or abduction. The presenter provides an English definition, characterising it as the collection of acts and laws that enhance administration and law and order within a state, where "state" refers to any region or territory.
Expansion and Syllabus [8:28]
The presenter discusses the scope (or syllabus) of basic law, noting that it is extensive and has been outlined on the first page of the presentation. He then highlights the differences between the old and new syllabi. The old syllabus included the Indian Penal Code (IPC), the Criminal Procedure Code (CRPC), and minor acts. The 2025 syllabus replaces the IPC and CRPC with the BNS and BNSS, while retaining the minor acts, which are referred to as "other acts".
Changes in the Syllabus [9:11]
The presenter explains the changes in the syllabus, noting that the IPC is no longer in effect after 1 July 2024. He briefly describes the role of a sub-inspector, who is in charge of a police station, registers complaints, and manages overall responsibilities. The main focus of the session is the Bharatiya Nyaya Sanhita (BNS).
Law and Order in India [11:33]
The presenter transitions to discussing the legal framework in India, starting with a historical overview. In 1834, the first Law Commission was established during the British era. Its primary function was to maintain law and order by creating and enforcing acts. The commission could create laws related to existing laws but could not introduce entirely new legislation, as that power rested with the British Parliament. The first chairman of this commission was Thomas Babington Macaulay (TB Macaulay).
Indian Penal Code (IPC) [15:12]
The presenter details that in 1860, the Indian Penal Code (IPC) was announced by TB Macaulay. Although courts were not fully established until 1861, the IPC was implemented on 1 January 1862. However, the presenter notes that the IPC is no longer in effect and has been replaced by the BNS.
Bharatiya Nyaya Sanhita (BNS) Implementation [18:26]
The presenter explains the implementation of the Bharatiya Nyaya Sanhita (BNS). It was introduced in the Lok Sabha on 11 August 2023, by Home Minister Amit Shah, with the aim of implementing legal reforms and updated laws. The BNS was passed by both houses of Parliament on 21 December 2023, and received presidential approval on 25 December 2023. It came into effect on 1 July 2024, along with the repeal of the IPC, CRPC, and the Indian Evidence Act of 1872.
Repeal of Old Acts [23:10]
The presenter specifies that on 1 July 2024, the Indian Penal Code (IPC) of 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) of 2023. Additionally, the Criminal Procedure Code (CRPC) of 1973 and the Indian Evidence Act of 1872 were also repealed. These were replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 and the Bharatiya Sakshya Adhiniyam (BSA) of 2023, respectively.
Changes in IPC and BNS [25:51]
The presenter compares the IPC and BNS, noting that the IPC of 1860 had 23 chapters and 511 sections, while the BNS of 2023 has 20 chapters and 358 sections. Some sections have been reorganised, and new offences and provisions have been added.
New Provisions in BNS [27:53]
The presenter discusses the new provisions added in the BNS. Some acts have been resettled, and new offences and provisions have been added. For example, the definition of "child" has been added, defining a child as anyone below 18 years of age, regardless of gender. Digital records are now admissible as evidence. The definition of gender now includes transgender individuals. Section 48 addresses abetment of crime outside India. Section 69 addresses sexual relations on false promises, with a punishment of 10 years. Section 73 addresses publishing court proceedings without permission. Section 353 addresses spreading false news, with a punishment of 3 years. Section 77 addresses voyeurism, now including both men and women. Section 95 addresses hiring children for crime. Section 86 addresses cruelty.
Additional New Sections in BNS [51:35]
The presenter continues discussing new sections added to the BNS. Section 103 addresses death by mob, where five or more persons can be considered a mob, punishable by death or life imprisonment. Section 106(1) addresses causing danger to life due to negligence during travel, increasing the punishment from 2 to 5 years. Section 106(2) addresses death caused by negligence on the road, punishable by up to 10 years. Sections 111, 112, and 113 address organised crime, small organised crime, and terrorist organised crime, respectively. Section 117 addresses grievous hurt and permanent disability.
More New Sections and Amendments in BNS [1:03:18]
The presenter continues to detail new sections and amendments in the BNS. Section 137 addresses child abduction, now applying equally to males and females under 18. Section 152 addresses threats to the nation's unity and integrity. Section 195(2) addresses threats to public servants preventing riots. Section 304 addresses snatching. Section 197D addresses spreading misleading news that disrupts the unity and integrity of the nation. Section 324(3) addresses harm to public property. Section 341(3) addresses creating fake stamps, and Section 341(4) addresses the misuse of government seals. Section 358 addresses the repeal of the IPC, making the BNS active.
Chapters of BNS [1:18:34]
The presenter transitions to discussing the chapters of the BNS, noting that it has 20 chapters compared to the IPC's 23. He begins with Chapter 1, which includes sections 1 to 3 and is preliminary in nature.
Section 1 of BNS [1:20:34]
The presenter explains Section 1 of the BNS, which covers the short title, extent, and commencement. The short title is Bharatiya Nyaya Sanhita 2023. It commenced on 1 July 2024, during the 74th year of the Republic of India. The extent of the BNS covers all of India, including जल (water), थल (land), and वायु (air) territories. It applies to both Indian and foreign citizens within Indian boundaries. It also applies to Indian citizens committing offences abroad and to offences committed on Indian ships or aircraft, regardless of location. Additionally, it applies to cybercrimes involving Indian computer systems, whether the attacker or victim is located within or outside India.
Exceptions to BNS Application [1:30:31]
The presenter outlines situations where the BNS does not apply. It does not affect special laws applicable to officers, soldiers, sailors, or airmen in government service. It also does not affect special or local laws related to offences and punishments. Additionally, it does not apply to certain constitutional posts, such as the President and Governor (Article 361), or to foreign sovereigns, ambassadors, and armies.
Section 2 of BNS: Definitions
The presenter begins explaining Section 2 of the BNS, which deals with definitions. He notes that the definitions provided in this section apply throughout the BNS.
Section 2(1): Act [1:44:08]
The presenter explains Section 2(1) of the BNS, which defines "Act". An act can refer to a single action or a series of actions. It can also refer to a law that has been passed, as opposed to a bill, which is merely a proposed law.
Section 2(2): Animals [1:48:21]
The presenter explains Section 2(2) of the BNS, which defines "Animals". It includes any living creature other than human beings.
Section 2(4): Counterfeit [1:49:58]
The presenter explains Section 2(4) of the BNS, which defines "Counterfeit". It refers to the act of creating something that resembles another item with the intention of deceiving someone. This can involve creating an exact replica or making something that is similar enough to be mistaken for the original. He uses the example of a watch to illustrate the difference between an absolute counterfeit and a similar imitation.
Section 2(3): Child [1:52:42]
The presenter revisits Section 2(3) of the BNS, which defines "Child". It defines a child as anyone under the age of 18.
Section 2(5): Court [1:55:28]
The presenter explains Section 2(5) of the BNS, which defines "Court". It refers to any body that conserves or interprets the law.
Section 2(6): Death [1:57:52]
The presenter explains Section 2(6) of the BNS, which defines "Death". It refers to the death of a human being.
Section 2(7): Dishonesty [1:58:53]
The presenter explains Section 2(7) of the BNS, which defines "Dishonesty". It refers to any action taken with the intention of causing wrongful gain or wrongful loss to someone.
Section 2(9): Fraudulently [2:11:59]
The presenter explains Section 2(9) of the BNS, which defines "Fraudulently". It refers to any action taken with the intention to gain a private advantage or cause harm to others.
Section 2(10): Gender [2:13:54]
The presenter explains Section 2(10) of the BNS, which defines "Gender". It includes male, female, and transgender individuals.
Section 2(11): Good Faith [2:15:16]
The presenter explains Section 2(11) of the BNS, which defines "Good Faith". It refers to any action taken with due care and caution for the benefit of others.
Section 2(12): Appropriate Government [2:16:51]
The presenter explains Section 2(12) of the BNS, which defines "Appropriate Government". It can refer to the central government, a state government, or a local government.
Section 2(13): Harbour [2:19:02]
The presenter explains Section 2(13) of the BNS, which defines "Harbour". It refers to providing shelter or assistance to someone, including providing food, water, clothing, or transportation.
Section 2(14): Injury [2:23:01]
The presenter explains Section 2(14) of the BNS, which defines "Injury". It refers to any harm caused to a person's body, mind, reputation, or property.
Section 2(15): Illegal [2:23:52]
The presenter explains Section 2(15) of the BNS, which defines "Illegal". It refers to any action that is an offence, prohibited by law, or provides grounds for civil action.
Section 2(16): Judge [2:25:06]
The presenter explains Section 2(16) of the BNS, which defines "Judge". It refers to the decision-making authority in a court.
Section 2(17): Life [2:25:59]
The presenter explains Section 2(17) of the BNS, which defines "Life". It refers to human life.
Section 2(18): Local Law [2:27:37]
The presenter explains Section 2(18) of the BNS, which defines "Local Law". It refers to a law that is applicable only in a specific area of India, such as laws related to parking or sanitation.
Section 2(19): Man [2:28:39]
The presenter explains Section 2(19) of the BNS, which defines "Man".
Section 2(20): Month and Year [2:29:06]
The presenter explains Section 2(20) of the BNS, which defines "Month and Year". It specifies that months and years are calculated according to the Gregorian calendar.
Section 2(21): Movable Property [2:30:16]
The presenter explains Section 2(21) of the BNS, which defines "Movable Property". It includes all property that can be moved from one place to another, such as cars, watches, and gold.
Section 2(22): Number [2:33:11]
The presenter explains Section 2(22) of the BNS, which defines "Number". It refers to count and is used for counting.
Section 2(23): Oath [2:34:22]
The presenter explains Section 2(23) of the BNS, which defines "Oath". It refers to a proclamation made before holding a post or certifying something.
Section 2(24): Offence [2:36:21]
The presenter explains Section 2(24) of the BNS, which defines "Offence". It refers to any action that violates the sections of the BNS and any action against the law.
Four Elements of Offence [2:40:00]
The presenter outlines the four key elements required for an act to be considered an offence: a human being, bad intention, a criminal act, and harm to society.
Section 2(25): Omission [2:43:37]
The presenter explains Section 2(25) of the BNS, which defines "Omission". It refers to the act of failing to perform an action.
Section 2(26): Person [2:44:29]
The presenter explains Section 2(26) of the BNS, which defines "Person". It can refer to a woman, a man, a transgender individual, a company, or an organisation.
Section 2(28): Public Servant [2:46:48]
The presenter explains Section 2(28) of the BNS, which defines "Public Servant". It includes officers in the Army, Air Force, and Navy, judges, bank officers, liquidators, commissioners, arbitrators, police officers, government teachers, chief ministers, and IAS/IPS officers. A public servant is someone who receives a salary from the government and works for the welfare of the public.
Section 2(30): Special Law [2:54:41]
The presenter explains Section 2(30) of the BNS, which defines "Special Law". It refers to a law that applies to a specific subject, such as the SC/ST Act, women's acts, or vehicle acts.
Section 2(31): Valuable Security [2:56:34]
The presenter explains Section 2(31) of the BNS, which defines "Valuable Security". It refers to a legal document that allows someone to obtain a specific item, such as a mark sheet, passport, visa, or land documents.
Section 2(32): Vessel [2:59:27]
The presenter explains Section 2(32) of the BNS, which defines "Vessel". It refers to any ship or boat that travels on water.
Section 2(34): Will [3:00:08]
The presenter explains Section 2(34) of the BNS, which defines "Will". It refers to a document that divides property among others.
Section 2(35): Woman [3:03:31]
The presenter explains Section 2(35) of the BNS, which defines "Woman". It refers to a female human being.
Section 2(36): Wrongful Gain [3:05:51]
The presenter explains Section 2(36) of the BNS, which defines "Wrongful Gain".
Section 2(37): Wrongful Loss [3:05:51]
The presenter explains Section 2(37) of the BNS, which defines "Wrongful Loss".
Section 3: Definition of Offences and Exceptions [3:08:53]
The presenter introduces Section 3 of the BNS, which covers the definition of offences and exceptions.
Section 3(1): Definition of Offence [3:10:56]
The presenter explains Section 3(1) of the BNS, which states that the definition of each offence is provided in each section or part of the BNS.
Section 3(1): Exceptions [3:12:30]
The presenter explains that along with the definition of an offence, each section also includes any exceptions to that offence.
Section 3(2): Explanation of Terms [3:13:45]
The presenter explains Section 3(2) of the BNS, which states that if a term is defined in one part of the BNS, that definition applies throughout the entire BNS.
Section 3(3): Possession of Property [3:15:46]
The presenter explains Section 3(3) of the BNS, which defines "Possession of Property". It states that if someone's property is in the possession of their wife, clerk, or employee, the ownership still belongs to the owner.
Section 3(4): Illegal Omission [3:20:21]
The presenter explains Section 3(4) of the BNS, which defines "Illegal Omission". It refers to the failure to perform an action that one is legally obligated to do.
Section 3(5): Crime Committed with Common Intention [3:22:31]
The presenter explains Section 3(5) of the BNS, which addresses crimes committed with a common intention. If several individuals commit a crime with a shared intention, each person is equally guilty.
Section 3(6): Criminal Intention [3:25:47]
The presenter explains Section 3(6) of the BNS, which addresses crimes requiring criminal intention. If a crime requires specific knowledge or intent, and several individuals are involved, each person will receive the full punishment as if they committed the crime alone.
Section 3(8): Assistance in Crime [3:31:12]
The presenter explains Section 3(8) of the BNS, which addresses assistance in crime. If someone helps in a crime, they will be considered equally guilty.
Conclusion [3:32:14]
The presenter concludes the session, noting that they have covered a significant portion of the BNS, particularly Section 1. They announce that the next session will cover the remaining chapters.
