Law and statutory body
Bharatiya Nyaya Sanhita, 2023
GS2 Polity and criminal lawGS1 WomenPrelims and Mains
- Why in news
- On 11 March 2026 the Home Ministry told the Rajya Sabha about key BNS, 2023 provisions, including mob lynching, offences against women and children, and implementation support to States.
- What it is
- The Bharatiya Nyaya Sanhita, 2023 replaces the Indian Penal Code, 1860 as India's main substantive criminal law. It defines offences and punishments. It works with the Bharatiya Nagarik Suraksha Sanhita (procedure) and the Bharatiya Sakshya Adhiniyam (evidence), which replaced the CrPC and the Indian Evidence Act.
- Mob lynching
- Section 103(2) punishes murder by a group of five or more acting in concert on grounds such as race, caste, community, sex, place of birth, language or personal belief. Each member faces death or life imprisonment, plus fine.
- Offences against women and children
- These offences are placed first, in Chapter V of the BNS.
- Hiring a child to commit an offence
- Section 95 punishes it with a minimum of seven years, extendable to ten years.
- Digital platforms
- MHA, with BPR&D, NCRB and NIC, upgraded CCTNS, e-Forensics, e-Prosecution and e-Prisons, and built e-Sakshya, e-Summons, Nyaya Shruti and MedLEaPR.
- Trial in absentia
- Courts can try and pronounce verdict on proclaimed offenders in their absence.
Don’t confuse with BNS vs BNSS vs BSA: BNS is substantive law (offences, replaces IPC). BNSS is procedure (replaces CrPC). Bharatiya Sakshya Adhiniyam is evidence law (replaces Evidence Act).
Don’t confuse with e-Sakshya vs Nyaya Shruti: e-Sakshya records evidence collection at the crime scene. Nyaya Shruti enables evidence in courts through video conferencing.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Gives specific legal recognition to mob lynching and organised crime.
- Gives priority to crimes against women and children and adds victim-centric rights.
- Uses technology and forensics to improve investigation quality and speed.
Problems
- States need trained police, prosecutors and forensic capacity to implement the laws uniformly.
- Rules such as trial in absentia and expanded police powers raise fair-trial and misuse concerns.
- Fixed timelines may strain courts and prosecution already facing vacancies and pendency.
Way forward
- Sustain training through BPR&D and build forensic laboratories and digital systems in States.
- Monitor implementation and safeguards through regular review and data from courts and police.
- Fill vacancies in police, prosecution and judiciary so that timelines are realistic.
Put in your answer
Mob lynching offence: Section 103(2) creates a specific offence for group murder on discriminatory grounds, a first in Indian criminal law.
Digital justice tools: e-Sakshya, e-Summons, Nyaya Shruti and MedLEaPR support electronic evidence, service of summons, remote testimony and medico-legal records.
Witness protection: The new laws mandate State Governments to implement a Witness Protection Scheme.
- 2024Mains GS4 · Q5Discuss BNS as justice-focused law, shifting from punishment doctrine, rooted in Indian ethos.
- 2026Prelims Q62Which statements about Zero FIR under BNSS 2023 are correct?
UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
Prelims practice · Statements
Ours, not from a UPSC paper
Consider the following statements:
- 1.Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 punishes murder by a group of five or more persons acting in concert on grounds such as race, caste, community or language, with death or life imprisonment for each member.
- 2.Under the Bharatiya Nyaya Sanhita, 2023, the separate punishments for gang rape of a girl below 16 years and below 12 years have been replaced by one provision for a woman below 18 years.
- 3.Under the new criminal laws, forensic experts must visit crime scenes for all offences punishable with imprisonment of three years or more.
Which of the statements given above is/are correct?
True or false?
1 of 5
Statements the way Prelims prints them. Say first, then see the fact.
1.Section 103(2) of the BNS makes mob lynching a separate offence when committed by a group of five or more persons.
True. Group of five or more acting in concert, murder on grounds like race, caste, community.
2.The BNS places offences against women and children in the last chapter of the Sanhita.
False. They are in Chapter V, given precedence over other offences.
3.Section 95 of the BNS punishes hiring a child to commit an offence with imprisonment of a minimum of seven years, extendable to ten years.
True. Minimum seven, up to ten years.
4.The new laws allow a mercy petition to be filed within 30 days before the Governor and 60 days before the President.
True. 30 days (Governor) and 60 days (President).
5.The Bharatiya Nyaya Sanhita, 2023 replaced the Code of Criminal Procedure, 1973.
False. The BNS replaced the Indian Penal Code, 1860; the BNSS replaced the CrPC.
Written by us from the release, not by UPSC; checked by a second model.
Worth revising until Prelims 2027: most news questions come within two years of the event.