Anticipatory Bail in Cyber Crime

The Bharatiya Nyaya Sanhita, 2023 (BNS) came into effect on 1 July 2024, replacing the Indian Penal Code (IPC), 1860 after more than 160 years. This reform is part of a larger effort to modernize India’s criminal laws along with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). The BNS reduces, restructures, and modernizes the criminal law framework to address new-age crimes such as cybercrime, terrorism, organized crime, and financial frauds. Below are the main changes. 1. Simplification of Structure IPC had 511 sections, while the BNS has 358 sections. Several sections have been merged, repealed, or restructured for clarity. Redundant and colonial-era provisions have been removed. 2. Recognition of Cyber Crimes The BNS explicitly includes cyber frauds, identity theft, online impersonation, and electronic forgery. It aligns with the Information Technology Act, 2000, ensuring cyber offences are not overlooked. Digital fraud and misuse of computer resources are punishable under stricter provisions. 3. Replacement of Sedition Law The old IPC provision on sedition (Section 124A) has been repealed. It has been replaced by a new offence: “acts endangering sovereignty, unity and integrity of India.” This provision focuses on safeguarding national security rather than curbing dissent. 4. Stronger Anti-Terrorism Provisions The definition of terrorist acts has been expanded to include attacks on critical infrastructure, digital systems, and cyberspace. Authorities are empowered to seize property connected to terrorism. 5. Community Service as Punishment For the first time in Indian criminal law, community service has been introduced as a form of punishment for minor offences. This reflects a shift towards reformative justice rather than only retributive measures. 6. Crimes Against Women and Children Stricter punishments for rape, gang rape, custodial rape, and sexual exploitation of minors. Deceitful promises of marriage, employment, or promotion leading to sexual exploitation are now specifically recognized. Acid attack provisions remain with stringent penalties. 7. Provisions on Mob Lynching and Organized Crime Mob lynching based on caste, religion, gender, or language is now specifically categorized as murder with enhanced penalties. Organized crime, contract killings, extortion, and financial frauds are dealt with separately and attract stricter punishments. Property derived from organized crime can be confiscated. 8. Road Safety and Hit-and-Run Cases Hit-and-run accidents resulting in death now carry punishment of up to 10 years imprisonment and fine. The aim is to address increasing road accident cases and ensure accountability. 9. Modernization of Evidence and Trials Provisions of the BNS work in tandem with the BNSS and BSA, making it easier to use digital evidence such as emails, CCTV recordings, and server logs. This ensures the law keeps pace with technology-driven crimes and modern investigation methods. Comparison: IPC vs BNS Feature IPC (1860) BNS (2023) Number of Sections 511 358 Sedition Law Section 124A (sedition) Replaced with “endangering sovereignty & integrity” Cyber Crimes Not specifically covered Explicitly recognized Community Service Not available Introduced for minor offences Mob Lynching No specific provision Defined and punished under murder provisions Terrorism Limited provisions Expanded to cover cyberspace and digital networks Women & Child Protection Present but outdated Strengthened with modern context Organized Crime No clear framework Separate recognition and stricter penalties The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant step in India’s criminal justice reform. It moves away from outdated colonial provisions and introduces modern measures to tackle cybercrime, terrorism, organized crime, and crimes against women and children. By reducing sections, streamlining offences, and recognizing digital crimes, the BNS reflects the realities of today’s society. Disclaimer: This blog is for awareness and educational purposes only. If you or your child faces any cybercrime, please report it immediately on www.cybercrime.gov.in or call the 1930 helpline.