In BNS 2023, which crime can attract capital punishment by explicit provision post July 2024?
Show answer & explanation
Correct answer: A
Explanation
Solution: The correct answer is Mob Lynching.
Explanation:
☛ Under the Bharatiya Nyaya Sanhita (BNS), 2023, which came into effect on July 1, 2024, an explicit provision for mob lynching has been introduced under Section 103(2).
☛ According to this provision, when a group of five or more persons acting in concert commits murder on grounds of race, caste, community, sex, place of birth, language, personal belief, or any similar ground, each member is guilty of an offense.
☛ The prescribed punishment for this crime is death penalty (capital punishment) or imprisonment for life, along with a fine.
☛ Previously, under the Indian Penal Code (IPC), 1860, there was no separate or explicit codified section dealing specifically with mob lynching or hate-crime-driven murder by a mob.
Extra Exam-Relevant Facts:
☛ Bharatiya Nyaya Sanhita (BNS), 2023: It replaced the Indian Penal Code (IPC), 1860 and contains 358 sections compared to the 511 sections in the IPC.
☛ Community Service: For the first time in Indian criminal law, community service has been introduced as an official form of punishment for petty offenses like small thefts and defamation.
☛ Theft (BNS Section 303): Theft is punishable by imprisonment of up to three years, or fine, or both; for first-time petty theft under ₹5,000, community service can be awarded upon restitution.
☛ Cheating (BNS Section 318): Replaces Section 415/420 of the IPC, attracting imprisonment up to three to seven years depending on the severity.
Important One-Liners for Upcoming Exams:
☛ Which three criminal laws came into force in India on July 1, 2024? → Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam
☛ Which section of the BNS defines and punishes regular murder? → Section 103(1)
☛ What minimum number of persons must act together to constitute mob lynching under Section 103(2) of BNS? → Five persons
☛ Which Act was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023? → Code of Criminal Procedure (CrPC), 1973
☛ Which Act was replaced by the Bharatiya Sakshya Adhiniyam (BSA), 2023? → Indian Evidence Act, 1872