Bharatiya Nyaya Sanhita, 2023 And Cyber Offences: A Comparative Study With The Old IPC Provisions
- IJLLR Journal
- Aug 13
- 1 min read
Akula Hari Vikranth, LLB (Hons.), Amity Law School Noida, Amity University, Uttar Pradesh
Mr. Lakshya Saini, Assistant Professor of Law, Amity Law School Noida, Amity University, Uttar Pradesh
ABSTRACT
The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC) with effect from 1 July 2024, marking the most significant overhaul of India's substantive criminal law since independence. While the BNS retains much of the architecture of the IPC, it introduces express recognition of "electronic records" within offences that were, until now, interpreted extensively through judicial gloss and the Information Technology Act, 2000 (IT Act). This paper undertakes a comparative doctrinal study of cyber-related property offences under the BNS principally cheating (Section 318), cheating by personation (Section 319) and forgery, including forgery of electronic records (Section 336) against their IPC predecessors (Sections 415–420 and 463–471). It examines whether the BNS merely re-numbers existing law or effects substantive change, situates the provisions within the broader matrix of the IT Act, and evaluates the adequacy of the new framework in addressing contemporary cyber-fraud, identity theft, phishing and deepfake-based impersonation. The paper concludes that while the BNS represents a welcome consolidation and modest strengthening of penal consequences, it stops short of a purpose-built cyber-crime code and continues to rely on the IT Act as the primary special legislation.
Keywords: Bharatiya Nyaya Sanhita 2023, Indian Penal Code, cyber offences, electronic forgery, cheating by personation, Information Technology Act 2000, comparative criminal law.
