With reference to the Bharatiya Nyaya Sanhita, 2023, which among the following is not a newly introduced offence under the new criminal law framework?

Question

“There is no gainsaying that an able bodied youthful Jawan when physically assaulted by his superior may be in a state of provocation. The gravity of such a provocation may be heightened if the physical beating was meant to force him to submit to unnatural carnal intercourse to satisfy the superior’s lust. The store room incident involving the appellant and the deceased is alleged to have taken place when the deceased had bolted the door of the store room to keep out any intruder from seeing what was happening inside. By any standard the act of a superior to humiliate and force his subordinate in a closed room to succumb to the lustful design of the former was a potent recipe for anyone placed in the appellant’s position to revolt and retaliate against the treatment being given to him. What may have happened inside the store room if the appellant had indeed revolted and retaliated against the unbecoming conduct of the deceased is a matter of conjecture. The appellant or any one in his position may have retaliated violently to the grave peril of his tormentor. The fact of the matter, however, is that the appellant appears to have borne the assault without any retaliation against the deceased-superior and somehow managed to escape from the room…All that the evidence proves is that after the said incident
the appellant was seen crying and depressed and when asked by his colleagues, he is said to have narrated his tale of humiliation at the hands of the deceased…. That appears to have happened in the present case also for the appellant’s version is that he and his colleagues had planned to avenge the humiliation by beating up the deceased in the evening when they all assemble near the water heating point. That apart, the appellant attended to his normal duty during the day time and after the evening dinner, went to perform his guard duty at 2100 hrs.”
[Extracted from B.D Khunte v. Union of India, Criminal Appeal No. 2328 of 2014, para 12-13].

Answer 1

Step 1: Identify genuinely new offences introduced under BNS 2023.
The Bharatiya Nyaya Sanhita 2023 introduced several offences not present in IPC 1860: Organised Crime (Section 111), Petty Organised Crime (Section 112), and Terrorist Act (Section 113) are fresh additions to Indian criminal law.
Step 2: Check the legislative history of Stalking.
Stalking was introduced into the IPC by the Criminal Law (Amendment) Act 2013 as Section 354D after the 2012 Nirbhaya case prompted major reforms to laws against crimes against women; it existed in IPC before BNS was drafted.
Step 3: Conclude what is NOT newly introduced in BNS 2023.
Since Stalking already existed in IPC (Section 354D, 2013) and was simply carried forward and retained in BNS 2023, it is NOT a newly introduced offence; only Organised Crime, Petty Organised Crime, and Terrorist Act are new.
\[ \boxed{\text{Stalking}} \]

With reference to the Bharatiya Nyaya Sanhita, 2023, which among the following is not a newly introduced offence under the new criminal law framework?

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The Correct Option is D

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