Bare Acts › BNS 2023 › Compliance Checklist
BNS 2023 – Compliance Checklist for Organisations
This checklist helps organisations — companies, NGOs, educational institutions, and government bodies — review their exposure to key Bharatiya Nyaya Sanhita 2023 provisions. It is a practical reference tool, not a substitute for legal advice.
1. General Awareness and Transition
- Ensure legal and compliance teams are aware that the BNS replaced the IPC with effect from 1 July 2024.
- Review all internal policies, employment contracts, and codes of conduct that reference IPC provisions and update cross-references to BNS.
- Confirm that FIRs, charge-sheets and pleadings in matters arising after 1 July 2024 cite BNS sections, not IPC sections.
2. Workplace Offences
- Sexual harassment at the workplace is an offence under BNS (equivalent to Section 354A IPC). Ensure your POSH policy is current and the Internal Complaints Committee is constituted.
- Cruelty to employees or subordinates that could amount to intentional insult (Section 352) or criminal intimidation (Section 351) should be addressed in your disciplinary framework.
- Review whether your whistleblower policy adequately protects complainants against retaliatory criminal intimidation.
3. Fraud and Financial Crime
- Criminal breach of trust (Section 316 BNS) is among the most common corporate criminal offences. Ensure segregation of duties, dual controls on cash and assets, and regular reconciliation.
- Cheating (Section 318 BNS) carries up to 7 years for inducing delivery of property by deception. Review customer-facing and vendor-facing contracts for representations that could ground a cheating complaint.
- Forgery of electronic records (Section 336–338 BNS) now explicitly covers digital documents. Audit access controls on document management systems.
4. Public Communications and Social Media
- Statements circulated on social media that are likely to cause public mischief or alarm may attract Section 353 BNS. Implement a social media policy for employees and communications teams.
- Criminal defamation (Section 356 BNS) remains in force. Ensure marketing, PR and legal teams understand that publication of false and harmful statements about competitors, individuals or public figures carries criminal liability.
- Property mark offences (Sections 345–348 BNS) cover fraudulent use of trade marks in physical goods. Conduct periodic brand protection audits.
5. New Offences Unique to BNS
- Organised crime (Section 111 BNS) is now codified at the central level. Organisations in high-risk sectors (construction, mining, real estate, entertainment) should ensure their third-party due diligence covers organised crime risk.
- Terrorism financing connections (Section 113 BNS): ensure anti-money-laundering and know-your-customer processes remain robust.
- Community service as a punishment (Section 4(f) BNS): organisations accepting community-service workers should have a formal protocol to receive and supervise court-assigned individuals.
6. Record Keeping and Documentation
- Retain contracts, board minutes, financial records and correspondence for at least 7 years to defend against potential criminal allegations.
- Ensure email and messaging records are preserved where there is any ongoing dispute that could result in a criminal complaint.
- Electronic records are now explicitly covered by the BNS forgery and false evidence provisions: ensure your document management system has audit trails and cannot be tampered with.
This checklist covers common risk areas and is not exhaustive. Consult qualified legal counsel for advice specific to your organisation’s sector and operations.