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BHARATIYA NYAYA SAHITA 2023

05.07.2024

 

BHARATIYA NYAYA SAHITA 2023

Recently, The BNS (Bharatiya Nyaya Sanhita), BNSS (Bharatiy Nagrik Suraksha Sanhita), BSA (Bharatiya Sakshya Adhiniyam) have replaced the IPC (Indian penal code 1860), the CrPC (criminal procedure code 1973), and the IEA (Indian evidence act 1872) respectively.

All of these three bills had been passed in the Parliament in December 2023. In this article by Race IAS, we will discuss the major provisions, additions, decisions, significance and associated concerns with these bills.

Why India needed reforms in existing laws?

  • Decolonization of Laws – The new laws implemented recently, signify the sovereignty of India as they represent laws that have been made by Indians for Indians.
  • Strengthening criminal justice system in India - In accordance with the modern day dynamics and the nature of modern crimes. Several committees like the law commission of India Bezbaruah committee, Vishwanathan committee etc. have suggested the strengthening of criminal justice system in India to represent the modern aspirations of Indian society.
  • Incorporation of Supreme Court judgements - Section 377 of Indian penal code has been omitted under Bharatiya Nyaya Sanhita 2023, as stated by the Supreme Court in Suresh Kumar vs. Naaz foundation. These new laws incorporate the Supreme Court judgements on wide variety of issues.
  • Ensuring gender neutrality - Introducing the new provisions of gender neutrality in Bharatiya Nyaya Samhita is a crucial step towards updating the Indian penal code.

For example, the crimes against women in BNS is prioritized even before the offences like sedition. Even sexual intercourse with a minor wife has been brought under the ambit of rape.

  • Community service - has been introduced as an alternate form of punishment for the first time convicts. The introduction of such punishments for those convicted for minor offences, is very important because nearly 3/4th of India’s prison population are still under trials.
  • Acknowledging hate crimes - offences like mob lynching and hate crimes along with the spread of separatist activities are included in the legislative acknowledgement of BNS.
  • Huge emphasis on video conferencing of trials and timelines for speedy trials have been introduced to improve the justice delivery system

Bharatiya Nyaya Sanhita 2023

Provisions Deleted

Provisions added
  • Unnatural Sexual Offences – Section 377 of IPC that criminalizes homosexuality has been repealed under Bharatiya Nyaya Sanhita 2023
  • Offence of Adultery - has been omitted under Bharatiya Nyaya Sanhita 2023. It had also been struck down by the Supreme Court stating it unconstitutional in 2018.
  • Labels of Thugs – Section 310 of IPC that criminalizes habitual robbery or child stealing, labelling it as “Thug activity” has been repealed and extended to other criminal laws under BNS.
  • Mob Lynching – Clause 103 of Bharatiya Nyaya Sanhita codifies the offences like mob-lynching and hate-crimes based on race, caste, community, language, and place of birth or personal belief.
  • Organised crime/Terrrorism – Clause 111 of Bharatiya Nyaya Sanhita codifies terrorism and brings such crimes under the realm of ordinary criminal law for the first time. Earlier state specific laws like Unlawful Activities Prevention Act was used for terrorism and organized crimes
  • Deceitful promise to marry - Clause 69 of BNS criminalises false promise of marriage, employment or promotion by suppressing identity which will be punished with imprisonment till 10 years and will be liable for a fine.
  • Attempt to commit suicide - Attempts to commit suicide if done with an intention to restrain any public servant from discharging his or her official duty can be punishable. For example, hunger strikes during protests.
  • Snatching - Clause 304 adds snatching as a new crime category which is different from theft.

 

Bharatiya Nagrik Suraksha Sanhita 2023

  • Extension of Detention period in Police custody – from 15 days in CrPC to 90 days.
  • Opportunity for victim – For punishments of 7 years or more, victims must be heard before the withdrawal of case.
  • Trial in absentia.
  • No statutory bail provision if accused has more than one offence against his/her name.

Bharatiya Sakshya Adhiniyam 2023

  • Some provisions of Indian Evidence Act has been retained like – Burden of proof, confessions and relevancy of facts.
  • Electronic documents included in documentary evidence.
  • Electronic documents and video recordings are now primary evidence and oral/written submissions are secondary.
  • Digital records are granted equivalent legal status as paper records.

Major Evolutions in new laws

  • GENDER NEUTRALITY – Section 354 A of IPC states outraging the modesty of women. It has now been made gender neutral which means that now even women can be booked for this offence.
  • FAKE NEWS – Criminalization of fake news, publishing false or misleading information etc.
  • SEDITION – It has been codified under new name and wider definition, now called “Deshdroh/Rajdroh” involving aiding false activities through financial means and encouraging feeling of separatist activities.
  • COMMUNITY SERVICE – As the punishment for petty offences.

Hence, modernized approach and understandable content is very much necessary for both the professionals and general public.

The approach of such system of justice delivery must be victim-centric ensuring the protection of their rights and justice delivery.

Public awareness campaigns must also be conducted at places to educate people about their rights and criminal justice system.

UPSC Mains Answer Writing Practice

Mob-violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the cause and consequences of such violence. (2015)