Changes Brought by Bharatiya Nyaya Sanhita 2023 over Indian Penal Code 1860
BNS 2023 introduces modern criminal law reforms, replacing outdated IPC provisions to tackle emerging crimes.
The Bharatiya Nyaya Sanhita (BNS) 2023 marks a historic legislative shift in India's criminal law framework, replacing the Indian Penal Code (IPC) of 1860. The IPC, formulated during British rule, had long served as the backbone of India's criminal justice system but was often criticized for being outdated and misaligned with modern social realities. The BNS aims to address these concerns by modernizing criminal law, incorporating progressive reforms, and introducing provisions to tackle emerging crimes. This article delves into the major changes brought by the BNS and how it compares to the IPC.
Structural and Terminological Changes
One of the foremost changes is the restructuring of the penal code itself. The IPC, with its 511 sections, has been condensed into a more streamlined version with 358 sections in the BNS. This reduction reflects an attempt to simplify and make the criminal code more accessible. Along with this, the BNS introduces several terminological updates to reflect modern societal values and promote inclusivity. For instance, the language in the BNS is gender-neutral, recognizing "transgender" as a distinct gender alongside male and female under Section 2(10).
In line with global standards, the definition of “child” under Section 2(3) has been updated to include all individuals below the age of 18, ensuring more robust legal protections for minors. The definition of movable property has also been expanded to cover intangible assets like data, reflecting the growing concerns surrounding cybercrimes and digital theft.
Key Modifications in Definitions and Scope
The BNS introduces various modern concepts in its interpretation clauses, which have been alphabetically organized for ease of reference in Section 2. Among these, the expanded definition of theft now includes intangible assets, which means crimes like identity theft and data theft fall under its purview. This is a significant shift, especially in the age of digital crime where personal data is highly valuable.
Furthermore, Section 2(39) of the BNS introduces the Pari Materia clause, which allows definitions from other laws like the Information Technology (IT) Act to be used for interpretation where necessary. This ensures that the law remains dynamic and adaptive to emerging issues.
New Offences and Provisions Introduced by Bharatiya Nyaya Sanhita
The BNS 2023 introduces 21 new offences that cater to the evolving nature of crime in India. These offences reflect contemporary concerns, such as digital crimes, terrorism, and mob violence. Some of the key new offences are:
- Community Service (Section 4(f)): Introduced as a reformative punishment, community service aims to rehabilitate offenders by assigning them socially beneficial tasks like cleaning public spaces, working with NGOs, or acquiring vocational skills such as pottery or stitching. This approach focuses on reform rather than mere punishment, especially for minor offences like non-appearance in response to a proclamation, petty theft (with stolen goods returned), and misconduct in public by an intoxicated person.
- Abetment of Offenses by Foreign Nationals (Section 48): Previously under Section 108A of the IPC, abetment of offences outside India committed by Indian nationals was recognized. The BNS extends this by addressing crimes committed by foreign nationals, marking a significant expansion in the law's jurisdictional reach.
- Organized Crime (Section 111): This section formally defines organized crime, covering offences conducted by criminal groups. The BNS also distinguishes petty organized crime (Section 112), which includes lesser offences committed by organized groups, allowing for a graded approach to punishment.
- Terrorist Acts (Section 113): The BNS addresses terrorist activities on the lines of the Unlawful Activities (Prevention) Act (UAPA). This section codifies stringent penalties for those involved in terrorism, emphasizing India's zero-tolerance stance on terror-related crimes.
- Snatching (Section 304): The BNS formally defines snatching, which was previously dealt with under state-specific amendments like Haryana's Section 379A & B of IPC. The inclusion of snatching as a federal offence ensures uniformity in dealing with such crimes across India.
- Sexual Intercourse by Deceitful Means (Section 69): Engaging in sexual intercourse under false pretenses, such as promises of marriage or employment, is now explicitly mentioned in the BNS. This offence was previously interpreted under Sections 90 and 375 of the IPC but has now been directly codified in the BNS, making the legal framework clearer and more accessible.
- Mob Lynching (Section 103(2)): A response to the rising incidents of mob violence in India, this section defines mob lynching as an act where a group of five or more people commits murder based on grounds like caste, race, or community. The BNS's strict stance on mob lynching is an effort to curb the social menace of communal violence and hate crimes.
- Hit-and-Run Offence (Section 106(2)): Aimed at deterring reckless driving, this section imposes severe penalties for hit-and-run incidents. The BNS builds on the Supreme Court’s judgment in Alistair Pereira v. State of Maharashtra, which emphasized the need for harsher punishments for those who flee the scene after causing accidents.
Significant Sections Replaced in BNS
The BNS has not only introduced new offences but also replaced several outdated sections of the IPC with modernized provisions. Below are some key sections that have been replaced:
- Sedition (Section 124A of IPC): One of the most controversial sections of the IPC, sedition, has been removed from the BNS. This change aligns with the Supreme Court’s intervention in S.G. Vombatkere v. Union of India (2022), where the sedition law was suspended due to its misuse to curb dissent. The removal of sedition from Indian law is a step towards safeguarding freedom of expression.
- Adultery (Section 497 of IPC): Following the Joseph Shine v. Union of India (2018) judgment, the offence of adultery has been decriminalized, reflecting the progressive stance of the judiciary. The BNS upholds this judgment, further promoting gender equality by removing archaic moralistic laws from the penal code.
- Same-Sex Relations (Section 377 of IPC): The decriminalization of same-sex relations under Navtej Singh Johar v. Union of India (2018) has been codified in the BNS. The IPC’s Section 377, which criminalized consensual same-sex relations, is no longer part of India’s legal framework, aligning the country with global human rights standards.
- Attempt to Commit Suicide (Section 309 of IPC): The offence of attempting to commit suicide has been omitted from the BNS, in line with the provisions of the Mental Healthcare Act of 2017. The BNS adopts a more humane approach, focusing on mental health rather than penalizing individuals for suicidal attempts.
- Hate Crimes and Mob Lynching (Section 103(2)): The explicit inclusion of mob lynching as a serious offence addresses the growing concern of hate crimes in India. This section categorizes mob lynching as culpable homicide, sending a strong message about the seriousness of such crimes.
Increased Penalties and Reformative Measures
The BNS also introduces revised punishments and new reformative approaches for certain crimes. Sentences for 33 offences have been increased, and mandatory minimum punishments have been established for 23 offences. For example, in cases of theft, a second conviction results in a minimum punishment of one year, which can extend to five years. This focus on repeat offenders is balanced by the introduction of reformative punishments like community service for first-time petty offenders, signaling a shift towards restorative justice.
Additionally, the BNS places a greater emphasis on victim rights by introducing provisions for victim compensation and support, ensuring that justice serves not only the punishment of offenders but also the rehabilitation and protection of victims.
Conclusion
The Bharatiya Nyaya Sanhita 2023 brings much-needed reforms to India's criminal law system, addressing modern societal issues like cybercrime, terrorism, and hate crimes. By replacing the outdated Indian Penal Code (IPC), the BNS aligns India’s legal framework with contemporary values of inclusivity, fairness, and justice. Although some critics argue that the BNS is merely an evolution of the IPC, the significant updates and modernizations reflect a conscious effort to ensure the law meets the needs of a rapidly changing society.
Sources:
- Bharatiya Nyaya Sanhita, 2023
- Major Changes Introduced by Bharatiya Nyaya Second Sanhita
- Changes Brought Forth by the Bharatiya Nyaya Sanhita, 2023
