The Indian Penal Code, which was designed after British criminal law, controls and punishes India rather than providing support or protection. Several parts of this penal law are no longer relevant since society has evolved so much. To protect the rights of Indian citizens, the Union Government of India suggested Indian Legal Reforms by changing the colonial-era criminal statutes. In order to replace the Indian Penal Code (IPC), the Minister of Home Affairs introduced different measures in the Lok Sabha.
Bhartiya Nyaya Sanhita 2023
- The Bhartiya Nyaya Sanhita (BNS) Bill, 2023, replaces the Indian Penal Code and includes several significant revisions.
- The bhartiya nyaya sanhita bill is referred to as the “new penal code.”
- Apart from tackling issues related to gender equality, organized crime, as well as terrorism, the bill also gets rid of outdated laws like Section 377.
IPC Revision 2023 through Bhartiya Nyaya Sanhita: Important Highlights
The important highlights in the IPC Revision 2023 through Bhartiya Nyaya Sanhita 2023 are as follows:
- This has added new aspects to crime, evidence, and investigations. Simplifying and streamlining the legal framework can increase transparency and understanding.
- It includes most of the violations under the IPC. An extra penalty is the addition of community service.
- Sedition is no longer illegal. Instead, any conduct that jeopardizes India’s integrity, unity, or sovereignty is now subject to a new penal code.
- Terrorism is included in the BNS. It is defined as an action meant to incite fear among the population, disturb the peace, or jeopardize the unity, integrity, and security of the country.
- The addition of organized crime is a new crime. It covers acts committed on behalf of criminal groups, including hacking, extortion, and kidnapping. These days, even small-time organized crime is illegal.
- A group of five or more people can be found guilty of murder if they follow a specific identification marker, such as caste, language, or religious beliefs. In addition to a fine, the group faces life in prison or death.
New Legal Provisions India: The Bhartiya Nyaya Sanhita 2023
The goal of the Bhartiya Nyaya Sanhita 2023 is to replace the IPC with many important and new provisions.
- Repeal of Sedition Law: Section 124A of the Indian Penal Code, which was passed during the colonial era, has been removed. The revised BNS, Section 150, seeks to criminalize “subversive activities, armed rebellion, or secession.”
- Crime and Punishment India under Community Service: A key change to the new penal code includes community service as one of the penalties for minor infractions.
- Organized Crimes: The BNS’s Section 109 contains laws addressing organized crime. If an individual passes away due to organized crime, they will either be put to death as a penalty or remain in prison for life.
- Right to Private Defense: Section 44 of the BNS gives individuals the freedom to protect themselves from deadly attacks, such as mob attacks.
- Gender Neutrality: As of right present, all of the infractions are categorized as belonging to the same gender.
- Death sentence: Crimes involving the rape of minors and mob lynching now carry provisions for the death sentence.
- Trial Against Civil Servants: A trial against a civil servant or police officer will start right away if permission is not given within 120 days of the request.
- Trial in Absentia: Proceeds involving fugitives will be made easier by a new regulation that permits criminal proceedings to take place in absentia.
Criticism against the Justice System India 2023: The Bhartiya Nyaya Sanhita 2023
- Criminal Responsibility Age Difference: The seven-year-old criminal responsibility age is still in place, albeit it may be raised to twelve years old based on the accused’s level of maturity. International conventions may advise against doing this.
- Definitions of Child Offenses Are Inconsistent: The Bureau of Native Studies states that anyone under the age of eighteen is a kid, although there are several age requirements for distinct crimes against minors. There are differences, for instance, in the minimum age requirements for offenses like rape and gang rape.
- Sovereignty Issues and Sedition Provisions: While sedition is no longer illegal under the BNS, there may still be certain implications for circumstances in which India’s integrity, unity, or sovereignty are in jeopardy.
- Preserving IPC Provisions on Sexual Harassment including Rape: The BNS upholds the IPC’s provisions against sexual harassment and rape. It dismissed the Justice Verma Committee’s 2013 recommendations, which included criminalizing marital rape and making rape a gender-neutral felony.
The Bhartiya Nyaya Sanhita is a positive step toward a more modern legal system, as it is anticipated to bring about reforms to Indian criminal law. It not only amends the existing IPC law but also introduces several new laws. i.e., The Bhartiya Sakshya Sanhita Adhimayam 2023 (bss act) as well as the Bhartiya Nagarik Suraksha Sanhita (bnss act) that have the potential to improve the efficiency, fairness, and transparency of the legal system. But meticulous execution and continuous oversight will be just as crucial to safeguarding the rights of Indian citizens as merely enforcing the law. All things considered, the BNS of 2023 is a comprehensive legislative framework committed to justice and mindful of the shifting demands of society.
Bhartiya Nyaya Sanhita 2023 FAQs
How does Bharatiya Naya Sanhita affect gender equality?
Gender-neutral provisions are one of the noteworthy features of the Bharatiya Nyaya Sanhita Bill, 2023, which seeks to replace the Indian Penal Code (IPC). This implies that some crimes and concepts of the law that were formerly gender-specific have been changed to apply to both genders equally.
What is the notification regarding Bharatiya Naya Sanhita?
The new criminal laws, known as the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, have been announced by the Union Government to take effect on July 1, 2024. Regarding the day on which these three laws go into effect, the Ministry of Home Affairs released three notifications today.
What is Section 69 of the Bhartiya Nyay Sanhita?
Section 69 of the Bharatiya Nyaya Sanhita (BNS) protects women from false promises, particularly when it comes to marriage, cohabitation, and employment.
How many sections are there in Bharatiya Nyaya Sanhita?
With 358 provisions compared to the 511 sections of the IPC 1860, the Bharatiya Nyaya Sanhita Bill 2023 was intended to change the way criminal justice is delivered in India.
Has Bharatiya Nyaya Sanhita been passed?
With the consent of the President, the 163-year-old Indian Penal Code will be replaced with the Bharatiya Nyaya (Second) Sanhita (BNS).
What is 106 2 of Bharatiya Naya Sanhita?
Anyone who kills someone by recklessly operating a vehicle in a way that does not constitute culpable homicide and then flees the scene without reporting the incident to a police officer or magistrate as soon as possible faces a term of imprisonment that can go up to ten years in addition to a fine.
What is cruelty under BNS?
“Cruelty” is defined as any deliberate behaviour that puts a woman in danger of suicide or poses a serious risk to her life, limb, or health, whether it be physical or mental.
What is the difference between IPC and Bharatiya Nyaya Sanhita?
The majority of IPC offenses are retained under the Bharatiya Nyaya Sanhita (BNS). In addition, community service is added as a penalty. Sedition is not a crime anymore.
Has Bharatiya Nyaya Sanhita been implemented?
On December 25, 2023, President Droupadi Murmu gave his consent to the Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, which will take the place of the Indian Penal Code, 1860, the Code of Criminal Procedure, 1898, and the Indian Evidence Act, 1872, respectively.
With the goal of giving students the best education available for law entrance exams including the CLAT, AILET, and numerous state judiciary exams, Jyoti Judiciary Coaching, India’s Finest educational Platform, was established. Come enroll now with Jyoti Judiciary!
For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf
