A comprehensive guide to Bhartiya Nayay Sanhita for legal professional
Introduction
Bhartiya Nyay Sanhita is Bharat’s new substantive and comprehensive criminal code which is all set to replace the 164 year old Indian Penal Code. The aim of the Bhartiya Nyay Sanhita 2023 is to create a modern legal framework which rational in nature. It embodies the substantive laws relating to criminal offences and punishment regarding it. It signifies the departure from Colonial era.
Contents
Background
Overview
Key provisions
Guide for legal professional
Conclusion
Background of BNS 2023
11 August, 2023 :- Bhartiya Nyay Sanhita was introduced in Lok sabha that is the Lower House of the Parliament by the Home Minister of India Shri Amit Shah.
12 December, 2023 :- It was withdrawn from lok sabha
12 December, 2023 :- Bhartiya Nyay Sanhita (Second) was introduced in Lok Sabha
20 December, 2023 :- It was passed in Lok Sabha
21 December, 2023 :- Bhartiya Nyay Sanhita was introduced in Rajya Sabha that is the Upper House of the Parliament and was passed
25 December, 2023 :- It got the President assent
Overview of BNS
While BNS had retained many offences from the IPC but it also has introduced the long awaited overdue changes such as Sedation has been removed as an offence, adding new laws relation to health care workers and it also has rationalized the punishment of many offences. It has modified the offences given in IPC. It has focused on the women’s safety and protection of vulnerable groups and minorities.
Indian Penal Code was enacted in 1860 that is the British colonial period in India. It as enacted according to that time of social norms, mostly happening criminal offences and the nature of offences, technological advancements and the punishments were decided according to the nature of the crime. Over a period of time the nature of the offences started to deteriorate, there are so many evolutions in technology such as AI and dark web. IPC needed many amendments although there were several amendments but it was not enough.
Bharitya Nyay Sanhita, 2023 is enacted according to the changed social norms, technological advancements and the level and nature of the offences upholding the fairness and justice. The punishments are decided according changes in society. It has got its shape according the decades changes.
Key Features of Bharitya Nyay Sanhita
Provisions related to Cyber Crimes: Over the period of time there are so many advancements in Cyber world. BNS has included provisions regarding the Cyber Crimes like hacking, online frauds and breaches of company fraud. This update is like looking forward for complexities arising in future course in Cyber world.
Provisions for Vulnerable Groups: BNS has added the provisions for the protection of the vulnerable groups which includes the children, elderly people, and mentally or physically disabled person. Strict penalties has been given.
Public order offences: Now-a-days there has been enormous increase in the offences related to public order such as communal riots and violence, terressiom, mob lynching etc. BNS has updated the provisions related to it.
Offences against the women: BNS has retained the provisions related to offences against the women from Indian Penal Code. Although it has increased the threshold of the Victims and it has also increased the punishments related to it. It has also criminalizes the unnatural intercourse and false promises.
Repeals laws: There are many laws from IPC has been repealed in BNS such as adultery, sedation, criminalization of Homosexuality.
Adaption to technology: BNS has adapted the evolution in technology with the legal frameworks. It has given the provisions for the punishments regarding the technological offences. This will help in stabilizing the criminal law in future.
Although BNS has evolved provisions but it is still facing a lot of criticism. People are not ready to accept something and remove something which has its roots from the History. The Social factor and various changes to it is not letting the society to accept the provisions of the BNS which has a shift towards the Restorative justice.
Guide for legal Professional
The Comprehensive Bhartiya Nyaya Sanhita 2003 which is a replacement of 158-year-old IPC is reform in criminal law in India. With the replacement of IPC with Bhartiya Nyaya Sanhita 2023 there are major changes in criminal laws. For replacing the BNS there was continuous timely reviews and updates, the code should evolve along with social customs also. Initial hiccups can be there for accepting the code but it with continuous teachings and conferences about code.
Conclusion
The evolution of Indian penal Code to Bharitya Nyay Sanhita is quite impressive as it shows the evolutions of Social norms, culture etc. It signifies that there is end to the colonial era. BNS is more modern, technological savvy act. It reflects the justice, equality and fairness in the legal frameworks. The success of this transition will be depending upon the acceptance in the society. Its collective effort of several professors, legal professional etc. It’s a comprehensive guide for the modern technological era.
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About the Author
Anju S Nair
Legal Researcher | LLB, MA English| Corporate Lawyer | Business Enthusiast | Founder & CEO at iLawbook.