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 the colonial era.
Contents
- Background
- Overview
- Key provisions
- Conclusion
> 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 12 December 2023:- It was withdrawn from the Lok Sabha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 the Upper House of the Parliament and was passed
> 25 December 2023:- It got the President's assent
Overview of BNS
While BNS has retained many offences from the IPC it also has introduced the long-awaited overdue changes such as Sedation has been removed as an offence, adding new laws related 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 women’s safety and the protection of vulnerable groups and minorities.
Indian Penal Code was enacted in 1860 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 while, the nature of the offences started to deteriorate, there are so many evolutions in technology such as AI and the 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 fairness and justice. The punishments are decided according to changes in society. It has got its shape according to the decade's changes.
Key Features of Bharitya Nyay Sanhita
1. Provisions Related to Cyber Crimes
Over time there are so many advancements in Cyberworld. BNS has included provisions regarding Cyber Crimes like hacking, online fraud and breaches of company fraud. This update is like looking forward to complexities arising in future courses in Cyberworld.
2. Provisions for Vulnerable Groups
BNS has added provisions for the protection of vulnerable groups which includes children, elderly people, and mentally or physically disabled persons. Strict penalties have been given.
3. Public order offences
Nowadays there has been an enormous increase in offences related to public order such as communal riots and violence, terrorism, mob lynching etc. BNS has updated the provisions related to it.
4. Offences against 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 it has also increased the punishments related to it. It has also criminalised unnatural intercourse and false promises.
5. Repeals laws
There are many laws from IPC has been repealed in BNS such as adultery, sedation, criminalization of Homosexuality.
6. Adaption to technology
BNS has adapted the evolution in technology with the legal frameworks. It has given the provisions for the punishments regarding technological offences. This will help in stabilizing the criminal law in future.
Although BNS has evolved provisions it is still facing a lot of criticism. People are not ready to accept something and remove something which has its roots from 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 Restorative Justice.
Conclusion
The evolution of the 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 an end to the colonial era. BNS is the more modern, technologically savvy act. It reflects the justice, equality and fairness in the legal frameworks. The success of this transition will depend upon the acceptance in the society. It's a collective effort of several professors, legal professionals 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