Overhauling the Criminal Code’ was probably the most trending phrase last weekend. Our Home Minister Mr. Shah introduced three bills in the popular house that seek to replace the older laws. BNS (Bharatiya Nyaya Sanhita) seeks to replace Indian Penal Code (IPC), Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS Bill) seeks to replace the Code of Criminal Procedure 1973 and Bharatiya Sakshya Bill, 2023 (BS Bill) seeks to replace Indian Evidence Act, 1872. Will it overhaul the most popular laws of the country or not? Do these laws meet the requirements of the present-day society? Only time has answers to such questions. In this article, we will discuss majorly about Bhartiya Nyaya Sanhita and of my understanding of it in the last few days of perusing it.
Why the new law?
Although the Indian Penal Code was meeting the requirements of the present day, there were a few lacunae that could have been removed by amendment to the law. The Statement of Objects and Reasons state that the Governement of India in order to strengthen law and order, focus on simplifying the legal procedure, make laws relevant to contemporary situations, provide speedy justice and make law more citizen-centric, is proposing to enact the Bharatiya Nyaya Sanhita Bill, 2023 by repealing Indian Penal Code. Further, the proposed law provides for community service as one of the punishments for petty offences and gives precedence to offences against women and children, murder and offences against the State. It also introduces various new offences, such as Lynching, Organised crimes, secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India.
What has really changed?
New offences, Major attraction of the Law is Sedition (Section 124A of the Indian Penal Code), which has been removed. However, a similar provision has been kept in Chapter VII under Section 150, “Acts endangering sovereignty unity and integrity of India”. Section 150 of BNS is broader than Section 124A of IPC in the sense Section 150 includes electronic communication and financial means. Further Section 150 (BNS) includes secession, armed rebellion, subversive activities, encouraging separatist activities, and, endangering sovereignty, unity and integrity in the place of hatred, contempt and disaffection of the IPC. The proposed law punishes more severely than IPC.
Another attraction is ‘Mob Lynching’. Section 101 (BNS) provides for ‘Punishment for Murder’. Sub-section 2 provides, “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground”. The proposed section punishes with death, imprisonment for life or imprisonment for seven years and a fine.
Another new addition is in Chapter II which provides for punishments. Section 4 introduces Community Service as punishment. Section 4 also enhances “Imprisonment for life, that is to say, imprisonment for the remainder of a person’s natural life”.
The proposed law also seeks to punish ‘Organised crime’. Section 109 (BNS) recognises group, syndicate and punishes illegal activities, such as kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences and cyber-crimes, conducted either by them or on their behalf. The section also punishes attempt, conspiracy, membership, harbouring and holding property in relation to organised crime. Section 110 (BNS) punishes Petty organised crime or organised crime in general. Section 111 (BNS) proposes to punish terrorist acts which are acts committed with the intention to threaten the unity, integrity and security of India or to intimidate the general public. Section 302 (BNS) defines and punishes ‘snatching’.
Section 377 (IPC) finds no place in the proposed Act and Rape has not been gender neutralised which leaves a grey area in sexual offences against males and LGBTQ.
Rest the proposed law seeks to orderize the statute by putting offences related to women and children in a single chapter and by adding Section 2 which serves as definition clause of the act.
Well, the proposed Bill will take time to become a reality. In my opinion, it is a step forward to modernise criminal law and putting it at par with new technological advances. Modernise in the sense that it includes new categories of crimes within the purview of Indian Criminal Law. The main lacuna that i feel exist is that it does not address cybercrimes. Rest, to study the impact of law will take time.
