The persistently inadequate state of India's criminal justice administration system has drawn significant attention, prompting various proposals for improvement. Noteworthy among these discussions is the fact that the President granted permission to three bills - Bharatiya Nyaya (Second) Sanhita, Bharatiya Sakshya (Second) Bill, and Bharatiya Nagarik Suraksha (Second) Sanhita. These new legislations aim to replace the colonial-era Indian Penal Code (IPC) from 1860, the Code of Criminal Procedure from 1973, and the Indian Evidence Act from 1872. The primary objective behind these legislative changes is to 'decolonise' the British-era criminal laws and ensure that the new legal framework reflects and embodies the essence of 'Indianness.’
This post will focus exclusively on the Bharatiya Nyaya Sanhita (BNS), which aims to replace the Indian Penal Code (IPC). The BNS consists of 356 provisions, a reduction from the 511 sections in the IPC. Here are the significant changes it proposes:
Crimes Against Women and Children
- The BNS introduces a new chapter specifically addressing sexual crimes against women and children.
Rape Provisions
- Proposed changes to provisions regarding the rape of women below 18 years of age.
- Consistency with the Protection of Children from Sexual Offences (POCSO) for gang rape of a minor woman.
Punishments for Offences
- For girls below 18 years, BNS suggests life imprisonment or death penalty.
- A provision for 20 years imprisonment or life imprisonment for all cases of gang rape.
- Introduction of a new crime category: gang rape of a woman under 18 years of age.
- Specific penalties for fraudulent engagement in sexual intercourse or false promises of marriage.
Terrorism Definition and Offences
- Terrorism is defined for the first time in BNS, making it a punishable offence.
- Various terrorist offences are introduced.
- Criminalisation of the destruction of public facilities or private property.
- Acts causing widespread loss due to damage or destruction of critical infrastructure are covered.
Organised Crime
- Introduction of a new criminal section related to organised crime.
- Definition of organised crime for the first time in BNS Section 111(1).
- Punishment for illegal activities conducted by syndicates.
Offenses Against Sovereignty
- Inclusion of offences such as armed rebellion, subversive activities, separatist activities, or any act threatening the sovereignty, unity, and integrity of India.
- Criminalisation of small organised crimes, punishable with imprisonment of up to 7 years (Section 112).
- Sedition decriminalised
Economic Offences
- Definition of economic offences, including acts like tampering with currency notes, bank notes, and government stamps, as well as running schemes or embezzlement in banks or financial institutions.
Penalties for Organised Crime
- In cases of a person being killed in organised crime, the accused can face death or life imprisonment.
- Imposition of a fine, not less than Rs 10 lakh.
- Provision for punishment for those aiding in organised crime.
New Provision on Mob Lynching
- Introduction of a new provision addressing crimes related to murder based on race, caste, community, etc.
- Imposition of life imprisonment or death penalty
Community Service
- BNS introduces community service as an alternative penalty for specific offences, reflecting a novel approach to punishment
In conclusion, the enactment of the Bharatiya Nyaya Sanhita (BNS) marks a significant stride towards a more contemporary and culturally aligned legal framework for India. The persistent issues within the criminal justice system have spurred a proactive response, with these legislative changes aimed at 'decolonising' British-era laws and infusing the essence of 'Indianness' into the legal fabric.
The spotlight on BNS, particularly in replacing the antiquated Indian Penal Code (IPC), underscores a commitment to address evolving societal needs. The introduction of specific provisions catering to crimes against women and children, reforms in rape provisions, and the explicit definition of terrorism signal a nuanced approach to contemporary challenges.
However, a key challenge lies in the seamless transition from the IPC to BNS, particularly in handling pending matters. The effectiveness of this departure hinges on the adaptability and responsiveness of the judicial system. Courts will play a pivotal role in interpreting and implementing the new provisions, ensuring justice is delivered in a manner consistent with the evolving legal landscape.
Looking ahead, the real litmus test for the effectiveness of BNS will unfold in the coming years. The successful integration of these legal reforms into practice, coupled with the ability of the courts to navigate the transition without compromising justice, will determine the true impact of these groundbreaking legislative changes on India's criminal justice system. As the legal fraternity braces for this transformative journey, the hope is that BNS will not only modernise but also streamline the administration of justice in India, fostering a system that is more reflective of the nation's ethos and responsive to its evolving needs.
