MAJOR DIFFERENCES BETWEEN IPC AND BHARTIYA NYAY SAHITA
Author: Nakshatra Sandeep Dapse, a Student of DES Shri Navalmal Firodiya Law College
The Bharatiya Nyaya Sanhita (BNS) is a proposed amendment to India's criminal code, which aims to modernize and adapt the existing system. The Bill aims to consolidate certain provisions of the Indian Penal Code (1860), Indian Evidence Act (1872), and Code of Criminal Procedure (1973) with a more concise structure (356 sections compared to 511 in the IPC). It also introduces new offences such as hate speech and terrorism, while re-characterizing sedition as acts threatening India's sovereignty, unity, and integrity.
The BNS has a better structure with 19 chapters and 356 Sections, suggesting the elimination of 22 IPC provisions, revising 175 existing provisions, and adding 8 new sections. The major changes and major differences in the BNS include penalties for sex-related crimes, such as increased maximum sentences for sexual offenses, and the introduction of a capital penalty for mob lynching. This move demonstrates the government's commitment to reducing mob violence and ensuring individuals' safety and dignity.
Sedition is abolished by the BNS, punishing those who advocate or attempt to encourage secession, armed revolt, or subversive operations, incite emotions of separatism, or jeopardize India's sovereignty, unity, and integrity. Offenders may face up to seven years in jail or life in prison, as well as a fine. The BNS also recognizes the need to protect women against exploitation disguised as marriage, job offers, or promotions, making such exploitation illegal.
The BNS has significantly changed its terminology, replacing offensive terms like "lunatic person" and "person of unsound mind" with more delicate terms like "person suffering from mental illness" or "having an intellectual disability." This change is reflected in Section 22 of the BNS, which corresponds to Section 84 of the IPC, and Section 28(b), which corresponds to IPC Section 90(b). Additionally, Section 139 of the BNS states that importing boys under 18 for illegal intercourse is also a crime. This change is seen as a step towards criminal law equality and introduces organized crime and minor organized crime, i.e., Sections 109 and 110 of the BNS.
However, the introduction of these bills may raise concerns among stakeholders. To ensure robust legislative passage, a multi-pronged approach is needed, including comprehensive outreach to lawmakers, highlighting the bills' merits, and seeking cross-party backing. Ensuring the integrity and intent of the bills is also vital, with vigilantness against dilution or delays.
The transition from legislative approval to implementation can be complex, requiring a phased and time-bound strategy. This includes targeted awareness campaigns, inter-agency coordination, and stakeholder involvement. Adapting to unforeseen consequences is crucial, and periodic assessments and reviews can identify gaps and enable swift corrective action. By addressing stakeholder concerns, securing legislative support, strategizing implementation, and proactively addressing unforeseen consequences, bills can overcome obstacles and become instruments of positive change.
In conclusion, the proposed BNS represents a revamp of India's legal framework to simplify and modernize the existing system. This comprehensive legislative endeavor addresses an array of issues, such as imposing penalties for sex-related crimes, tackling terrorism and mob lynching, emphasizing women's rights, and updating language to align with evolving norms. However, the introduction of the BNS also raises concerns and challenges among various stakeholders. To ensure its acceptance and effective implementation, it is crucial to engage clearly and address any apprehensions that may arise. Moving from approval to implementation necessitates planning, coordination among different agencies, and public awareness campaigns. Regular assessments and reviews will be crucial in addressing any consequences that may emerge. By navigating these challenges, the BNS has the potential to become a symbol of reform that fosters a fairer and more equitable society in India.
REFERENCES:
https://www.rediff.com/news/report/bills-to-replace-ipc-crpc-introduced-in-lok-sabha/20230811.htm
https://p39ablog.com/wp-content/uploads/2023/08/Bharatiya-Nyaya-Sanhita-Bill-2023-Research-Brief.pdf
https://en.wikipedia.org/wiki/Bharatiya_Nyaya_Sanhita
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