This article has been written by Maneta Milton, a 5th year law student from Alliance university, Banglore.
Introduction
The IPC, a legacy of British colonial rule, has been the backbone of Indian criminal law for over a century. However, its applicability to contemporary challenges has been increasingly questioned. The BNS represents a significant departure from the IPC. The BNS employs simpler and more accessible language, making it easier for the general public to understand. The new code incorporates provisions addressing issues like cybercrime, terrorism, and economic offenses, largely absent or inadequately covered in the IPC. The BNS has enhanced provisions related to sexual offenses, providing stricter punishments and broader definitions of crimes against women. The code emphasizes human rights and dignity, incorporating provisions that protect vulnerable sections of society. The Indian Correctional Code (IPC), ordered in 1860, has filled in as the foundation of India’s law enforcement framework for more than 160 years. Drafted during the English pilgrim period by Ruler Thomas Babington Macaulay, the IPC has been a subject of discussion for its obsolete arrangements and frontier underpinnings. Because of developing cultural standards and the requirement for modernization, the Indian government presented the Bharatiya Nyaya Sanhita (BNS) in 2023. This new regulation expects to resolve contemporary issues, smooth out strategies, and reflect Indian qualities and real factors. This article investigates the advancement from the IPC to the BNS, featuring key changes and their suggestions for the lawful scene in India.[1]
Key words: Criminal Justice Reform, Victim-Centric Approach, Modernization , Cybercrime Provisions, Colonial Legacy, Gender Neutrality, Restorative Justice, Legal Modernization, Community Service, Human Rights Protection
Historical Background of the Indian Penal Code
The IPC was perhaps of the earliest complete code in India, comprising of 511 areas. It was organized to cover many offenses, from violations against the state and public serenity to offenses influencing the human body and property. The code has gone through various corrections to consolidate changes, yet numerous pundits contend that it actually holds remnants of its pioneer past, with specific areas being immaterial or repetitive in the present context. The code reflects frontier perspectives, frequently focusing on state intrigues over individual privileges. Certain segments are viewed as old fashioned, neglecting to address current violations like digital offenses effectively. The IPC has been scrutinized for its insufficient spotlight on casualties privileges and compensation.
The change from the Indian Punitive Code to the Bharatiya Nyaya Sanhita marks a critical development in India’s legitimate scene. By tending to the deficiencies of the IPC and presenting current, casualty driven arrangements, the BNS intends to make a more fair and compelling law enforcement framework. While the new code presents promising headways, its fruitful execution depends on tending to viable difficulties and guaranteeing that the legitimate organization and society embrace these changes. The BNS mirrors India’s obligation to legitimate modernization as well as makes ready for an equity framework that reverberates with the yearnings of a different and dynamic nation. The Bharatiya Nyaya Sanhita marks a critical achievement in India’s lawful history. It addresses an exhaustive work to modernize the criminal regulation framework and address the difficulties of the 21st hundred years. While its execution will without a doubt confront difficulties, the BNS holds the possibility to make an all the more and fair society.
Key Changes in the Bharatiya Nyaya Sanhita
- The BNS updates various definitions to be more inclusive and sensitive. For instance, it replaces outdated terms such as “lunatic” with “person with mental illness” and recognizes “transgender” as a distinct gender category, expanding the legal understanding of gender beyond just male and female.
- For the first time, terrorism is explicitly defined in Section 111, addressing acts that threaten national integrity and public order. The BNS includes provisions for sexual activity under false pretences of marriage, carrying a penalty of up to ten years.
- The age of consent has also been raised, now recognizing a wife’s age at 18 instead of 15 as in the IPC.
- Section 101(2) specifically addresses mob lynching, imposing severe penalties for collective acts of violence based on identity factors[2]
In contrast to the IPC, the BNS makes a number of significant reforms that are intended to rectify the legal system’s shortcomings and bring it into line with contemporary societal demands. The BNS does away with outdated legalese and replaces it with clearer, more understandable language.
For easier understanding, terms like “assault” and “criminal force” have been clarified. Moving away from colonial clichés, the vocabulary represents Indian cultural and societal circumstances.
- The BNS contains extensive provisions to deal with cybercrimes, which the IPC could not fully cover. It presents parts devoted to addressing identity theft, cyberstalking, and other online crimes. With tougher punishments and broader definitions to combat changing threats, the code fortifies the laws against organised crime and terrorism.
- The BNS places a strong emphasis on the rights of victims, including their ability to ask for compensation, take part in legal procedures, and be shielded from abuse and intimidation. In an effort to bring offenders and victims together as well as the community, the code promotes restorative justice procedures.
- The BNS expands the extent of protection by recognising male and transgender victims and introducing gender-neutral wording in sexual offences. In an effort to give women and other marginalised groups stronger protection, the new code enacts harsher penalties against dowries and domestic violence.
- The BNS favours rehabilitative justice above incarceration by including community service as a form of punishment for minor infractions. The code, which takes a cautious approach to the death sentence, keeps the death penalty in place but emphasises that it should only be used as a last resort for extremely serious offences.
- The BNS implements steps to speed up court cases, cut down on delays, and guarantee prompt delivery of justice. By streamlining bail requirements, the new legislation encourages equity and openness in the pre-trial process.[3]
Implications of the BNS
It is anticipated that the BNS will have a major effect on India’s criminal justice system.
Conviction rates may rise as a result of the BNS’s harsher punishments and broader definition of offences. Enhanced safety for females and kids: It is anticipated that the BNS’s emphasis on gender justice will enhance women’s and children’s protection. The introduction of additional offences and harsher penalties under the BNS may cause crime rates to decline.
It may be difficult to adopt the BNS since it will necessitate considerable adjustments to the criminal justice system. All things considered, the Bharatiya Nyaya Sanhita has significantly changed Indian criminal law. It is anticipated to improve victim protection and have a favourable effect on the criminal justice system.
The comprehensive provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 address contemporary crimes, including cyberterrorism, and take into account the evolving nature of criminal acts in the digital age. The BNS formally acknowledges terrorism as a new offence, encompassing actions meant to scare the public, upend public order, or endanger the nation’s unity, integrity, and security. Because of its broad definition, cyber terrorism is covered, which includes using digital platforms to promote fear, incite violence, or interfere with the provision of important services. The BNS’s inception represents a proactive response to contemporary crimes, such as cyberterrorism. It is in line with global best practices and seeks to improve the criminal justice system’s effectiveness in dealing with the intricate and constantly changing risks that technology poses. In order to effectively combat cybercrimes, law enforcement organisations will need to adjust to these changes, which may mean acquiring new training and resources. To summarise, the Bharatiya Nyaya Sanhita, 2023 broadens the definition of terrorism to include organised cybercrimes and expands the jurisdiction to include offences against Indian digital assets. This helps combat contemporary crimes like cyberterrorism. The goal of this legislative framework is to improve how the current criminal concerns in the digital realm are addressed.[4]
Changes in Punishment Framework
The BNS expands the range of disciplines accessible, integrating local area administration as an option in contrast to detainment for minor offenses. This approach means to diminish jail packing and give rehabilitative choices. While the BNS repeals many arrangements of the IPC, it holds specific parts of rebellion regulations under Section 150, but with changes to zero in on activities that truly compromise public safety.
The adoption of community service as a penalty for minor infractions is noteworthy because it attempts to rehabilitate offenders rather than just punish them. There has been a noticeable change in favour of restorative justice techniques. The maximum penalty for carelessness that results in death has been increased from two years to five years. In an effort to better protect women and children, the BNS raises the age of consent from 15 to 18 years old and toughens the penalties for sexual offences. There are specific laws for these offences, with harsh punishments commensurate with the harm they cause to society.
Mob lynching carries special penalties under the BNS, underscoring the necessity to address this social issue that is becoming more and more prevalent. From 511 sections in the IPC to 358 sections in the BNS, the BNS reduces the number of legal provisions and terminology into a more streamlined framework.
The goal of this consolidation is to improve the legal framework’s accessibility and clarity, making it simpler for the general public and legal professionals to grasp the law. By bringing Indian law into line with modern norms and practices, the BNS represents a shift in focus towards tackling contemporary crimes and societal challenges. A shift away from punishment and towards rehabilitation is seen in the addition of community service and a more complex sentencing scheme. The BNS attempts to better safeguard vulnerable groups, especially women and children, with harsher punishments for sexual offences and special provisions for mob lynching.
In summary, the Bharatiya Nyaya Sanhita, 2023 substantially modifies the penal framework set by the Indian Penal Code, reflecting a contemporary, all-encompassing approach to criminal justice that promotes rehabilitation and public safety while addressing modern issues.
Conclusion
An important turning point in India’s legal history was the change from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), which represents a thorough revision of the nation’s criminal justice system. India’s dedication to tackling the intricacies and difficulties of contemporary crime while eschewing the colonial legacies ingrained in the IPC is demonstrated by the implementation of the BNS.
This shift highlights a shift in the direction of a legal system that is more responsive to the needs of modern society, technological developments, and the increasing importance placed on human rights. Modernising the definition and prosecution of crimes is one of the BNS’s biggest reforms. Through the inclusion of measures pertaining to cybercrimes, terrorism, and organised crime, the BNS recognises the dynamic nature of criminal activity and the necessity of a flexible legal framework.
Compared to the IPC, which was frequently criticised for its inadequate ability to properly address new-age offences, this is a significant advance. Furthermore, by emphasising the simplification of legal terminology, the BNS increases public awareness and compliance by making the law easier to grasp. The BNS’s emphasis on a victim-centric approach—which the IPC mainly lacked—is one of its key features.
The new law seeks to provide a more comprehensive kind of justice that goes beyond punishment to include victim restitution and community healing by strengthening victims’ rights and implementing restorative justice techniques. This change brings India’s criminal justice system into line with international norms and encourages a more sympathetic and humanitarian method of enforcing the law.
In addition, the BNS brings about important procedural changes meant to speed up the legal system. It is anticipated that the emphasis on expediting processes and easing bail requirements will decrease case backlogs, improve judicial efficiency, and guarantee prompt justice. To guarantee the successful implementation of these reforms, however, significant training and resource allocation initiatives would be needed.
Notwithstanding these encouraging developments, there are several difficulties in switching from the IPC to the BNS. To fully implement the new legal code, obstacles like reluctance to change, the need for extensive legal education, and the requirement for infrastructure improvements must be overcome. The legal community’s readiness to accept these reforms and society’s willingness to support a more progressive justice system will determine if the BNS is successfully adopted.
The Bharatiya Nyaya Sanhita, in summary, is a daring step forward in the reform of India’s criminal justice system. The BNS aims to promote a more just, egalitarian, and efficient legal environment that embodies the ideals and ambitions of modern India by bringing legal frameworks into line with contemporary realities and ethical norms.
[1] https://www.azbpartners.com/bank/overview-of-the-bharatiya-nyaya-sanhita-2023-penal-code/ accessed on 23/07/2024
[2] < https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023> accessed on 23/07/2024
[3] < https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf> accessed on 22/07/2024
[4] < https://www.thehindu.com/news/national/bharatiya-nyaya-sanhita-has-specific-provisions-on-organised-crime-in-a-first-for-national-laws/article67755898.ece> accessed on 21/07/2024
