Bharatiya Nyaya Sanhita Bill 2023

23 Dec Bharatiya Nyaya Sanhita Bill 2023

Posted at 23 Dec 2023 in Current Affairs by rishabh 0 Comments

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This article covers “Daily Current Affairs” and the topic details “ Bharatiya Nyaya Sanhita Bill 2023”. This topic has relevance in the Polity and Governance section of the UPSC CSE exam.

GS 2: Polity and Governance

Why in the news?

Recently, the Lok Sabha passed three Bills through a voice vote, signaling a significant step towards the comprehensive reform of India’s criminal justice system by replacing outdated colonial-era laws. Among these, the Bharatiya Nyaya Sanhita Bill 2023 introduces substantial modifications to the Indian Penal Code it intends to supplant.

Background:

The Indian Penal Code (IPC), drafted in 1834 by the first Law Commission under the chairmanship of Thomas Babington Macaulay, came into effect in January 1860. The BNS Bill, introduced in 2023, seeks to replace the IPC with a more modern and updated set of laws. In contrast to the IPC’s 511 sections, the BNS Bill is designed with 356 provisions, reflecting a streamlined and contemporary approach to criminal legislation.

Key Reforms in Recent Indian Legislation:

The recent legislative changes in India aim to overhaul the criminal justice system by replacing colonial-era laws with a distinctly Indian ethos. Three crucial bills, the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Bill, 2023, have been introduced to replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.

New Offenses under Bhartiya Nyaya Sanhita, 2023:

Deceitful Promise to Marry:
- Clause 69 addresses the love jihad narrative, criminalizing deceitful promises to marry.
- Criminalizes consensual sexual activity through the provision on sexual intercourse not amounting to the offense of rape.
- Targets false promises of marriage, employment, promotion, inducement, or marriage after suppressing identity.
Provisions on Mob Lynching:
- Codifies offenses related to mob lynching and hate-crime murders, punishing mobs of five or more individuals committing murder.
- Punishments extended from life imprisonment to death.
- Originally proposed minimum sentence aligned with murder charges.
Dealing with Organized Crime:
- Marks a significant shift by bringing organized crime under ordinary criminal law.
- Eliminates the need for special state legislations, such as the Maharashtra Control of Organized Crime Act, 1999.
- Uniform punishment for attempting or committing organized crime; severity depends on whether death is involved.
Petty Organized Crime:
- Introduces a distinct category criminalizing activities like theft, snatching, cheating, unauthorized selling of tickets, unauthorised betting or gambling, selling of public examination question papers.
- Drops the overbroad language causing “general feelings of insecurity” from the earlier version.
Terrorism:
- Adopts language from the Unlawful Atrocities Prevention Act, expanding the scope of terrorism within ordinary criminal law.
- Borrowing definitions from the Philippines Anti-Terrorism Act, 2020.
- Broader provisions on terror financing compared to UAPA, raising questions about concurrent operation and procedural differences.
Provision on Attempted Suicide:

- Criminalizes attempts to commit suicide with the intent to compel or restrain a public servant from discharging official duties.
- Prescribes jail term up to one year with community service.
- Aims to prevent self-immolations and hunger strikes during protests.

Provisions Repealed Under Bharatiya Nyaya Sanhita, 2023:

Unnatural Sexual Offenses (Article 377):
- Section 377 of the IPC, criminalizing homosexuality and unnatural sexual activities, has been repealed.
- Concerns arise due to the total omission of Section 377, as it could still be useful in addressing non-consensual sexual acts, especially given the gendered nature of rape laws.
- The Supreme Court in 2018 declared Article 377 unconstitutional only in the context of criminalizing consensual homosexual relationships.
Adultery:
- The offense of adultery, previously deemed unconstitutional by the Supreme Court in 2018, has been omitted under the Bharatiya Nyaya Sanhita (BNS).
Provision on Thugs:

- Section 310 of the IPC, labeling individuals associated with robbery or child-stealing as “thugs,” is fully omitted under the BNS.
- Criticized for attaching colonial notions of criminality, especially concerning certain tribes.

Changes Added to Existing Laws:

Gender Neutrality:
- While rape laws continue to apply only to women, the BNS introduces gender neutrality in other laws, especially those related to children.
- Offenses dealing with procuration of a girl (366A of the IPC) made gender-neutral.
- Uniform age limit of 18 for both males and females in the offense of kidnapping minors (Section 361 of the IPC).
Fake News:
- Introduces a new provision in place of Section 153B of the IPC, criminalizing the publication of false and misleading information.
- It aims to combat the spread of fake news, addressing concerns related to national harmony.
Sedition:
- Despite initial claims of repealing the law on sedition, the BNS introduces the offense under a new name (from rajdroh to deshdroh) with a broader definition.
- Encompasses aiding through financial means acts of subversive activities and encouraging separatist sentiments.
Mandatory Minimum Sentence:

- Section 303 of the IPC, which mandated a death sentence for murder committed by a life-convict, was struck down in 1983 as unconstitutional.
- The BNS modifies this provision, prescribing a punishment of death or imprisonment for life, meaning the remainder of the person’s natural life.

Conclusion:

The adoption of the Bharatiya Nyaya Sanhita and associated reforms represents a significant transformation in India’s criminal justice system. Beyond numerical changes, these reforms signify a reclaiming of India’s identity, shedding the colonial legacy that had left indelible marks on the system. The paradox of India’s criminal justice system, deeply influenced by colonial history, is being addressed through these legislative changes.