Introduction
The Bharatiya Nyay Sanhita (BNS) officially replaced the erstwhile criminal code of IPC on 01 July 2024, with the provisions under the IPC, CrPC and Indian Evidence Act being included in the Bharatiya Nagrik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam. The first case was registered for motorcycle theft under the new Bharatiya Nyay Sanhita in Madhya Pradesh.
Bharatiya Nyay Sanhita
The Bharatiya Nyay Sanhita, BNS is the official criminal code of India, which replaced the Indian Penal Code ( IPC) and Code of Criminal Procedure (CrPC) on July 01, 2024. Amit Shah presented the Bharatiya Nyay Sanhita Bill, 2023 on 11 August 2023 but was later withdrawn on 12 August 2023. After making the necessary modifications, the Bharatiya Nyay (Second) Sanhita Bill, 2023 was passed on December 20 2023.
The Bharatiya Nyay Sanhita aims to replace the criminal code introduced by the British and also increase the punishment term for certain crimes. It also adds community service as a punishment for some crimes and makes video evidence primary evidence. The police are also supposed to record videos of the crime scene. It makes forensic analysis compulsory for all the serious offences cases having a punishment term of 7 years or more. The states that do not have their forensic units have been given an exemption of at most five years for setting up them.
History of IPC and CrPC
IPC: The Indian Penal Code (IPC) was first introduced during British Rule in 1862 and was later inherited as the official criminal code of the Republic of India after independence. The IPC aimed to provide a general penal code to the country. The IPC was divided into 23 chapters comprising 511 sections.
CrPC: The Code of Criminal Procedure or Criminal Procedure Code came into force on 01 April 1974. It covered crime investigation, maintenance of wife, child and parents, collection of evidence, determination of punishment of guilty, public nuisance, apprehension of suspects etc. It was replaced by Bharatiya Nagrik Suraksha Sanhita from 01 July 2024.
Changes in some commonly known laws under BNS
Under the Bharatiya Nyay Sanhita (BNS) some commonly known laws and IPC sections have been assigned a new section number or have been removed. It has also reduced the number of sections from 511 to 358. A few of the changes are listed below:
- Bharatiya Nagrik Suraksha Sanhita: It extends police custody of an individual from 15 to 90 days and allows trial in absentia. It introduces Zero FIR i.e. a person can file an FIR at any station. Also, forensic investigations for serious offences have become mandatory along with the collection of digital evidence. It also allows electronic summons and the Witness Protection Scheme.
- The BNS has also added 21 new offences including terrorism, hate speech and organised crime.
- Mob lynching has been introduced as a new offence that can be punishable with the death penalty.
- Community service has been introduced as a mode of punishment for minor offences such as petty theft.
- Section 377 has been removed from BNS.
- Section 144: The section under which offence regarding the gathering of five or more number of
people during a curfew fall, has now been assigned Section 163 under Bharatiya Nagrik Suraksha Sanhita.
- 420 to 138: Under IPC, the cases of cheating were registered under Section 420. But from now on, they’ll be registered under Section 138. No law has been assigned to Section 420 under BNS and hence scrapped. Section 420 was such a popular law that it became a part of daily language and movie culture, with people often referring to fraudulent people using the number 420.
- Murder which was previously categorised under Section 302 of IPC has now been assigned to Section 103. Similarly, the legal definition of rape has been moved and redefined under Section 64 of BNS from Section 376 of IPC.
Why did BNS replace IPC?
The BNS was introduced to repeal the IPC and to consolidate and amend the provisions relating to the offences. The BNS strikes a balance between over-criminalisation and de-criminalisation, some of the general offences, such as offences against the human body and the State, still find their way into the BNS. However, keeping up with the need for change, offences under various provisions, such as Section 377, Section 124-A, and Section 309, of the IPC do not find any place. Offences such as hit-and-run matters have been recognised, embarking a positive move under Section 106 of the BNS and the punishment is enhanced to 10 years.
The ‘nyaya’ signifies social justice. The present BNS transitions from the idea of punitive to nyaya and restrains the deterrence aspect, introducing provisions which focus on providing justice to all stakeholders. The aspect of Nyaya is visible through the transition from the retributive to the reformative approach. Several punishments have been balanced, enhancing some of the sentences and posing of minimum statutory sentencing pattern.
The introduction of ‘community service’ as a form of punishment under Section 4 has been a step in the right direction. 5 The introduction of community service for minor offences marks a ground-breaking approach in India’s legal system. The Indian criminal justice system is primarily based on the principle of retribution and considers crimes offences against the state, it acknowledges the need for a shift towards prioritizing the rights and concerns of the victims. The Offenders and the victims are the most important stakeholders of any crime, and the introduction of this form of reformative punishment is a form of ‘Nyaya’.
Response from the Public and Opposition
The Bharatiya Nyay Sanhita (Indian Penal Code) is foundational to India’s legal system, addressing crimes, punishments, and procedures. Citizens of India may respond positively to aspects of the IPC for several reasons. It provides a clear framework for defining crimes and specifying punishments, ensuring consistency in how justice is administered across the country. Many citizens appreciate the historical legacy of the IPC, which was drafted in 1860 and has since been amended to reflect contemporary needs while preserving its core principles.
It upholds principles of justice by outlining procedures for fair trials and ensuring that individuals are held accountable for their actions according to established laws. Amendments to the IPC over time reflect evolving societal norms and challenges, demonstrating its adaptability to address new forms of crime and changing circumstances. The IPC serves as a crucial component of legal education and awareness among citizens, fostering a better understanding of their rights and responsibilities.
Overall, the positive response from citizens of India towards the Bharatiya Nyay Sanhita often stems from its role in maintaining law and order, ensuring justice, and providing a legal framework that has stood the test of time while evolving to meet contemporary needs.
Conclusion
In conclusion, the implementation of the Bharatiya Nyay Sanhita (Indian Penal Code) marks a cornerstone in India’s legal history, embodying principles of justice, clarity, and adaptability. Originally drafted in 1860 and continually amended to reflect societal changes, the BNS provides a robust framework for defining crimes, specifying punishments, and ensuring consistency in legal proceedings nationwide.
Its historical legacy, coupled with its role in safeguarding public safety and promoting fairness in trials, underscores its significance in the Indian legal system. As India progresses, the BNS remains pivotal in upholding law and order while adapting to contemporary challenges, thereby reinforcing its enduring relevance in safeguarding the rights and responsibilities of citizens.
-SHIVANGI & BHAWNA
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