The Bhartiya Nyaya Sanhita Bill, 2023

Bhartiya Nyaya Sanhita Bill 2023

Why in News?

Recently a parliamentary committee has reviewed the Bhartiya Nyaya Sanhita (BNS) 2023 bill, proposing significant changes to India's criminal justice system.

Union Home minister and minister of cooperation, Shri Amit shah, has introduced three new bills in the lok sabha that propose a comprehensive revamp of the country's criminal justice system.

These three bills are intended to replace the existing laws: the Indian penal code (IPC), the Code of Criminal Procedure (CRPC 1973) and the Indian Evidence Act, 1872. 

• The IPC will be replaced by the Bhartiya Nyaya Sanhita Bill, 2023.

•The CRPC will be replaced by the Bhartiya Nagrik suraksha sanhita bill, 2023.

•The Indian Evidence Act will be replaced by the Bhartiya sakshya Bill, 2023.

The Indian penal code (IPC) is a comprehensive code that defines criminal offences in India. It was enacted in 1860 by the British colonial government and is still in force today. The IPC is a very important piece of legislation in India. It is the basis for the criminal justice system in the country. 

The Bharatiya Nyaya Sanhita Bill aims to bring about several changes in substantive criminal law. The Bill addresses offences of the following categories:

• Against the human body such as assault and murder

•Against property such as extortion and theft

• Against public order such as unlawful assembly and rioting

• Against public health, safety, decency, morality, and religion; defamation, and

• Against the State.

The Bill has incorporated changes brought about in criminal law by judicial decisions, such as the omission of adultery and consensual same-sex intercourse. Aspects such as organized crime and terrorism have been added to the Bill as well. Most of the substantive parts of IPC, including the language and definitions of most offences (such as culpable homicide and murder) have been retained, whereas some changes in conceptual aspects have also been included, such as increased punishment for some offences, and a shift in penology by way of including community service as a punishment, etc.

Key highlights of the Bhartiya Nyaya Sanhita Bill 2023

Sedition:

The current IPC section 124-A deals with sedition and prescribes penalties ranging from life imprisonment to up to three years, along with a possible fine. In the Bharatiya Nyaya Sanhita Bill, section 150 under the ‘ Offences against the State’ chapter addresses acts that endanger India’s sovereignty, unity, and integrity. 

Terrorism:

The Bharatiya Nyaya Sanhita Bill introduces a clear definition of terrorism, which was absent in the IPC. 

A terrorist is defined as someone who commits acts in India or abroad with the intent to threaten India’s unity, integrity, and security, intimidate the public, or disrupt public order.

Defamation:

In the Bharatiya Nyaya Sanhita Bill, defamation can lead to imprisonment for up to two years, a fine, community service, or a combination of these.

Marital Rape:

The provision legalizing marital rape remains in the new Bill.

Sexual Exploitation:

The new Bill considers the sexual exploitation of women on the pretext of marriage, job, promotions, or false identity as a crime.

Speedy Legal Procedure:

The proposed Bill mandates filing a charge sheet within 90 days, with an additional 90-day extension upon court permission.

The investigation must conclude in 180 days, followed by trial and judgment within 30 days.

In summary, the Bharatiya Nyaya Sanhita Bill, 2023, represents an attempt to ‘Indianize’ our substantive criminal law that has sometimes been critiques as a colonial vestige. At the same time, several aspects of the language and ambit of offences (such as definition) have been retained in many cases, with the primary change being that the BNS attempts to convert judicial pronouncements into legislative provisions. It is essential to closely monitor the progress of this Bill through the legislative process to fully understand its implications and the changes it may bring to the Indian legal framework.

-Prachi Golait

(BA LLB -MGU Bhopal)