The Bhartiya Nyaya Sanhita (BNS) BILL 2023: A Brief Overview

A BRIEF OVERVIEW

In a landmark move towards reforming India's legal and judicial landscape, on August 11, 2023, the Home Minister of India, Amit Shah, introduced three bills in the esteemed House of Lok Sabha. This is a momentous and pivotal step in India’s existing Criminal Justice System as it aims to revamp and replace the colonial laws, namely the Indian Penal Code, The Code of Criminal Procedure, and The Indian Evidence Act, which have been in place since British Rule.

The Indian Penal Code is set to be replaced by The Bharatiya Nyaya Sanhita, 2023 while The Code of Criminal Procedure will be replaced by the Bhartiya Nagarik Suraksha Sanhita, 2023. Additionally, the Indian Evidence Act will be substituted with the Bhartiya Sakshya Bill, 2023.

This article will explore the Bharatiya Nyaya Sanhita (BNS) Bill and its impact on current criminal laws, highlighting the significant changes it has introduced.

BACKGROUND

In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of NLU, Delhi. This committee was tasked with reviewing the three codes of criminal law.

The committee's focus was on ensuring the safety and security of individuals, communities and the nation as a whole. Throughout its deliberations the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.

Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inner worth of every individual.

ABOUT BNS BILL 2023

The initial draft of the Indian Penal Code was drafted by the first Law Commission which was chaired by Thomas Babington Macaulay in 1834. The code came into force in January,1860.

Fast forwarding to the year 2023, a significant legislative development emerges in the form of Bhartiya Nyaya Sanhita Bill. This legislative proposition holds the intention to not only revoke but also supplant the IPC, presenting a substantial overhaul of India's criminal legal architecture. The BNS Bill introduces a spectrum of revisions to the existing legal clauses, particularly concerning domains such as defamation, offences against women and acts related to attempted suicide.

A distinct divergence between the two legal codes arises in their extent and purview.

While the IPC comprises of 511 sections, the Bhartiya Nyaya Sanhita Bill encompasses a consolidated count of 356 provisions, 175 sections have been changed, 8 new sections have been added and 22 sections have been repealed. This streamlined approach suggests a reshaped and dispensation of justice.

In summation, the emergence of Bhartiya Nyaya Sanhita Bill in the year 2023 signifies a substantial stride towards contemporising and adapting India's legal structure to the modern requisites and societal values of the nation. The proposed revisions and the amalgamations within the BNS Bill underscore an evolution in legal thought while addressing pivotal societal issues, this rendering it a momentous undertaking in the realm of legal transformation.

OBJECTIVE OF THE BHARTIYA NYAYA SANHITA BILL'2023

The Home Minister emphasised that the soul of these three new laws will be to protect citizens’ rights given by the Constitution. “The objective will not be to punish anyone but to give justice and in this process punishment will be given where it is required to create a sense of prevention of crime.

The Bharatiya Nyaya Sanhita Bill 2023 aims to modernize and simplify the criminal law of India. It will introduce new definitions, classifications, and punishments for various offences like cybercrimes, terrorism, hate crimes, mob lynching, etc. as well as new procedural safeguards and special provisions for protecting women, children, senior citizens, and other vulnerable sections of society.

KEY HIGHLIGHTS OF BNS BILL:

By introducing key amendments and provisions, the bill seeks to enhance the efficiency, fairness, and accountability of the justice system. Here are the key highlights from the bill aimed at tackling problems related to IPC.

Removing Sedition from criminal law:

Under section 124A , IPC defines sedition as bringing or attempting to bring hatred or contempt, or exciting disaffection towards the government. It is punishable with imprisonment? between three years and life imprisonment, and/or a fine. The Bill removes this offence. It instead penalises the following:

1. exciting or attempting to excite secession, armed rebellion, or subversive activities,?
2. encouraging feelings of separatist activities,?
3. endangering sovereignty or unity and integrity of India. These offences may involve exchange of words or signs, electronic communication, or use of financial means. These will be punishable with imprisonment of up to seven years or life imprisonment, and a fine.?

Prevention of crime against women:

This bill directs the government that proper investigation of a case is the top priority of any government. Situations or cases wherein a woman is subjected to the false promise of marriage, gang rape of minors, mob lynching, and chain snatching have been reported, but the previous code did not define the provisions to deal with these crimes. Therefore, in cases of a false promise of marriage, where a woman is being abandoned by her partner after establishing sexual relations, Section 69 of the BNS bill will be able to define this offense.

Also, it has been said that the punishment for the two types of gangrape is to be merged and that the punishment for gangrape of a woman under the age of 18 would be life imprisonment or death.

• Terrorism –

For the first time, word terrorism has been defined under the BNS Bill which was not there under the IPC.

A terrorist has been defined as one who commits any act in India or a foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order.

• Redefining Defamation-

Now, in the BNS Bill, the offence of defamation carries a simple imprisonment of up to two years, or with fine, or with both or with community service.

• Mob lynching, Section 101(2):

Due to extensive media coverage of mob lynching cases rising in the country, the new bill has defined the punishment for these instances from seven years imprisonment to life imprisonment or the death penalty.

• Child trafficking:

The new BNS Bill proposes that any girl under 21 years of age and any boy under the age of 18 that is being trafficked into India from any other country outside India with the intention to force or seduce them into illicit sexual acts will be punished with imprisonment up to 10 years. Currently, there are no laws that govern or hold a person accountable for the aforementioned acts.

The bill would include a new section that criminalizes the act of hiring, employing, or engaging a minor to commit these acts. Both girls and boys are trafficked to be exploited sexually. The word ‘minor girl’ would be substituted with the word ‘child’ to cover both males and females.

• Decriminalized Adultery:

The new Bill omits the provision for the offence of adultery.

This is in line with the Supreme Court’s ruling in 2018 in the case of Joseph Shine v. Union of India, where Section 497 of the IPC, which criminalized adultery, was held to be unconstitutional

• Death penalty for gang rape of minor:

IPC allows death penalty for gang rape of women below 12 years of age. The Bill allows death penalty for gang rape of women below 18 years of age.

• Inclusivity in Unnatural Sexual Offences-

The bill aligns with the Supreme Court’s stance on LGBTQ+ rights by excluding punishment for unnatural sexual offences between consenting adults. This modification reflects a more inclusive and tolerant approach to personal choices and relationships.?

• Marital Rape Exception

The provision legalising marital rape has however been retained.

Exception 2 to Section 63 (which defines the offence of rape) reads–’Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.’

• Speedy Legal Procedure –

According to the proposed Bill, a charge-sheet will have to be filed within 90 days, and the court can give permission for another 90 days.

Probe will have to be completed in 180 days and sent for trial. After trial, judgment will have to be given in 30 days.

CONCLUSION

In a historic stride towards modernising India’s Criminal Justice System, the Bharatiya Nyaya Sanhita (BNS) Bill of 2023, promises to replace outdated colonial-era laws. Crafted with a victim-centric approach, the BNS Bill addresses issues ranging from crimes against women to terrorism. By streamlining and clarifying laws, this legislation is set to enhance the efficiency and effectiveness of the criminal justice process. This significant reform underscores the nation’s commitment to safeguarding constitutional values and ensuring a safer, fairer, and more secure society for all.

This article presents the insights of?Tanishka Jindal, a first year student at Maharaja Agrasen Institute of Management Studies, MAIMS. The author's perspectives and opinions are entirely based on their personal viewpoint.