Bharatiya Nyaya Sanhita 2023 (BNS) - Detailed Analysis

“Without criminal law, there is no order. Without order, there is no justice. Without justice, there is no society.” – Henry M. Robert III.

The Bharatiya Nyaya Sanhita, 2023 (BNS) makes a major update in the criminal justice system of India. The BNS replaced the Indian Penal Code of 1860, a long-standing foundation for criminal law in the country. The transition shows the need for a legal framework to address modern criminal activities and evolving societal standards. The Bharatiya Nyaya Sanhita came into effect on 1st July, 2024.

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Overview of Bharatiya Nyaya Sanhita 2023

The Bharatiya Nyaya Sanhita (BNS) 2023 is a comprehensive legislative reform aimed at modernising criminal law by replacing the Indian Penal Code, 1860.

Historical Context of the Indian Penal Code, 1860

The Indian Penal Code introduced in 1860 was drafted by the first Law Commission of India under the guidance of Lord Macaulay during British colonial rule. The objective of the Indian Penal Code was to unify legal standards across British India by defining various criminal offences and their punishments. The IPC has undergone several amendments but many of its foundational principles and sections have remained unchanged.

The IPC was the foundation of the criminal justice system in India for over 150 years. It outlined offences from theft and assault to murder and fraud. However, with the increase in offences of cybercrime, digital fraud and terrorism, IPC faced criticism for its outdated provisions. This prompted the need for a modernised legal framework and resulted in the implementation of the Bharatiya Nyaya Sanhita.

The Key Difference between Bharatiya Nyaya Sanhita 2023 vs Indian Penal Code 1860

The following are the key differences between BNS and IPC-

Aspect	Indian Penal Code 1860 (IPC)	Bharatiya Nyaya Sanhita 2023 (BNS)
Structure	511 Sections & 23 Chapters	358 Sections & 20 Chapters
New Offences	No new offences	Introduced 20 new offences to address modern offences
Removal of Obsolete Provisions	Retains many older provisions that may be considered outdated	Removes 19 outdated provisions to align with current social norms
Punishment Enhancements	Punishments for certain offences may be outdated	Increases imprisonment for 33 offences and adopting a stricter stance

Key Features of Bharatiya Nyaya Sanhita 2023 (BNS)

The Bhartiya Nyaya Sanhita, 2023 (BNS) represents a transformative update in criminal law and replaced the century-old Indian Penal Code, 1860 (IPC). It seeks to align criminal law with present-day realities and incorporate provisions that address new-age challenges like cybercrime, gender inclusivity and emerging offences.

Modernizing Criminal Offences: Addressing Technological Advancements

The BNS acknowledges the increase in offences of cybercrimes. It incorporates electronic offences within its definitions. It aligns with the provisions of Information Technology Act, 2002, to address offences committed through digital means.

Introduction of Community Service

The BNS adds community service as an alternative punishment for minor offences. It promotes a rehabilitative approach in line with global restorative justice trends.

Gender Inclusivity: A Step Towards Equality

The BNS defines gender inclusively and recognizes transgender individuals in its definitions. It makes specific offences such as voyeurism, gender-neutral, thus allowing female perpetrators to be prosecuted.

Specific Offences: Addressing Emerging Crimes

The BNS introduces distinct provisions for offences like snatching and mob lynching.

Elimination of Sedition

The BNS of 2023 eliminated the Section related to Sedition (specifically Section 124A of the IPC) and uphold the constitutional right of freedom of speech and expression. It introduced Section 152 where any person who conducted an act endangering the sovereignty, unity and integrity of India will be punished with life imprisonment or imprisonment extending to 7 years and a fine.

Insertion of offence of Organised Crime

Section 111 of the BNS, 2023, introduced deterrent punishments for organised crime such as- 

• land grabbing
• Kidnapping
• contract killing
• Cybercrime
• Extortion
• trafficking of persons or goods or weapons or drugs
• financial scams

Conclusion

The Bhartiya Nyaya Sanhita, 2023, marks a major update to criminal law in India. It addresses issues like cybercrime and gender inclusivity while removing outdated provisions. The shift from the IPC to the BNS shows the aim of the country to create a more inclusive, modern and fair justice system.