India introduced new criminal laws in 2023, replacing IPC, CrPC, and Evidence Act with BNS, BNSS, and BSA to modernise the justice system, explains Akash in three parts, exclusively for Different Truths.
On December 25, 2023, the government of India enacted revised versions of its criminal laws, introducing three new legislations:
- Bharatiya Nyaya Sanhita (BNS)
- Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Bharatiya Sakshya Adhiniyam (BSA)
These legislations aim to replace the Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (CrPC), and Indian Evidence Act, 1872, respectively. The revised criminal laws come into effect on July 1, 2024, excluding Section 106(2) of the BNS, marking a significant overhaul of India’s criminal justice framework. This article provides a comparative analysis of the BNS and IPC, highlighting key changes, new provisions, and their potential implications.
Key Features of Bharatiya Nyaya Sanhita
1. Reduction in the number of sections: The IPC had 511 sections, whereas the BNS consisted of 358. This reduction was achieved by consolidating similar provisions and simplifying the legal structure.
2. Definition clause: Under IPC, definitions were scattered across Sections 6 to 52A. BNS consolidates all definitions under Section 2, including new terms like “child” and “transgender.” Expansions in definitions such as “court” and “document” now include electronic and digital records.
3. Punishment clause: IPC’s Section 53 on punishments has been replaced by Section 4 of BNS, introducing community service as a new punishment for minor offences. Community service applies to crimes like attempted suicide, minor theft (if stolen property is returned), and obstruction of public servants. However, BNS lacks a concrete definition of community service.
Provisions specific to women and children
a. Sexual offences: BNS replaces IPC’s Section 375 (rape) with Section 63, retaining existing definitions but increasing penalties.
b. Marital rape exception: The age of the wife for marital rape has been raised from 15 to 18 years. Despite recognising the transgender community, the BNS continues to maintain a gendered definition of rape, excluding men and transgender persons as victims.
5. Deceitful acts related to marriage: BNS criminalizes false promises of marriage or employment leading to sexual exploitation under Section 69.
6. Stricter penalties for gang rape: Unlike IPC’s Section 376D, which did not prescribe the death penalty for gang rapes of minors aged 12–16, BNS’s Section 70(2) introduces the death penalty for gang-raping a woman under 18.
Other notable changes:
1. Sedition (Section 124A IPC): Sedition has been removed from BNS, but a similar offence is introduced under Section 152, addressing acts endangering the sovereignty, unity, and integrity of India.
2. Mob lynching (Section 103[2]): BNS introduces mob lynching as a specific offence punishable with death or life imprisonment.
3. Organised crime (Section 111): Inspired by state-specific laws like the Maharashtra Control of Organised Crime Act, this section addresses activities such as land grabbing, contract killing, and cybercrimes. However, its vague language invites criticism.
4. Terrorist acts (Section 113): Counterfeiting Indian currency is now classified as terrorism under Section 113.
Strengthened Provisions
a. Criminal Breach of Trust (Section 316): BNS consolidates IPC Sections 405–409 and increases imprisonment from three to five years.
b. Cheating (Section 318): BNS combines IPC Sections 415–420, raising the maximum punishment to three years from one year.
c. Hit and run (Section 106 [2]): Escaping the scene after causing death due to rash driving now attracts up to 10 years imprisonment and a fine.
d. Mischief by killing or maiming animals (Section 325): Enhanced penalties for harming animals, including imprisonment of up to five years.
New Additions
a) Snatching (Section 304): BNS criminalises snatching for the first time, defining it as forcibly grabbing movable property and prescribing up to three years imprisonment.
b) Attempt to commit suicide (Section 226): While decriminalised under the Mental Healthcare Act, 2017, attempting suicide with the intent to coerce a public servant remains punishable.
c) Grievous hurt (Section 117 [3]): Persistent vegetative states or permanent disabilities caused by grievous hurt now attract imprisonment for life.
Challenges and Criticism
1. Gender parity in rape laws: Despite progressive reforms, BNS fails to recognise men and transgender persons as potential rape victims, perpetuating gender biases.
2. Ambiguities in organised crime provisions: Terms like “land grabbing” and “contract killing” lack precise definitions, leading to interpretational issues.
3. Vague definitions of new punishments: Community service lacks a clear framework, creating challenges in its implementation.
4. Overlap with special laws: Provisions like those addressing terrorism under Section 113 overlap with the Unlawful Activities (Prevention) Act (UAPA), creating jurisdictional conflicts.
Conclusion
The Bharatiya Nyaya Sanhita marks a commendable step towards streamlining India’s criminal laws by consolidating provisions, introducing modern definitions, and enhancing penalties. However, its partial approach to gender neutrality, ambiguities in organised crime definitions, and overlapping provisions with special laws require further deliberation. Policymakers must address these issues to ensure new laws foster justice, equality, and efficiency in the criminal justice system.
(To be continued)
Picture design by Anumita Roy
