What is Bharatiya Nyaya Sanhita Bill(BNS), 2023 ? ||Overview of Bharatiya Nyaya Sanhita Bill,2023|| BNS@2023

Bharatiya Nyaya Sanhita Bill(BNS), 2023:

The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, introduces significant reforms to replace the Indian Penal Code, introducing new offences, eliminating court-struckdown offences, enhancing penalties for various offences.
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New Offences:

1.Promise to Marry under Clause 69: Criminalising deceitful promises to marry and potentially addressing the ‘love jihad’ narrative.
2.Criminalization of Consensual Sexual Activity: Broadens the scope to include consensual sexual acts under certain deceitful circumstances.

3.Mob Lynching: 

  • Codify to offences linked to mob lynching and hate- crime murders.
  • Punishment: Ranges from life imprisonment to the death penalty.

4.Now,Ordinary Law, organized crime and Terrorism is addressed under ordinary criminal law in BNS compared to UAPA
  • Punishment : Distinction based on whether the crime results in death, with varying degrees of punishment.
5.Attempt to Suicide: Criminalizes suicide attempts aimed at compelling any public servants from discharging official duty, with potential implications for protests.
6.Community service: Added as possible form of punishment.
Deletions and Repeal:

1.(Unnatural Sexual Offences):

Section 377 of the IPC which decriminalizes homosexuality, but raises concerns about addressing non-consensual acts, Unnatural Sexual activities repealed completely.

2.Adultery: Offences of adultery omitted in consonance of apex court's judgement.

3.Thugs: Section 310 of IPC completely omitted i.e.Eliminates colonial-era notions of criminality associated with certain tribes.

4.Gender Neutrality in Laws: 

  • Makes laws about children gender-neutral.
  • Adult Offences: Extends gender neutrality to crimes like outraging modesty and voyeurism.

Modification:

  • Introduces provisions against publishing false and misleading information.
  • Sedition: Introduce under a new name "Deshdroh" and broadens the definition to include financial support for subversive activities.
  • Mandatory Minimum Sentences: Limits judicial discretion, raising concerns about fairness in considering mitigating circumstances.
  • Public Property Damage: Implements fines corresponding to the extent of damage caused.
  • Death by Negligence: Elevates punishment foe causing death by negligence from two to five years and for doctors two year imprisonment. 

MAJOR ISSUES:

  • Criminal Responsibility Age Discrepancy: Criminal responsibility starts at seven, extendable to 12 based on moturity, potentially conflicting with global recommendations.
  • Inconsistencies in Child Offense Definitions: It sets child age below 18, but age criteria for offences like rape differ, causing inconsistency.
  • Retention of IPC Provisions on Rape and Sexual Harassment: Maintains IPC provisions on rape and sexual harassment, omitting Justice Verma.
  • Commitee's 2013 suggestions for gender-neutral rape and recognizing maritial rape as an offence.

What was the need for new bills?


Colonial legacy:
  • From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British.
  • The laws were drafted during colonial times and contain archaic language and concepts that might not accurately reflect current social norms, values.

  • Advances in Technology:
    • This has introduced new dimensions to crime, evidence, and investigation.

  • Simplification and Streamlining:
    • The laws have become complex over time, leading to confusion among legal practitioners, law enforcement agencies, and the general public.
    • Simplifying and streamlining the legal framework can enhance transparency and understanding.

  • Evidence Collection and Presentation:
    • The Indian Evidence Act was enacted before the advent of modern forensic science and technological tools.

  • Various reports highlighted the need for reforms in criminal laws:
    • The department-related Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country.
    • It was also pointed out that the Parliamentary Standing Committee in its 111th and 128th reports had also highlighted the need for reforms in criminal laws.

Conclusion:


  • Reformative Approach: 
  • The BNS Bill represents a significant overhaul of India’s penal system, addressing contemporary issues and societal changes.
  • Judicial Implications: 
  • While it introduces necessary reforms, the bill’s impact on judicial discretion and fairness in sentencing warrants careful consideration.

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