Critically examine the rationale behind the enactment of the Bharatiya Nyaya Sanhita, 2023......
Find the answer to the mains question of BNS only on Legal Bites.;
Question: Critically examine the rationale behind the enactment of the Bharatiya Nyaya Sanhita, 2023, in place of the Indian Penal Code, 1860. What key reforms have been introduced?
Find the answer to the mains question of BNS only on Legal Bites. [Critically examine the rationale behind the enactment of the Bharatiya Nyaya Sanhita, 2023, in place of the Indian Penal Code, 1860. What key reforms have been introduced?]
Answer
Indian Penal Code, 1860 (IPC), drafted under colonial rule by Lord Macaulay, formed the backbone of India’s substantive criminal law for over 160 years. Despite multiple amendments, it increasingly appeared outdated in addressing contemporary challenges such as cybercrime, organised crime, and gender justice. Against this backdrop, the Government of India enacted the Bharatiya Nyaya Sanhita, 2023 (BNS), as part of a larger criminal law reform triad along with the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023. The BNS seeks to modernise criminal law, make it victim-centric, and align it with constitutional principles.
Rationale for the Enactment
The enactment of the BNS was driven by several interrelated objectives:
- Decolonisation of Criminal Law – The IPC reflected colonial priorities of suppressing dissent and maintaining control. The BNS seeks to replace colonial terminology and infuse a more indigenous, constitutional ethos.
- Modernisation and Technological Relevance – Rapid advances in technology and new forms of crime demanded updated provisions, especially in relation to cybercrime, terrorism, and organised crime.
- Simplification and Rationalisation – The IPC’s 511 sections spread across 23 chapters have been streamlined to 358 sections in 20 chapters, making the law more accessible and less duplicative.
- Victim-Centric Justice – By focusing on crimes against women, children, and vulnerable groups, the BNS strengthens protection for victims and ensures uniform and stricter punishments for heinous offences.
- Reformative and Community-Oriented Justice – The introduction of community service reflects a shift from purely retributive to reformative and restorative approaches for petty offences.
Key Reforms Introduced
a. Structural Changes
- Reduction of IPC’s 511 sections in 23 chapters to 358 sections in 20 chapters.
- Reorganisation and simplification of provisions to remove overlaps.
b. Crimes Against Women and Children (Chapter V)
Uniform punishment for gang rape [Section 70(2)]: Life imprisonment until natural life or death, along with fine. This consolidates IPC Sections 376DA and 376DB, ensuring uniformity for gang rape victims below 18.
Sexual intercourse by deceit (Section 69): A new offence criminalising sexual relations induced by false promise of marriage, employment, promotion, or concealment of identity, punishable with up to 10 years’ imprisonment and fine.
Marriage age consistency: While the marital rape exception continues, the age of consent within marriage has been raised from 15 to 18 years, aligning with Independent Thought v. Union of India (2017) and the POCSO Act.
c. Sedition Repealed and Replaced
- IPC Section 124A on sedition has been repealed.
- Section 152 (BNS) penalises acts endangering sovereignty, unity, and integrity of India, shifting focus from speech to violent and separatist activities.
d. Organised Crime and Petty Organised Crime (Sections 111–112)
- First-time recognition of offences like drug trafficking, land grabbing, extortion, and syndicate activities.
- Broader deterrence against criminal networks that exploit gaps in prior law.
e. Community Service (Section 4(f))
- Introduction of community service as a form of punishment for petty offences, signalling a reformative justice approach.
f. Terrorism and Cybercrime
- Terrorism has been defined with clarity, consolidating earlier scattered provisions.
- Cyber-related offences are addressed with updated language to tackle digital-age crimes.
Bharatiya Nyaya Sanhita, 2023 represents a decisive step in reshaping India’s criminal law to suit modern needs and constitutional values. By decolonising terminology, simplifying structure, and introducing provisions for women, children, cybercrime, and organised crime, the BNS makes substantive progress.