BHARATIYA NYAYA SANHITA BILL 2023

BHARATIYA NYAYA SANHITA BILL BACKGROUND

• In 2020, the Ministry of Home Affairs established a committee led by Prof. Dr. Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi.
• This committee was tasked with reviewing the three codes of criminal law.
• The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
• 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 inherent worth of every individual.

BHARATIYA NYAYA SANHITA BILL 2023 OBJECTIVES

• The Bharatiya Nyaya Sanhita Bill introduces new categories of offences like cybercrimes, terrorism, hate crimes, honour crimes, mob lynching, etc.
•  It offers special provisions for protecting women, children, senior citizens, and other vulnerable sections of society.
• Twenty new offences have been added in the BNS.
• Nineteen provisions that existed in IPC have been deleted.
• In 33 offences the punishment of imprisonment has been increased.
• In 83 offences the punishment of fine has been enhanced.
• In 23 offences the mandatory minimum punishment has been introduced.
• In six offences the punishment of community service has been introduced.

HIGHLIGHTS OF THE BHARATIYA NYAYA SANHITA BILL 2023

Sedition

• In the Bharatiya Nyaya Sanhita Bill, section 150 under the ‘Offences against the State chapter addresses acts that endanger India’s sovereignty, unity, and integrity.

Terrorism

• The Bharatiya Nyaya Sanhita Bill introduces a clear definition of terrorism, which was absent in the IPC.
• A terrorist is defined as someone who commits acts in India or abroad with the intent to threaten India’s unity, integrity, and security, intimidate the public, or disrupt public order.

Defamation

• In the Bharatiya Nyaya Sanhita Bill, defamation can lead to imprisonment for up to two years, a fine, community service, or a combination of these.

Mob Lynching

• The Bharatiya Nyaya Sanhita Bill introduces the possibility of capital punishment for mob lynching, along with a prison term of 7 years or life imprisonment.

Sexual Exploitation

• The new Bill considers the sexual exploitation of women on the pretext of marriage, job, promotions, or false identity as a crime.

Adultery

• The new Bill eliminates the provision for adultery, aligning with a 2018 Supreme Court ruling that declared Section 497 of the IPC unconstitutional.

Marital Rape

• The provision legalizing marital rape remains in the new Bill.

Unnatural Sexual Offences

• The new Bill doesn’t penalize unnatural sexual offences against men, following a 2018 Supreme Court ruling that decriminalized consensual same-sex relations.

Murder

• The Bharatiya Nyaya Sanhita Bill covers murder penalties under section 101 while retaining the life term or death sentence as punishment.

Speedy Legal Procedure

• The proposed Bill mandates filing a charge sheet within 90 days, with an additional 90-day extension upon court permission.
• The investigation must conclude in 180 days, followed by trial and judgment within 30 days.

Thugs

• The IPC under Section 310 criminalises those who have been habitually associated with committing robbery or child-stealing and labels them a thug
• The BNS has fully omitted this provision. 

MAJOR AND MINOR CHANGES  IN THE BILL

Major Changes

• Definition of child is introduced
• Transgender is included in the definition of gender.
• Electronic and digital records are included in the definition of document.
• The definition of movable property is widened to include property of every description.
• New chapter on offence against woman and child is introduced.
• New chapter on inchoate offences (attempt, abetment and conspiracy) is introduced.
• New offences like organised crime, terrorist act, petty organised crime, hit and run, mob lynching, hiring child to commit offence, sexual exploitation of woman by deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity and unity of India, publication of false or fake news etc. have been introduced.
• Attempt to commit suicide is deleted
• Beggary has been introduced as a form of exploitation for trafficking.
• In the definition of grievous hurt the number of days has been reduced from 20 days to 15 days.
• Community service is provided as a punishment for theft of less than Rs 5,000.
• Reorganisation of offences are made wherein similar provisions have been clubbed together.

Minor Changes

• At nine places the archaic expressions like lunatic, insane and idiot have been done away.
• Colonial remnants like British calendar, Queen, British India, justice of the peace have been deleted.
• In 44 places Court of Justice has been replaced with Court.
• Uniformity has been brought in use of expression child throughout the BNS.
• At 12 places denotes has been replaced with means and that is to say is replaced with namely at three places.

NEED FOR THE BHARATIYA NYAYA SANHITA (BNS)

 Attempt to Remove Colonial Hangover

• Union Home Minister claimed that it is an attempt to remove the colonial imprint of the IPC, CrPC and the Evidence Act and replace it  by a purely Indian legal framework.

Incorporating Supreme Court Judgments

• For instance, omitting Section 377. Supreme Court had earlier struck down Section 377 that criminalised homosexuality.

Gender Neutrality

• Introducing gender neutrality in certain provisions was an important  step towards updating the IPC to reflect contemporary societal norms and values.

Various Committee recommendations

• Committees like the Law Commission of India, Bezbaruah Committee, Viswanathan Committee, Malimath Committee, Madhav Menon Committee have recommended reforms in the past.

KEY CHALLENGES WITH THE BHARATIYA NYAYA SANHITA

 Age of Criminal Responsibility

• The age of criminal responsibility increases from 7 to 12 years.  

On Sedition

• It broadens the range of acts that could threaten India’s unity and integrity.  

On Community Service

• It does not define what it will entail and how it will be administered.  

Offenses against Women

• It has not addressed several recommendations made by the Justice Verma Committee (2013) and Supreme Court on reforming offenses against women.

Drafting Issues

• There are several drafting issues in the BNS.
• The BNS does not retain section 377. This implies that rape of an adult man will not be an offence under any law.
• Provisions in case of hit and Run are also raising concerns.

Overlap with Special Laws

• Potential for multiple regulatory regimes due to overlapping offenses with different penalties or procedures.

Potential Violation of Human Rights

• The bills have been criticized for using vague and broad terms that could infringe on the human rights of the accused, victims, witnesses, and other stakeholders.

BHARATIYA NYAYA SANHITA BILL 2023 ANTICIPATED RESULTS

Bills are anticipated to bolster the efficiency and efficacy of the criminal justice framework by diminishing delays, reducing caseloads, eliminating backlogs, and combating corrupt practices.

• Through measures aimed at ensuring transparency, fostering accountability, and upholding professionalism, these bills will contribute to an elevated standard of justice administration and its credibility.
• In bolstering constitutional values and principles, the bills will not only fortify the rule of law but also augment democracy within India.
• Collectively, these legislative endeavours herald a comprehensive and transformative approach to the criminal justice system, promising far-reaching benefits for the nation’s legal and social landscape.