As Indian Penal Code Becomes Bharatiya Nyaya Sanhita, These Are The Major Changes
The Parliament on Thursday passed three criminal law amendment bills -- Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill aim to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act.
Prime Minister Modi said these transformative Bills are a testament to India's commitment to reform and described 2023 as a watershed moment in the country's history.
Union Home Minister Amit Shah in Rajya Sabha said it's the "beginning of a new era" as "the purpose of these bills is to give justice not the punishment."
"For the first time in history", Shah said these bills are made by India and approved by the Indian Parliament for Indians".
The Bharatiya Nyaya (Second) Sanhita seeks to replace the Indian Penal Code (IPC) of 1860.
Here is a quick look at how BNS will be different from IPC.
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 a document
* The definition of 'movable property' is widened to include property of every description
* New chapter on offence against women 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 with
* Colonial remnants like 'British calendar', 'Queen', 'British India, ' and '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.?
* There was no mention of 'intent or purpose' in the IPC, but in the new law, there is mention of 'intent' in the definition of treason, which provides safeguards for freedom of expression.
* In the new bill, words like hatred and contempt have been removed, and words like 'armed rebellion, destructive activities, and separatist activities' have been included.
* The word sedition has been completely removed from the new bill.
How crimes/ punishments have changed
* BNS has added twenty new offences while 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
* A provision of 20 years of imprisonment or life imprisonment has been made in all cases of gang rape.
* A provision for the death penalty for those committing the crime of mob lynching.
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