Bharatiya Nyaya Sanhita (BNS) the first step towards decolonization. The Bharatiya Nyaya Sanhita (BNS) represents the departure from its antecedent act Indian penal code (IPC), and venture into the new era of criminal jurisprudence. It is an effort to report injustices and set to establish a legal system based on equity along with fairness. BNS enacted on July 1, 2024, that introduces a profession of reforms which seeks in modernizing India's justice system.

This legislation encompasses an extensive range of provision, including challenges, gender-neutral offences, alternative punishments like community services and repeal of an outdated law. It is designed according to the challenges of rapidly evolving world. BNS can be regarded as a decisive step towards offering a legal framework that reflects the needs and aspiration of Indian citizens.

Its focus is to provide justice not the punishment. BNS has 358 sections which also includes twenty new crimes that have been defined and punishment has been enhanced in 33 crimes mentioned. BNS signifies a transformation in India's criminal justice system, moving away from colonial era towards the new beginning with the modern approach.

Need of BNS

The new criminal law makes a significant step towards empowering Indian citizen. Many new provisions are being incorporated in this new criminal law which strives for creating a more accessible, supporter and efficient justice for everyone.

The grounds for which the BNS has been introduced:

1. The Indian Penal Code (IPC) is a landmark legislation that has served for over 100 years. It was written in archaic language, which is not commonly used now, and had provisions that are outdated and have been a topic of criticism for decades. In addition, many provisions enacted during British rule are not relevant in modern Indian society. These outdated provisions created challenges in justice administration, making change necessary.
    
2. The IPC was often criticized for being vague and incompatible, which led to skepticism and injustice. For example, many provisions were so broad that they could be interpreted in various ways, potentially leading to abuse of power.
    
3. The IPC was introduced during British colonial rule between 1860 and 1862. This law was largely influenced by British principles and values. Although the IPC has undergone many amendments and revisions to adapt to Indian society, it still carries the imprint of British values, principles, and morals.
    
4. The inadequacy of the IPC in addressing new types of crime, such as cybercrime and terrorism, is evident. The IPC was enacted when modern terrorism was not a concern, and its provisions were not suitable for addressing such issues. Additionally, the IPC was not fair in dealing with cybercrimes, making it difficult to prosecute offenders. Therefore, the need for reform was clear.

Bharatiya Nyaya Sanhita addresses these challenges by incorporating provisions that are more appropriate to Indian values, culture, and the evolving modern society. With the introduction of BNS, it aims to create a more accessible, supportive, and efficient justice system for all.

Significant Changes in Bharatiya Nyaya Sanhita (BNS)

Bharatiya Nyaya Sanhita (BNS), designed to substitute the Indian Penal Code (IPC), includes many notable changes in its criminal draft. Some of the remarkable changes are mentioned below:

• Sedition: Sedition was defined as an offence in Section 124A of the IPC, but in the BNS, this section has been repealed. Sedition was considered an offence involving any words or actions that influence revolt against the government. Its removal was aimed at protecting the right to freedom of expression.
   
• Terrorism: BNS defines terrorism as any act that threatens the unity and security of the country, integrity, and disturbs the public. It highlights core elements to understand terrorism:
  • Intent to harm: Any act done consciously and intentionally to cause damage and peril is a core element of terrorism.
  • Targets: Terrorism defines acts aimed directly at the nation or the public, intending to harm them.
  • Methods: The act includes various methods such as threats, intimidation, or violence. Any act involving these methods is categorized as terrorism.
  Some examples classified as terrorism under BNS include:
  • Threats: Giving threats of harm or violence and creating fear in the public's mind.
  • Destabilization: Actions attempting to decentralize the government, creating chaos, or disturbing vital services.
  • Violent attacks: Acts involving bombing, physical violence, or shooting that cause heavy damage and casualties.
     
• Organized Crime: Organized crime refers to groups of individuals engaged in criminal activities working together for gain or profit. These groups divide their roles and responsibilities and have been operating for a long time. The BNS has introduced organized crime as an offence under Sections 111 and 112. Examples of organized crime include:
  • Extortion: Demanding money through threats of harm or violence, involving coercion.
  • Money Laundering: The process of disguising the source of illegally obtained money, used by individuals to turn illegal profits into legitimate income.
  • Human Trafficking: The abuse of human beings for gain or profit, often referred to as slavery.
  • Drug Trafficking: The trade, production, and distribution of illegal substances restricted by law, such as marijuana, cocaine, and heroin, often conducted by organized crime syndicates, bringing violence, corruption, and money laundering.

These were just three important examples of 20 new offences which are introduced in BNS. The need of these new provisions is must because crime creates negative impact on the society by promoting many wrong acts mentioned above. The main motive and intention behind adding such offences in BNS is to deal with such crimes which IPC was lacking.

Changes in Punishment
BNS has made many requisite changes in punishment also, in comparison to IPC. This can also be said as the prominent area of reform in the new law introduced. The changes were done to ensure societal concerns, align with the modern standards and improve the criminal justice system.

Some of the most important changes are mentioned below:

1. Change in punishment for rape: In the previous law IPC, the punishment for rape was different than what it is now.
   1. IPC: In IPC, the punishment for rape was imprisonment for a minimum of seven years and a maximum of ten years. [3]
   2. BNS: In BNS, the punishment for rape is a minimum of ten years of rigorous imprisonment and a maximum of life imprisonment. [4]
   In summary, BNS has increased the minimum and maximum years of imprisonment and has introduced the death penalty in certain cases of gang rape. It has also modified the definition of rape, the burden of proof, and other provisions related to rape. This is a significant step taken by BNS to combat sexual offences occurring in the country.
2. Change in punishment for attempt to suicide: IPC also had a provision for attempt to suicide, but the change was required to tackle the increasing rate of suicide every year.
   1. IPC: The punishment for attempt to suicide in IPC was imprisonment which could be extended to one year, a fine, or both. [5]
   2. BNS: The punishment for attempt to suicide in BNS is imprisonment which can be extended to two years, a fine, or both. A major change is that BNS provided treatment for those who have attempted suicide due to mental illness. [6]
   In short, the BNS has increased the maximum years for imprisonment but has introduced the provision for mental treatment which can help tackle the escalating rate of suicides and assist those suffering from mental illness.
3. These two are just examples of the changes in punishment among the many changes brought forth. These were required to ensure the criminal justice system is reliable and trusted to serve justice. Overall, changes in punishment will improve effectiveness, protect the rights of victims, and tackle criminal activities in an enhanced way.

Impact on Judiciary:

1. Increased workload: The BNS has introduced many new provisions and changes which have intensified the workload, as all judges and advocates must adapt by learning and understanding the law. This will take time and could lead to delays and complications.
2. Focus on victims: The BNS aims to focus on victim rights, notably providing the support they need and ensuring their voices are heard by offering new provisions and victim compensations.
3. Streamlining with modern framework: The BNS is framed to be user-friendly and efficient, which will decrease the margin of errors and improve the criminal justice system. The changes in offences and punishments are designed to combat modern issues and align with current standards.
4. Challenges in implementation: While the newly introduced BNS is said to be user-friendly, challenges are still faced during interpretations to ensure consistency and fairness, making the implementation of the BNS provisions slightly difficult.

The introduction of BNS has significant impact on judiciary. It has brought the challenges to be faced but has also got the positive impacts which will assist the judiciary to tackle issues easily which used to exist during the former law IPC. It is expected that BNS will make system more responsive, effective and fair.

Conclusion
In conclusion, BNS signifies the change of Indian criminal system by moving on from IPC colonial period which is no more relevant in modern society. By introducing new offences like hate crimes, terrorism, organized crimes and addressing outdated provisions, BNS aims to meet the standards and expectations of modern legal system. BNS is expected to create fair and equitable legal environment in the country.

Though the implementation has brought many challenges such as careful implementation, increased workload, it has also brought the ability to enhance the fairness, responsiveness and accessibility. In the end BNS is represented as the step towards decolonization and adapting the modernization.

Bibliography:

• Primary Sources:
  • Statutes & Statutory Information:
    • The Indian Penal Code, 1860.
    • The Bharatiya Nyaya Sanhita, 2024.

End Notes:

1. Section 124A of The Indian Penal Code, 1860
2. Section 111 & 112 of The Bharatiya Nyaya Sanhita, 2024
3. Section 376 of The Indian Penal Code, 1860
4. Section 64 of The Bharatiya Nyaya Sanhita, 2024
5. Section 309 of The Indian Penal Code, 1860
6. Section 224 of The Bharatiya Nyaya Sanhita, 2024

Award Winning Article Is Written By: Mr.Kanishk Parmar

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