Bharatiya Nyaya Sanhita (hereafter would be mentioned as BNS) is being passed by the governing body to supplant the colonial laws specified within the Indian Penal Code (hereafter would be mentioned as IPC). Indeed in spite of the fact that most of the offenses within the BNS have been taken from the Indian Penal Code, a few vital unused offenses have been included that everyone ought to be mindful of. It looks for to supplant the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) which was drafted amid the British colonial period.

They ordered these laws to set up control and keep up arrange within the nation. The relationship between the British rulers and the Indian individuals was characterised by control lop-sidedness, as the aim was to keep the Indian populace beneath oppression. IPC and CrPC are the only laws in India which were amended very less times compared with all the other laws pertaining towards development in India.

It is always suggestible to review the laws made long back so that the laws will not be contrary to the current developments in the society. This reviewing can help people understand that the current laws are fair enough and also may build trust in people that justice is equally served to all the people. Indian government by introducing the new bill i.e Bharatiya Nyaya Sanhita aims to decolonise the Indian Justice System.

This article will give you with all the data related to the unused offenses included to the Bharatiya Nyaya Sanhita (BNS). This particular paper talks about fact that most of the offenses within the BNS have been taken from the Indian Penal Code a few imperative unused offenses have been included that everyone ought to be mindful of.

Introduction
Arguably one of the most audacious legislative endeavours undertaken by any administration, the Bharatiya Nyaya Sanhita Bill, 2023 has been submitted to a Standing Committee of Parliament. Designed during the British colonial era, it aims to replace the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC).

To establish authority and uphold law and order across the nation, several laws were passed. Since the goal of the British rulers was to maintain the Indian population's subjection, the relationship between them and the Indian people was marked by a power imbalance. On the same day that they were submitted, these new bills were referred to the Parliament (Standing Committee) for a thorough assessment and examination.

On November 6, 2023, the Parliament adopted the report from the Standing Committee. On December 12, 2023, the administration retracted the New Bills in response to the recommendation of the standing committee. During the just ended winter session of Parliament, the Bharatiya Nyaya Sanhita (BNS) 2023 was adopted, superseding Indian Penal Code of 1860 (IPC). As we know IPC contains of 511 sections whereas BNS contains only 358 sections.

There is an addition of 31 new offences to BNS. Additionally, sentencing (i.e. imprisonment period) for 33 offenses were increased; not only sentencing but also the punishment of fines were also increased for 83 offenses; a mandatory punishment has been implemented in BNS for 23 offenses; and "community service" is added as a protective measure for 6 minor offences.

Modernization and few reforms of Bharatiya Nyaya Sanhita:

The Indian Penal Code (IPC) is to be reformed by the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, which would introduce gender-neutral legislation, community work as a form of punishment, and other improvements. The President has ratified the BNS Bill, but the administration has not yet stated when it would go into effect. [2] BNS includes few reforms as:

• Gender neutrality: Redefining legal charges and classifications based on gender such that they apply to all genders equally.
• Community service: For certain acts imposing community service as retribution.
• Sedition: A new crime known as "act endangering sovereignty, unity, and integrity of India" will take the place of sedition.
• Transgender: Including transgender people in the gender definition.
• Offence against women and children: Expanding or introducing more stringent offenses against women and children.
• Theft: Depending on whether the thief is operating alone or as a member of a gang, various penalties apply.
• Death by negligence: Punishing physicians differently from other criminals for medical carelessness that results in death.
   

Proposed changes in Bharatiya Nyaya Sanhita:

1. Progressive alterations: The addition of Section 69, which addresses sexual behaviour conducted under false pretenses of marriage or through other deceitful tactics, is a key alteration brought about by BNS. A maximum term of ten years of imprisonment to be sentenced along with a fine is imposed for this particular offense.
2. Contemporary terminology: The BNS has replaced outdated and slighting wordings like "lunatic person" and "person of unsound mind" with more discreet and polite words like "a person with mental illness" or "a person having an intellectual disability". These changes were made in Section 22 of the BNS (which was a corresponding section to Section 84 of the IPC) and also 28(b) of the BNS (which was a corresponding section to Section 90(b) of the IPC).[3]
3. Women's equality: It was illegal to import girls below 21 years for unrestricted sex with any individual who is known or unknown. This section was revised under Section 139 of BNS (which was the equivalent to Section 366B of IPC) which widens this ban; this also includes the importation of boys under the age of 18 for the same illegal acts. According to me, these alterations are done to improve gender equality in criminal law.

Positive Changes in Bharatiya Nyaya Sanhita:

1. Progressive changes in BNS include:
   • BNS came forward in changing few insulting phrases from IPC like "lunatic person" and "person of unsound mind". Now in BNS, these words are replaced by some polite words like "a person with mental illness" or "a person having an intellectual disability". Section 22 of the BNS replaces Section 84 of the IPC.
   • It was formerly illegal to bring in girls who are below the age of 21 for sexual offenses against another individual. According to Section 139 of the BNS, which is equivalent to Section 366B of the IPC, it is now not legal to import boys who are below the age of 18 for the purpose of having criminal relations with another person. Since this moves criminal law toward equality, it could have a good effect.
   • Sections 109 and 110 of the BNS introduce offences such as organized crime and small organized crime, or organized crime in general.
      
2. Laws on sexual offences:
   • Regarding the offence of rape, it is presently defined by Section 63 of BNS, formerly under Section 375 of IPC. The contentious exception for rape inside a marriage remains in effect. The minimum age requirements have been modified; the wife was previously only allowed to consent to this exemption if she was 15 years old, but now she must be at least 18 years old.
   • According to Section 70 of BNS, which translates to Section 376DB of IPC, gang rape of women below the age of 18 years carries a death sentence. Furthermore, Section 72 of the BNS contains a new provision that protects the names of victims of sexual assault.
      
3. Community service is added as a punishment:
   • Section 53 of the Indian Penal Code states the kinds of punishment and includes: death, life imprisonment, imprisonment classified as simple and rigorous imprisonment, forfeiture of property, and fine.
   • In addition to all the punishments mentioned in the Indian Penal Code, BNS adds community service to the list.
   • BNS includes community service for the following offences:
     • Public servant engaging in unlawful trade.
     • Absence from responding to a proclamation issued under BNSS, Section 84, 2023.
     • Attempting suicide in order to prevent or limit the use of legal authority.
     • Petty theft, defined as the theft of property valued at less than Rs. 5,000.
     • Causing misconduct in public while being intoxicated.
     • Defamation.
        
4. Law of sedition – repealed and replaced:
   • BNS in Section 150 states that, "Anyone who designedly or deliberately stimulates or attempts to stimulate secession or fortified rebellion or subversive conditioning, or encourages passions of separatist conditioning or endangers the sovereignty and integrity of India; or indulges in or commits any similar act shall be penalized with life imprisonment or imprisonment which may extend up to 7 years and shall also be liable to fine."
   • Section 124A of IPC differs from Section 150 of BNS in the following ways:
     • The wording in Section 150 of BNS refers to a large variety of conduct, while Section 124A of IPC only relied on conduct and actions "developing antipathy" and "animosity" against the government.
     • The offence of sedition in IPC is punished for 3 years, but the punishment for sedition in BNS is for 7 years.

Offences That Were Deleted Under Bharatiya Nyaya Sanhita:

• BNS decriminalized the section which was stated as a crime referring to Section 377 of Indian Penal Code. Section 377 of IPC works on defining same-sex relationships as an "unnatural offense" between consenting adults. It stipulated a fine and a maximum sentence of ten years in jail. The elimination of Section 377 recognizes the value of inclusion and the decriminalization of consenting adult relationships, and it is consistent with the concepts of individual rights and human dignity.
• Elimination of attempt to suicide which is an offence under Section 309 of IPC. By eliminating the offense of attempted suicide, which was formerly included under Section 309 of the IPC, BNS adopts a progressive approach. By doing this, the idea that suicide attempts are crimes is changed to one of mental health crises.
• Adultery is not listed as a crime in BNS. Advancing position, notwithstanding the Parliamentary Standing Committee Report's suggestions to reinstate adultery as a crime that affects both sexes equally, BNS maintains the court's ruling, acknowledging the necessity for modern legal viewpoints on intimate partnerships. These omissions reflect BNS's dedication to protecting human rights, lessening the criminalization of individual decisions, and bringing the law into line with changing public opinion. The recognition of mental health issues and the abolition of antiquated regulations highlight how advanced these legal improvements are.
   

Dwelling Deep Into The Topic, Let Us Find Out If There Are Any Loopholes In Bharatiya Nyaya Sanhita:

• There are no major changes while replacing sedition. The proposed Section 150 keeps in place prohibition of acts which "promote feelings of separatist activities" or "excite or attempt to excite" secessionist actions, but it does not need inciting violence or disrupting public order as a condition of filing charges. Almost all of the material that is now classified as sedition under Section 124A of the IPC is included under Section 150, including any acts played, delivered speeches, newspapers, and published articles also.
• Also there is no proper initiation on gender neutrality in many cases like sexually assaulting an individual. The idea of gender neutrality in sexual assault and rape laws aims to make IPC acknowledge that transgender people are also human beings and could also be victims of rape. However, BNS and the IPC only acknowledge women as rape and sexual assault victims, while males are considered the offenders of these crimes.
• BNS did not provide the definition for community service. One of the improvements made to BNS is adding community work as a form of discipline. However, the Bill does not specify exactly what constitutes community service. Sentence disputes cannot be completely ruled out in the absence of such a prescription.

Applicability Of Bharatiya Nyaya Sanhita:

Concerns about Retrospective Application:

The BNS considers activities conducted under the IPC to have been done in accordance with the relevant BNS law, even while it saves fines, punishments, and continuing processes under the IPC. Concerns have been raised regarding this provision's retroactive applicability, which may be in violation with Article 20 of the Constitution, which forbids conviction for crimes that were not recognized as crimes at the time they were committed.

Conclusion
It is without a doubt true that both the substance and the organization of the BNS's sections have changed significantly from the original criminal code, the Indian Penal Code (IPC). "Making laws is one thing; putting them into practice is quite another." Improved infrastructure has to be included into the criminal justice system for efficient deployment.

Confusion and more litigation may result from the overlap of offenses with specific legislation and the use of ambiguous language, which might overburden courts and may lead to increase in number of cases that were pending already. In conclusion, even while the BNS brings about beneficial improvements, a cogent policy vision is desperately needed, particularly with regard to crimes against women and children, sentencing guidelines, and the elimination of antiquated forms of punishment.

Resolving these issues will help create a judicial system that is more fair and efficient. It is a very other matter to draft a new penal code that will apply over the entire nation as opposed to repealing existing legislation. It is crucial that these kinds of projects are carried out carefully. A thorough analysis of the possible effects on society, stakeholder involvement, and careful deliberation are necessary during the process of changing and replacing the IPC.

In order to resolve any flaws in the current legal system and to reflect the changing demands of society, it is always suggestible to review and update laws in regular intervals. This can guarantee that the laws are just, pertinent, and efficient in advancing justice and defending people's rights

Declaration
I hereby declare the Manuscript titled "Penal Laws On Crossroads: Deciphering Bharatiya Nyaya Sanhita Vis-A-Vis Indian Penal Code" submitted by me, is a bonafide project work carried out by me. I hereby further declare that the work in this project has not been submitted nor will ever be submitted elsewhere. Thanking You.

Bibliography:

1. *
2. Pandey, Shivam, "The Bharatiya Nyaya Sanhita (BNS) Bill, 2023", 01, ResearchGate, 1-10 pages.
3. Dr. Anjali Dixit, on "Bharatiya Nyaya Sanhita- Comparative Analysis of Indian Penal Code 1860," Lingaya's Journal, March 11, 2024.
4. Diyajain, "Comparative Analysis Between Indian Penal Code, 1860 And Bharatiya Nyaya Sanhita, 2023", Legal Service India E-Journal, March 2nd, 2024.
5. Tougher laws for sexual offences in BNS, 2023, available at https://bprd.nic.in/uploads/pdf/202401261019259420204Tougherlawsforsexualoffences.pdf, last visited on May 5th, 2024.
6. The Indian Penal Code, 1860 (Act 45 of 1860), s.53.
7. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.4.
8. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.202.
9. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.209.
10. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.226.
11. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.303(2).
12. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.355.
13. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s.356(2).
14. Rahul Tripathi, "Government proposes to abolish sedition law", The Economic Times, August 12th, 2023, available at https://economictimes.indiatimes.com/news/politics-and-nation/government-proposes-to-abolish-sedition-law/articleshow/102659494.cms, last visited on 6th May, 2024.
15. Ibid at 4.
16. Navtej Singh Johar v. Union of India, 2018 INSC 790.
17. Joseph Shine v. Union of India, 2019 (3) SCC 39.
18. Vageshwari Deswal, "Bharatiya Nyaya Sanhita: a critical analysis on the proposed law", The Times of India, May 11th, 2024, available at https://timesofindia.indiatimes.com/blogs/legally-speaking/bharatiya-nyaya-sanhita-a-critical-analysis-of-the-proposed-law, last visited on 12th May, 2024.

Written By: Snehita Paidi, Student Of BBA.LLB, 2nd Year, 4th Semester, GITAM University, Rushikonda Road, Andhra Pradesh: 530045,
E-mail: [email protected], Phone: 8919913985.