NEWS UPDATE

Bharatiya Nyaya Sanhita

Introduction
Recently the Lok Sabha of India passed a new bill named as Bharatiya Nyaya Sanhita
Bill 2023. This bill was introduced to replace the prior Indian Penal Code (IPC) of 1860.
This is considered to be a landmark move for reforming the age-old legal and judicial
landscape of India. The main objective of the bill is to bring out a transformation in the
way justice is administered ensuring great transparency and efficiency. The main
reason for such change is to reshape the Indian Judicial System and to make it more
responsive to the needs of the people.

Background
The initial draft of The Indian Penal Code was composed by the Law
Commission ,presided over by Thomas Babington Macaulay in the year 1834 which
was formalized in the year 1860, signifying the establishment of a legal Framework to
address various criminal offenses.
In 2020, the Ministry of Home Affairs created a committee with the task of reviewing the
three codes of Criminal Law and propose comprehensive reforms in a manner that
increases its effectiveness. The committee was led by Professor Dr. Ranbir Singh and
the focus of it was to ensure the safety and security of an individual and communities
while maintaining constitutional values such as justice and dignity of an individual.
In the month of February the committee submitted its recommendation regarding
amendments and reforming of The three Codes of Criminal Law. These
recommendations worked as a framework for forming the new Bharatiya Nyaya Sanhita
bill.
The Bhartiya Nyaya Sanhita bill also introduces a whole wide range of revision to the
existing legal clauses concerning domains such as defamation, offences against woman
and acts related attempted suicide along with acts of terrorism, organized crime, petty
organized crime and acts endangering sovereignty, unity and integrity in India.

Changes
● In terms of punishment, 20 years of imprisonment or life imprisonment
has been given to all types of gang rapes.
● The penalty for a rape of a minor has been changed to death penalty.
● Most of the offenses has been made gender neutral
● The bill also specifies voluntary work for minor transgression.
● The bill also specifies that in case of mob lynching , each individual part of
such mob will be punished separately
● The bill criminalizes sexual intercourse which is done under deceitful
means or under false pretext of marriage. This is a notable change since
IPC did not have a clause dealing with such offenses.
● The provision for adultery which was criminalized in IPC was held
unconstitutional and hence omitted.
● The new bill has also struck down Section 377 that criminalized same
gender relations.
● The provision legalizing marital rape has been struck down.
● Section 124A of the Indian Penal Code that specifies about the offense of
sedition has been completely repealed in the new bill. Under Indian Penal
Code sedition is defined as an act of attempting to bring or contempt to
bring hatred or exciting disaffection towards the government, which was
punishable with imprisonment between three years and life imprisonment
and/or a fine. Whereas, the bill removes this offense and instead
penalizes the following offenses ;-
1. Exciting secession, armed rebellion
2. Encouraging Separatist activities
3. Endangering sovereignty or unity of India.
These offenses are now punishable with imprisonment of up to seven
years or life imprisonment and/or fine.
● The bill defines terrorism ‘as an act that intends to threaten the unity ,
integrity and security of a country, to intimidate the general public or to
disrupt law and order. The following acts are categorized as an act of
terrorism;-
1. Uses of firearms, bombs or harmful substances to cause fear or
danger to life
2. Destroying property or disrupting essential services
3. Activities such as unlawful seizure of air crafts or taking hostages.
Punishment for such acts of terrorism are as follows;-
1. In case of any life casualties, death or life imprisonment
2. Imprisonment between 5 years and life in any other case
3. The offender is also liable to pay a fine of atleast Rs 5,00,000
● The Bill has also defined organized crime as a continuing unlawful activity
such as kidnapping, extortion, financial scams, land grabbing which are
carried out by intimidation or other unlawful activities by any individual or a
group of individuals. Such crimes are punishable with seven years or life
imprisonment in case of any death or imprisonment term of five years and
life in other cases. The offender is also liable to pay a fine.
Conclusion

A legislative change demands a very cautious approach and a very wide set of
challenges that demands proper considerations. These challenges also consist of many
legal complexities that lead to unforeseen consequences. The introduction of these bills
has triggered some concern among the diverse stakeholders who might perceive them
to be impinging on their rights. This will ultimately affect the support garnered for such a
bill. For avoiding such complications there must be clear communication of the bills
intentions. By showcasing the merits of the proposed changes ,broad based support
can achieved from such masses. To ensure success of such bills support of both
houses are absolutely necessary. Therefore it is crucial to ensure the integrity and
objective of the bill remains intact throughout the whole legislative process. Challenges
may also arise due to the limited knowledge coordination gaps among different
shareholders or lack of cooperation from different masses. To avoid this type of
challenge proper awareness programs and campaigns must be organized to educate
the common masses to ensure proper implementation and results.