BHARATIYA NYAYA SANHITA BILL 2023

 On 11 August 2023, the Home Minister of India, Amit Shah, Introduced the Bharatiya
Nyaya Sanhita Bill, 2023 in Lok Sabha. This bill is considered to be a significant and
monumental reform in the Indian Criminal Justice System..
 It would be a replacement of India Penal Code (IPC).
 The Bharatiya Nyaya Sanhita will contain 356 amendments. It will give precedence to offences
against the state, crimes against women and children, and murder. For the first time, the
offences of terrorist activities and organised crime have been added in the draft.
 The Bharatiya Nyaya Sanhita also calls for community service as a punishment for petty
offences, which will be the part of penal code for the first time.
Key highlights:-
• Adultery and Gender-Neutral Provision:
• The parliamentary committee has recommended including a gender-neutral provision that
criminalizes Adultery.
• This move comes after the Supreme Court declared Section 497 of the Indian Penal
Code (IPC), which criminalized adultery, as unconstitutional in 2018.
• The panel seeks to protect the institution of marriage but in a gender-neutral way.
• Non-Consensual Sex and Bestiality:
• The committee is considering a clause to criminalize non-consensual sex between men,
women, or transpersons, as well as acts of bestiality.
• This indicates an effort to address various forms of sexual offenses comprehensively.
 Challenges of BHARATIYA NYAY SANHITA BILL
 Navigating the landscape of legislative change presents a range of challenges that demand
careful consideration and strategic approaches. These challenges encompass not only potential
opposition and resistance but also legal complexities, practical hurdles, and the need to
anticipate unforeseen consequences. To surmount these challenges and forge a successful path
forward, a comprehensive strategy is imperative.

 It appears that some provisions have been poorly worded, while others have been confusingly
included without any assessment of the need for such inclusion.