Central Idea

• The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, introduces significant reforms to replace the Indian Penal Code.
• The bill addresses terrorism, organized crime, gender neutrality, and repeals outdated laws like Section 377.

Major Provisions in the BNS Bill

[1] Promise to Marry (Clause 69)

• Targeting ‘Love Jihad’: Criminalizes deceitful promises to marry, potentially addressing the ‘love jihad’ narrative.
• Criminalization of Consensual Sexual Activity: Broadens the scope to include consensual sexual acts under certain deceitful circumstances.

[2] Mob Lynching

• Codification of Offences: Introduces specific provisions for mob lynching and hate-crime murders.
• Punishment: Ranges from life imprisonment to the death penalty.

[3] Organized Crime

• Inclusion in Ordinary Law: For the first time, organized crime is addressed under ordinary criminal law.
• Punishment Criteria: Distinction based on whether the crime results in death, with varying degrees of punishment.

[4] Terrorism

• Integration into Ordinary Law: Adopts definitions from stringent acts and international laws, broadening the scope of terror financing.

[5] Attempt to Suicide

• New Provision: Criminalizes suicide attempts aimed at compelling public servants, with potential implications for protests.

Significant Deletions and Repeals

[a] Section 377 (Unnatural Sexual Offences)

• Repeal: Decriminalizes homosexuality, but raises concerns about addressing non-consensual acts.

[b] Adultery

• Omission: Following the Supreme Court’s ruling, adultery is no longer criminalized.

[c] Thugee/Thugs (Section 310 IPC)

• Removal: Eliminates colonial-era notions of criminality associated with certain tribes.

Gender Neutrality in Laws

• Child-Related Offences: Makes laws about children gender-neutral.
• Adult Offences: Extends gender neutrality to crimes like outraging modesty and voyeurism.

Other Notable Changes

• Fake News: Introduces provisions against publishing false and misleading information.
• Sedition (‘Deshdroh’): Renames and broadens the definition to include financial support for subversive activities.
• Mandatory Minimum Sentences: Limits judicial discretion, raising concerns about fairness in considering mitigating circumstances.
• Public Property Damage: Implements fines corresponding to the extent of damage caused.

What was the need for new bills?

• Colonial legacy
  • From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British.
  • The laws were drafted during colonial times and contain archaic language and concepts that might not accurately reflect current social norms, values.
• Advances in Technology
  • This has introduced new dimensions to crime, evidence, and investigation.
• Simplification and Streamlining
  • The laws have become complex over time, leading to confusion among legal practitioners, law enforcement agencies, and the general public.
  • Simplifying and streamlining the legal framework can enhance transparency and understanding.
• Evidence Collection and Presentation
  • The Indian Evidence Act was enacted before the advent of modern forensic science and technological tools.
• Various reports highlighted the need for reforms in criminal laws
  • The department-related Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country.
  • It was also pointed out that the Parliamentary Standing Committee in its 111th and 128th reports had also highlighted the need for reforms in criminal laws.

Conclusion

• Reformative Approach: The BNS Bill represents a significant overhaul of India’s penal system, addressing contemporary issues and societal changes.
• Judicial Implications: While it introduces necessary reforms, the bill’s impact on judicial discretion and fairness in sentencing warrants careful consideration.

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