The Indian Penal Code (IPC) has long been the cornerstone of criminal legislation in India, shaping the country’s legal landscape since its inception in 1860. However, as society evolved and new challenges emerged, it became evident that the IPC, despite its historical significance, required substantial revisions to remain relevant and effective in contemporary times. In response to these evolving needs, the Bharatiya Nyaya (Second) Sanhita (BNS2) was introduced on December 12, 2023, heralding a new chapter in India’s legal history.
Background:
The IPC, enacted over a century ago, served as the bedrock of India’s criminal justice system, providing a comprehensive framework for defining and penalizing criminal offenses. However, over time, the IPC began to show signs of strain, with certain lacunae, ambiguities, and outdated
provisions hindering its ability to address modern-day challenges effectively. Despite periodic amendments aimed at addressing specific issues, the core structure of the IPC remained largely unchanged, necessitating a more comprehensive overhaul to meet the demands of the 21st century.
Recognizing the need for reform, the Bharatiya Nyaya (Second) Sanhita (BNS2) was conceptualized as a successor to the IPC, aimed at modernizing and refining India’s criminal legal framework. The journey towards the BNS2 began with an acknowledgment of the IPC’s historical significance while also acknowledging its limitations in addressing contemporary issues. Through extensive deliberations and consultations, including input from the Standing Committee on Home Affairs, the BNS2 was crafted to bridge the gap between tradition and modernity, preserving the core principles of justice while adapting to the changing needs of society.
The BNS2 represents a holistic approach to legal reform, drawing upon insights gleaned from decades of legal practice, academic scholarship, and societal evolution. Its introduction marked a significant milestone in India’s legal history, signaling a departure from the past while embracing the imperatives of the present. By building upon the foundation laid by the IPC and integrating contemporary perspectives, the BNS2 seeks to usher in a new era of criminal justice that is equitable, transparent, and responsive to the needs of all citizens.
Highlights of the Bill:
The BNS2 retains many provisions from the IPC while introducing novel elements and redefining certain offences. Key highlights include:
- Introduction of Community Service: Community service is incorporated as a form of punishment, expanding the range of punitive measures available.
- Redefined Offences: Sedition is replaced with a broader offence aimed at safeguarding India’s sovereignty and unity. Additionally, terrorism and organised crime are explicitly addressed, reflecting contemporary security concerns.
- Enhanced Penalties: Murder by a group based on identity markers such as caste or language incurs severe penalties, including life imprisonment or death.
Key Aspects and Features:
- Age of Criminal Responsibility: The bill maintains the age of criminal responsibility at seven years, with provisions for maturity-based considerations up to 12 years. However, this may conflict with international standards recommending a higher threshold.
- Inconsistencies in Age Thresholds: Varied age thresholds for victims of offenses against children raise concerns of inconsistency and non-alignment with existing laws.
- Overlap with Special Laws: The BNS2 overlaps with existing special laws, potentially leading to regulatory duplication, compliance challenges, and disparate penalties for similar offenses.
- Retained Aspects of Sedition: While sedition is removed, certain provisions in the bill may retain elements of the offense, raising questions about its effective abolition.
- Lack of Reforms in Offences against Women: Despite recommendations, reforms addressing gender-based violence, including gender-neutral rape definitions and marital rape provisions, are not incorporated.
- Introduction of Organised Crime and Terrorism Offences: The inclusion of organized crime and terrorism offenses fills legislative gaps but may lead to duplicative laws and varying procedural frameworks across states.
In short, the Bharatiya Nyaya (Second) Sanhita (BNS2) represents a modernization of India’s criminal legal framework, aiming to address contemporary challenges while preserving core principles of justice. It introduces community service, redefines offenses, and enhances penalties, reflecting a proactive approach to societal needs and security concerns. However, issues such as age thresholds and inconsistencies with existing laws require further attention. Overall, the BNS2 signifies a significant step forward, but its effectiveness hinges on diligent implementation and ongoing refinement.
Source- PRS
