Indian Penal Code

 KEY DIFFERENCE BETWEEN BNS AND IPC

by | Jun 6, 2024

INTRODUCTION

The evolution from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita, 2023 (BNS2) marks a significant shift in India’s legal landscape. The new law aims to address contemporary challenges by redefining provisions related to national security, terrorism, and organized crime. It also introduces rehabilitative measures such as community service while retaining certain traditional elements. However, the BNS2’s introduction has sparked debate due to potential duplications with existing laws and its handling of gender-based offences.

Sedition and National Security:

  •  IPC: Sedition was punishable under Section 124A, focusing on acts undermining government authority.
  •  BNS 2: Sedition is replaced with provisions targeting activities threatening national sovereignty and integrity, reflecting a broader scope of concern for security threats.

Terrorism and Organized Crime:

  • IPC: The IPC lacked specific provisions addressing terrorism and organized crime.
  • BNS 2: Terrorism and organized crime are explicitly defined and penalized under the BNS2, aligning with international standards and enabling more effective law enforcement measures.

Community Service and Alternative Punishments:

  • IPC: Limited provisions for alternative punishments such as community service.
  • BNS 2: Introduces community service as a punitive measure, offering a more rehabilitative approach to addressing criminal behavior.

Age of Criminal Responsibility:

  • IPC: Age of criminal responsibility set at seven years, with provisions for maturity-based considerations.
  • BNS 2: Maintains existing age thresholds, potentially conflicting with international recommendations advocating for higher minimum ages.

 

Aspect Old Law (IPC) New Law (BNS2)
Duplication of Offences
  • When the IPC was enacted, it encompassed all criminal offences. However, over time, special laws have been enacted to address specific subjects and related offences, leading to duplication. 
  • Some offences have been removed from the BNS2, such as those related to weights and measures incorporated in the Legal Metrology Act, 2009. However, several offences continue to be retained, causing additional compliance burden and costs.
  • The BNS2 retains certain offences already covered under special laws, leading to duplication and possible inconsistencies in penalties. 
  • For instance, offences related to adulteration of food or drugs, unlawful compulsory labor, abandoning a child, and rash driving are retained in the BNS2 despite being covered by special laws with different penalties.
Addition of Crimes Acts of terrorism and organized crime, not covered under IPC, are included in the BNS2. This fills a gap as these crimes may occur across all states, including those without special laws. However, this also creates duplication in states with existing special laws. The BNS2 introduces offences related to organized crime and terrorism, which are already covered under special laws like the Unlawful Activities (Prevention) Act, 1967 and state laws like the Maharashtra Control of Organized Crime Act, 1999. This leads to duplication of laws and varying investigation and trial procedures for similar offences.
Penalty Distinction The BNS2 penalizes certain offences differently based on whether they are committed by individuals or members of a gang. For example, petty organized crime committed by a group or gang carries a higher penalty (one to seven years imprisonment) compared to the same offence committed by an individual (up to three years imprisonment). The BNS2 creates distinctions in penalties based on whether an offence is committed by an individual or a member of a gang. This may lead to unequal treatment of offenders and raise questions about fairness and consistency in sentencing.
Offences Against Women The BNS2 retains provisions of IPC related to rape but does not address recommendations for reforming offences against women, such as broadening the definition of rape and removing exceptions to marital rape. The BNS2 retains provisions related to offences against women from the IPC without incorporating recommendations for reform. This may perpetuate gender-based inequalities and fail to adequately address issues such as marital rape and assault on women’s modesty.
Sedition Aspects Retained The BNS2 removes the offence of sedition but introduces provisions penalizing acts threatening national unity and integrity, which bear similarities to sedition. However, terms like “subversive activities” remain undefined, raising questions about the scope of these provisions. While the BNS2 removes the offence of sedition, certain aspects related to sedition, such as acts endangering national unity and integrity, are retained under different provisions. The lack of clarity in defining terms like “subversive activities” may lead to ambiguity in enforcement and interpretation of these provisions.
Solitary Confinement Issues The BNS2 retains provisions allowing solitary confinement for certain offences, despite Supreme Court rulings and expert recommendations against such practices. The BNS2 permits solitary confinement for offences punishable with rigorous imprisonment, despite concerns raised by the Supreme Court and expert bodies regarding its violation of fundamental rights. This raises questions about the compatibility of BNS2 provisions with constitutional principles and human rights standards.
Unclear Scope of Community Service The BNS2 introduces community service as a punishment for certain offenses but does not define its nature or administration. The BNS2 lacks clarity on the scope and administration of community service as a punishment, which may lead to inconsistent application and enforcement across cases.

CONCLUSION

The transition from IPC to BNS 2 reflects India’s efforts to modernize its criminal justice system, ensuring it aligns with international standards and addresses current societal needs. Despite its progressive elements, the new law has raised concerns about redundancy and insufficient reforms in critical areas such as gender justice. Balancing tradition with modernity, the BNS2 represents a pivotal step in India’s legal evolution, yet it underscores the need for continuous evaluation and refinement.

 

SOURCE – PRSIndia

READ MORE – INTRODUCTION TO BHARTIYA NYAYA SANHITA

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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