The new Bharatiya Nyaya Sanhita has 358 sections, compared to the 511 in the Indian Penal Code. Therefore, the longstanding numbering of many criminal charges listed in the IPC has changed. Here is a brief list.
The three new criminal laws came into effect on Monday (July 1). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) will replace the Criminal Procedure Code (CrPC); the Bharatiya Nyaya Sanhita (BNS) will replace the Indian Penal Code; and the Bharatiya Sakshya Adhiniyam will replace the Indian Evidence Act.
The three new laws focus on justice rather than punishment and are aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasising “access to justice by all”.
The criminal justice system in India after Independence has not delivered the results because of certain inherent shortcomings including substandard investigation and prosecution, large pendency of criminal cases, delayed court proceedings, delay in disposal of cases, low conviction rate, and a large number of undertrial prisoners.
All these factors end up with denial of justice to the common people.
Passed in parliament last year, the government billed it as an effort to remove colonial influences on India’s legal system. Home Minister Amit Shah said last year that the “purpose of older laws” brought in by the British “was to strengthen the British rule”. “Its purpose was to punish, not to dispense justice,” he added.
“After nearly 150 years, the three new criminal laws are being brought with entirely new perspectives and provisions with a purpose to eliminate the delays in the criminal justice system… we will not see any colonial influence, and they will resonate with the essence of Indian soil, at the core of these (Bills) is the protection of the constitutional rights, human rights, and the self-defence of Indian citizens,” Shah said.
The BNS has 358 sections, compared to the 511 in the IPC. Therefore, the longstanding numbering of many criminal charges listed in the IPC has changed. For instance, Section 420, which defined cheating, led to the number ‘420’ becoming a catchall and commonly used term for such crimes. It is now listed as Section 318 in the BNS. Here is a list of some major criminal charges and how they are numbered in the BNS.
- Punishment for murder
Previously Section 302 in the Indian Penal Code, the offence is now covered under Section 103 of the Bharatiya Nyaya Sanhita. - Attempt to murder
Previously Section 307 in the Indian Penal Code, the offence is now covered under Section 109 of the Bharatiya Nyaya Sanhita. - Rape
Previously Section 375 in the Indian Penal Code, the offence is now covered under Section 63 of the Bharatiya Nyaya Sanhita. - Gang rape
Previously Section 376D in the Indian Penal Code, the offence is now covered under Section 70 (1) of the Bharatiya Nyaya Sanhita. - Cruelty against a married woman
Previously Section 498A in the Indian Penal Code, the offence is now covered under Section 85 of the Bharatiya Nyaya Sanhita. - Dowry death
Previously Section 304B in the Indian Penal Code, the offence is now covered under Section 80 of the Bharatiya Nyaya Sanhita. - Sexual harassment
Previously Section 354A in the Indian Penal Code, the offence is now covered under Section 75 of the Bharatiya Nyaya Sanhita. - Outraging the modesty of a woman
Previously Section 354 in the Indian Penal Code, the offence is now covered under Section 74 of the Bharatiya Nyaya Sanhita. - Criminal intimidation
Previously Section 503 in the Indian Penal Code, the offence is now covered under Section 351 of the Bharatiya Nyaya Sanhita. - Defamation
Previously Section 499 in the Indian Penal Code, the offence is now covered under Section 356 of the Bharatiya Nyaya Sanhita. - Cheating
Previously Section 420 in the Indian Penal Code, the offence is now covered under Section 318 of the Bharatiya Nyaya Sanhita. - Criminal Conspiracy
Previously Section 120A in the Indian Penal Code, the offence is now covered under Section 61 of the Bharatiya Nyaya Sanhita. - Sedition
Previously Section 124A in the Indian Penal Code, the offence is now covered under Section 152 of the Bharatiya Nyaya Sanhita. - Promoting enmity between different groups
Previously Section 153A in the Indian Penal Code, the offence is now covered under Section 196 of the Bharatiya Nyaya Sanhita. - Imputations, assertions prejudicial to national integration
Previously Section 153B in the Indian Penal Code, the offence is now covered under Section 197 of the Bharatiya Nyaya Sanhita. - Statements conducing to public mischief
Previously Section 505 in the Indian Penal Code, the offence is now covered under Section 353 of the Bharatiya Nyaya Sanhita. - Public nuisance
Previously Section 268 in the Indian Penal Code, the offence is now covered under Section 270 of the Bharatiya Nyaya Sanhita.
key details about the new laws: - Check and balance on police powers: In order to prevent the misuse of provisions related to arrest by the police, the BNSS has introduced additional obligation on the state government to designate a police officer who would be responsible for maintaining information on all arrests and who arrested them. The clause requires such information to be displayed prominently in every police station and the district headquarters.
- Fighting crime against women: The BNS introduces a transformative approach to reporting of crime against women through electronic First Information Reports (e-FIRs). This helps in fast reporting of offences that need immediate attention. The digital platform allows swift reporting, overcoming traditional barriers and reflects the essence of established legal principles emphasising timely reporting.
Judicial precedents, including the Harpal Singh case (1981), resonate in recognising societal factors influencing reporting delays. The electronic platform offers a discreet way for survivors to report offences. This aligns with the evolving socio-legal approach to empowering survivors to navigate the legal process without fear of stigma.
The historical under-reporting of such crimes due to societal pressures is addressed, resonating with the broader societal narrative advocating for a survivor-centric and empathetic legal system. Public awareness campaigns can bridge the gap between technological innovations and societal understanding. - Reducing overcrowding in prisons: The maximum period of detention for undertrials has been reduced for first-time offenders under certain circumstances, and the jail superintendent has been legally empowered to help the accused or undertrials in applying for bail.
A first-time offender (never convicted of any offence in the past) will be released on bail if the person has undergone a third of the maximum sentence prescribed. - Technology: The BNSS has introduced the use of technology at all stages, from crime scene visit to Investigation to trial. It is a game-changer as it will ensure a faster trial and ensure transparency in investigation. The inclusion of technology and forensics in investigation is a significant move geared towards modernising the criminal justice system and harnessing the strength of modern scientific technologies.
Considering the risk of manipulation of evidence, the mandatory inclusion of audio-video recording in search and seizure proceedings is an important inclusion in BNSS. The scope of audio-video recording during search and seizure includes the process of preparing a list of seized items and the signature of witnesses.
Transparency in search and seizure proceedings is likely to deter against fabrication of evidence and ensure the presence of independent witnesses in these proceedings.
(NDTV\Indian Express)