- Source – Indian Express
- Link – https://indianexpress.com/article/opinion/columns/menaka-guruswamy-writes-new-criminal-codes-not-an-open-and-shut-case-9435620/
- Syllabus – GS Paper 02
- Topic – Governance – Government policies – Interventions for development in various sectors
What is the issue?
The enactment of three new statutes—namely, the Bharatiya Nyaya Sanhita, 2023 (BNS); the Bharatiya Sakshya Adhiniyam, 2023; and the Bharatiya Nagarik Suraksha Sanhita, 2023—has significantly transformed criminal law in India. In this article, we explore the implications of these changes, focusing on the BNS and its impact on criminal offenses committed after July 1.
Key Observations
- Retained Provisions:
- Approximately 80 to 90 percent of the provisions from the Indian Penal Code (IPC) have been retained in the BNS.
- While provision numbers have changed, the essence of these provisions remains intact.
- Examples include sections related to culpable homicide, murder, assault, forgery, criminal intimidation, defamation, and rape.
- Changes in Sedition Law:
- Sedition remains an offense under the BNS (section 152).
- The definition has been expanded, and the nomenclature has changed.
- The punishment for acts endangering sovereignty has become more severe.
- Exciting secession, armed rebellion, subversive activities, or encouraging separatism can now attract this offense.
- Impact on Legal Practice:
- Lawyers need to adapt to the new provision numbers.
- Conversations in court, where lawyers casually referred to classic IPC sections (e.g., “arey yaar 302” for murder), will require adjustment.
- Balancing Tradition and Change:
- The BNS represents a delicate balance between tradition and modernization.
- While some provisions have undergone minimal revision, others have been redefined.
The seismic shift in criminal law necessitates legal practitioners’ adaptation and careful consideration of constitutional values. The BNS introduces significant changes, and legal professionals must navigate these transformations while upholding justice and fairness.
