How BNS is the modified version of IPC?

Bharatiya Nyaya Sanhita, the modified version of IPC.

1.  Abstract:

This article deals with the proposal to replace Indian Penal Code, 1860 (IPC) with Bharatiya Nyaya Sanhita, 2023. IPC is the principal substantive law on criminal offences. It deals with a variety of offences which range across various categories like public health and safety; property related offences; defamation; offences against the state; etc. The Bharatiya Nyaya Sanhita, 2023 bill was introduced in the Lok Sabha in August, 2023. The same was then referred to the Parliamentary Standing Committee.

2.  Introduction:

The main body of law governing criminal acts in India is the Indian Penal Code (IPC), a comprehensive criminal code. The British colonial government passed it in 1860, and since then, it has undergone several revisions to adapt to evolving legal requirements and social conventions.

There are several chapters of the Indian Penal Code, each addressing a distinct category of offense. Crimes against the state, public peace, public employees, property, morality, and individual integrity are just a few of the many crimes that fall under its broad purview. Additionally, the code outlines the penalties for certain infractions.

A person must have both the intent to commit a crime and the physical act in order to be found guilty under the IPC's "actus reus" and "mens rea" principles.

For crimes like murder, theft, robbery, abduction, rape, fraud, defamation, and many more, the law offers definitions and particular requirements. It also establishes standards for figuring out criminal responsibility age, accused parties' rights, and the protocols for the investigation and trial.

To meet new challenges and conform to global norms, the IPC is updated on a regular basis. In order to preserve peace and order in India and provide victims of crimes with justice, it is a vital instrument. To interpret and apply the criminal laws of the nation, legal experts, law enforcement organizations, and the judiciary use the Indian Penal Code (IPC).

3.  Proposed changes:

A measure was presented in the Lower House of Parliament in August 2023. The Bharatiya Nyaya Sanhita, 2023 bill seeks to completely replace the IPC, ending the British period code.

Numerous sections of the Indian Penal Code are still included in the newly proposed legislation.

The intention is to add a few additional offenses to the code.

• It aims to modify the punishments for a select few crimes;
• Presents the idea of using community service to penalize certain offenses;
• The revised code has very few clauses that have been eliminated.

Provisions from the previous code are intended to be removed in the new one. A number of them have had court rulings deeming them to be unlawful. Furthermore, it contains a few clauses that were removed in earlier revisions.

• Adultery: In 2018, the Supreme Court ruled that IPC Section 377, which made same-sex relationships between consenting adult’s illegal, was unconstitutional. Since this ruling satisfied a long-standing desire, mostly from urban areas, it was applauded nationwide. The case came before the Supreme Court of India as Navtej Singh Johar v. Union of India[1], and the five-judge panel rendered a unanimous ruling.
• Sedition: There has been significant evolution in the meaning of sedition. The new Sanhita’s Section 150 aims to describe the offense precisely. Despite the fact that such a legislation ought to have been repealed in the contemporary day, the administration has decided to maintain it in place while giving it new meaning.[2]
• Crimes related to organized crime: The new Sanhita suggests making certain crimes illegal. Organized crime has been specified under Section 109 of the draft bill. The definition provided appears to be quite thorough and promising.

• The proposed bill aims to strengthen the nation's rape laws, which has been a long-standing demand. It provides the death sentence for gang rape of minors. The law aims to punish minors who are raped with life in prison[3].
• Sexual relations on a fictitious promise of marriage: Section 69[4] addresses one of the most well-known trends. In accordance with this clause, engaging in sexual activity that does not constitute rape and that is carried out under false pretenses of marriage or by dishonest methods faces up to ten years in jail and a fine.
• Potential mob lynching although the phrase "mob lynching" is not used by Sanhita, she has included a clause that effectively addresses the topic. Crimes involving "five or more people" are covered under Section 101(2). Defendants in such a case are also required to serve a minimum of seven years in prison.

Aside from these, the new Sanhita features a few noteworthy modifications, a couple of which are:

• Section 302 of the new Sanhita deals with snatching, replacing the well-known IPC Section 302, which dealt with the penalty for murder.
• The proposed Sanhita does not hold the same status as Section 420 of the IPC, which contains provisions for deceit. Location 420 has been moved to a different location of the new Sanhita, and Section 420 does not exist.
• Convicts of group rape will face 20 years in jail under the new Sanhita law.
• The use of community work as a form of punishment for offenses including defamation and attempted suicide has been implemented.

4.  Conclusion:

Southeast Portico: “I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind…….”[5]

It is really depressing to observe that we have continued to apply rules from the British era without adapting them to Indian requirements and changing circumstances in a country that gained independence following such a protracted war.

It has long been the demand of the legal diaspora to amend the substantive and procedural laws, including as the IPC, CrPC, and IEA. It is up to us to observe how these new rules will be implemented and enforced, as well as what obstacles they will provide. Changes always bring about change.