Introduction to Bharatiya Nyaya Sanhita (BNS)

Historical Context and Need for Reform

The Bharatiya Nyaya Sanhita (BNS), 2023, is a landmark legislation enacted by the Parliament of India. It is set to replace the Indian Penal Code (IPC), 1860, which has served as the principal criminal code in India for over 160 years. The enactment of BNS is part of a broader legal reform initiative by the Indian government aimed at updating and modernizing the criminal justice system, moving away from colonial-era laws towards a framework designed for contemporary India.

Repeal of the Indian Penal Code, 1860

The Indian Penal Code, 1860, was enacted during the British colonial rule. It was drafted by the first Law Commission of India, chaired by Lord Macaulay, and came into force in 1862. While the IPC provided a comprehensive framework for defining crimes and prescribing punishments, it was a product of its time, reflecting the socio-political context and objectives of the colonial administration. Over the decades, society, technology, and the nature of crimes evolved significantly, rendering some provisions of the IPC outdated, inadequate, or requiring substantial interpretation and amendment. There was a growing consensus on the need to replace this colonial legacy with a modern code that focuses on justice and the rights of victims in the context of contemporary India.

Objectives of the BNS

The Bharatiya Nyaya Sanhita, 2023, is introduced with several stated objectives, aiming to overhaul the criminal law framework:

Shift from Punishment to Justice: The primary stated objective is to shift the focus of the criminal law system from merely administering punishment to delivering justice to the victims and ensuring a just society.
Modernization of Criminal Law: To update the law to address new-age crimes and challenges posed by technology, which were not contemplated in the 1860 code.
Simplification and Clarity: To simplify the language and structure of the code, making it more accessible and understandable.
Victim-centric Approach: To enhance the rights and position of victims in the criminal justice process, ensuring their voices are heard and their needs addressed.
Speedy Justice: To streamline procedures and incorporate technology to facilitate faster investigation and trial, reducing delays in the justice delivery system.
Adaptation to Indian Realities: To create a law that is rooted in the values and needs of Indian society today, shedding the remnants of a colonial mindset.

The BNS seeks to provide a comprehensive criminal code that is relevant, effective, and just for the 21st century.

Salient Features and Key Changes

The Bharatiya Nyaya Sanhita introduces numerous changes compared to the IPC, 1860, reflecting its stated objectives and the contemporary landscape of crime and technology.

Focus on Justice and Victim-centric Approach

The BNS aims to shift the narrative from a state-centric penal code to a people-centric justice system. While retaining penal provisions, it intends to lay greater emphasis on the consequences of crime for the victim and society. Provisions regarding compensation to victims and their participation in certain stages of the process are highlighted as part of this approach.

Introduction of New Offences

The BNS criminalizes several acts that were either not explicitly covered in the IPC or were addressed under different laws. Some notable new offences include:

Organised Crime: Specific provisions dealing with petty organised crime and organised crime activities, including kidnapping, extortion, cyber-crime, etc.
Terrorist Act: A distinct definition and penal provision for terrorist acts, aligning with global counter-terrorism efforts.
Mob Lynching: Specific offence and stringent punishment for causing death or grievous hurt as part of a mob (five or more persons) on grounds of race, caste, community, sex, place of birth, language, public disorder, or any other similar ground.
Sexual Exploitation by Employment, Promotion, etc.: Criminalizing acts of sexual exploitation by misuse of position, particularly by promising employment, promotion, or marriage.
Publication of False News: Introducing provisions related to spreading false and misleading information.
Snatching: Making snatching a distinct offence with a specific punishment.

Modification of Existing Offences

Many existing offences from the IPC have been modified, renamed, or their scope altered:

Sedition: The offence of sedition (Section 124A of IPC) is replaced and incorporated under a new name and redefined scope (under the chapter on 'Offences against the State'). The new provision targets acts endangering sovereignty, unity, and integrity of India through written or spoken words or signs.
Murder and Culpable Homicide: The sections defining these offences have been renumbered and slightly modified in wording.
Hurt and Grievous Hurt: Changes in the definition and classification of different types of hurt.
Theft, Extortion, Robbery, Dacoity: These offences are retained with renumbered sections and some clarifications.
Criminal Conspiracy: Retained and renumbered.
Offences Against Women and Children: These offences are retained with modifications, often with enhanced penalties or clearer definitions. For instance, the definition of rape is retained, but the age of consent and related provisions are clarified.
Adultery and Unnatural Offences: The offence of adultery, which was struck down by the Supreme Court, is not included. Provisions relating to unnatural offences are retained but modified to primarily apply to bestiality.
Merger of Offences: Certain offences have been merged or consolidated.

Emphasis on Technology and Modernization

Digital Evidence: The BNS facilitates the use of electronic and digital records as evidence in criminal proceedings, acknowledging the digital age.
Modern Offences: Explicitly criminalizing cyber-crimes within the definition of organized crime or other relevant sections.
Summoning and Trial Procedures: The related procedural law (Bharatiya Nagarik Suraksha Sanhita, replacing CrPC) provides for electronic summons, virtual attendance, and digital recording of proceedings, aiming for faster trials.

Community Service as a Punishment

The BNS introduces community service as a form of punishment for minor offences. This provides an alternative to imprisonment or fine for less severe crimes, focusing on restorative aspects and contribution to society.

Structured Sentencing:

While retaining discretion for judges, the BNS aims to provide a more structured framework for sentencing by indicating aggravating and mitigating circumstances for certain offences.

These changes represent a significant effort to update India's substantive criminal law to match contemporary challenges and priorities.

Structure and Application of BNS

The Bharatiya Nyaya Sanhita, 2023, is structured systematically, defining general principles, specific offences, and the corresponding punishments. Its application extends throughout the territory of India and, in certain cases, extraterritorially.

Structure:

The BNS comprises 20 Chapters and 358 Sections. This is a reduction from the IPC, 1860, which had 23 Chapters and 511 Sections. The reorganization aims to simplify the structure and sequence of offences.

It starts with preliminary matters, general explanations, and general exceptions (circumstances where actions that would otherwise be crimes are excused or justified).
It then defines various specific offences, grouped into chapters based on the nature of the wrong (e.g., offences affecting the human body, offences relating to property, offences against the state, offences relating to marriage, etc.).
Each section defining an offence specifies the conduct that constitutes the crime and the punishment prescribed.

Application:

Territorial Application: The BNS applies to the whole of India (including Jammu and Kashmir, following the Jammu and Kashmir Reorganisation Act, 2019, which made Union laws applicable to the UTs of J&K and Ladakh).
Extra-territorial Application: The BNS applies to any person who commits an offence outside India but which by law may be tried within India. This includes offenses committed by Indian citizens in any place without and beyond India, and offences committed by any person on any ship or aircraft registered in India wherever it may be.

The BNS is the substantive criminal law, defining what constitutes a crime. The procedures for investigation, trial, and punishment are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), 1973. The law of evidence applicable in criminal proceedings is now the Bharatiya Sakshya Bill (BSB), 2023, replacing the Indian Evidence Act, 1872.

The BNS is scheduled to come into effect from July 1, 2024 (as per a government notification in February 2024), marking a significant transition in India's criminal law landscape.