Three new criminal laws Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and Bharatiya Sakshya Adhiniyam (BSA) 2023 came into effect on July 1, 2024. These laws will replace the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act.
The Bharatiya Nyaya Sanhita Bill (BNS) replaced the Indian Penal Code, 1860; the Bharatiya Sakshya Bill (BSS) replaced the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) replaced the Code of Criminal Procedure, 1898.
The Bharatiya Nyaya Sanhita (BNS) aims to make criminal law more suitable and up-to-date for today’s India. BNS not only updates existing rules but also adds new ones. It simplifies the law by reducing the number of sections from 511 to 358. It introduces 21 new crimes, such as hate crimes and mob lynching, and includes offenses like terrorism, organized crime, and hate speech. It redefines sedition to focus on actions that threaten the country’s integrity, calling it treason.
Under the BNS bill, “whoever, by words, signs, electronic communication or by use of financial means, excites or “attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished”.
Highlights Of BNS:
The Bhartiya Nyaya Sanhita (BNS) brings significant changes to how crimes are reported and handled. Previously, you could only file an FIR by going to a police station in person. Now, complaints can be made online via platforms like WhatsApp or email, though you must visit the station within 72 hours to sign a physical copy. For crimes punishable by 3 to 7 years in jail, police can start an investigation without a complaint.
Regarding rape cases, the BNS includes reforms. It maintains strict laws against rape and stalking, and it considers gang rape victims as adults from age 18, ensuring tougher punishments for offenders.
The law also addresses mob violence. It makes it a crime for five or more people to harm or kill someone based on their race, caste, sex, language, or beliefs, aiming to protect against hate crimes.
How Is BNS Different From IPC?
Here are some key changes in the Bharatiya Nyaya Sanhita (BNS):
1. Crimes Against People:
The BNS keeps existing laws on murder, assisting suicide, assault, and causing serious injury. It adds new crimes like organised crime, terrorism, and group attacks causing death or serious injury.
2. Sexual Crimes Against Women:
The BNS keeps laws on rape, spying on women, stalking, and insulting women’s modesty. It raises the age for gang rape victims to be considered adults from 16 to 18. It also makes it a crime to have sex with a woman by lying or making false promises.
3. Sedition:
The BNS removes the old sedition law. Instead, it punishes actions that try to cause separation from India, armed rebellion, or activities against the country. It also punishes encouraging separatist feelings and threatening India’s unity and integrity, using words, electronic communication, or money.
4. Terrorism:
The BNS defines terrorism as acts meant to threaten the country’s unity, scare the public, or disrupt order. Punishment can include death or life imprisonment and a fine if it results in someone’s death, or 5 years to life in prison and a fine for other cases.
5. Organized Crime:
Organised crime includes activities like kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime by crime syndicates. Punishment can include death or life imprisonment and a fine if it results in someone’s death, or 5 years to life in prison and a fine for other cases.
6. Mob Lynching:
The BNS makes it a crime for five or more people to kill or seriously hurt someone based on race, caste, sex, language, or personal belief. Punishment for such murder ranges from 7 years in prison to life imprisonment or death.
7. Supreme Court Decisions:
The BNS follows some Supreme Court decisions, such as removing adultery as a crime and adding life imprisonment as a punishment option (besides the death penalty) for life convicts who murder or try to murder.
8. Report Crimes Online:
Under Section 173 of BNS, an individual can report incidents through electronic means of communication without having to go to the police station. This will make reporting easy and quick, thereby facilitating prompt action by the police.
What Are The Issues With BNS?
The Rape Laws In BNS Are Not Gender Neutral:
BNS omits section 377 of IPCZ Section 376 of the old Indian Penal Code (IPC) only addresses rape against women. Since Section 377, which covered other forms of sexual assault including against men and transgender persons, is not included in the new Bharatiya Nyaya Sanhita (BNS). Men will be able to find relief in Section 114 and 115 of the BNS that deals with grievous hurt. Under this section the term of imprisonment can extend up to 7 years. The transgender community can find relief in the same sections of the BNS and under Section 18 of the Transgender Persons (Protection of Rights) Act, 2019. Under this section the term of imprisonment shall not be less than 6 months and can extend up to 2 years. There will be no charges for raping an animal.
Changes in Criminal Responsibility for Mental Health Conditions in the BNS
The Indian Penal Code (IPC) states that if a person with an unsound mind commits an act, it is not considered a crime. The new criminal law, the Bharatiya Nyaya Sanhita (BNS), keeps this rule but changes “unsound mind” to “mental illness.” According to the Mental Healthcare Act of 2017 (MHA, 2017), mental illness is a severe disorder in thinking, understanding, or memory that significantly affects the ability to recognize reality. This definition does not include intellectual disabilities or incomplete mental development. Because of this change, people with mental illness might not be protected from being tried for crimes, which means they could be held responsible even if they can’t fully understand their actions.
Overlap between BNS and Special Laws:
The BNS adds certain new offences such as organised crime and terrorism which are already covered under special laws. Such overlap in laws may cause additional compliance burdens and costs. It may also lead to multiple laws providing varying penalties for the same offences.
BNS Defines Terrorism Too Broadly:
The Bharatiya Nyaya Sanhita (BNS) makes terrorism a crime. It defines terrorism as any action meant to: 1. Threaten the country’s unity, integrity, and security. 2. Scare the public. 3. Disrupt public order. Terrorist acts include: 1. Using guns, bombs, or dangerous substances to cause death, harm, or fear. 2. Destroying property or disrupting essential services. By saying that disturbing public order is also terrorism, the BNS can classify many different actions as terrorism.
How Will The Changes Made By BNS Impact You?
The Bharatiya Nyaya Sanhita (BNS) makes important updates to India’s criminal justice system, affecting various laws and how they are applied. It introduces 21 new crimes such as hate crimes, mob lynching, and cybercrime. These additions help the legal system address modern problems more effectively.
However, while the BNS updates laws on sexual crimes against women and raises the age for gang rape victims to be considered adults from 16 to 18, it still lacks gender-neutrality. It doesn’t offer enough protection for men and transgender persons in rape cases, showing ongoing gender biases and gaps in legal protection. Making it a law to criminalize sex based on false promises is regressive and problematic because it interferes with the private lives of consenting adults. In consensual relationships, both parties should be responsible for their decisions, and involving the law in personal matters risks undermining individual autonomy. Additionally, it creates a problematic precedent where the state is tasked with interpreting the nuances of personal interactions and promises, which are often subjective and complex.
A key change in the BNS is the new definition of sedition and terrorism. The old sedition law is replaced with rules targeting actions that threaten the country’s unity and security. However, the broad definition of terrorism, which includes acts that disrupt public order, raises concerns about misuse and the potential for stifling legitimate dissent and protest.
The BNS also introduces digital reporting, allowing crimes to be reported online. This change makes it easier for victims to seek justice quickly, without needing to go to a police station.
However, changes in how mental health conditions affect criminal responsibility introduce both clarity and concern. The term “unsound mind” is replaced with “mental illness,” based on the Mental Healthcare Act of 2017. This change might limit protections for individuals with mental health issues, making more people with mental disabilities criminally responsible, which raises ethical concerns.
The BNS overlaps with special laws on organised crime and terrorism, creating potential redundancies and inconsistencies. This overlap can make enforcement more complicated and burdensome for legal practitioners and law enforcement.
In summary, the BNS represents a significant update to India’s criminal laws. However, its broad definitions, gender biases, and potential overlaps highlight areas that need careful implementation and ongoing review to ensure fair and effective application. The true impact of these changes will depend on how they are interpreted and enforced in practice.