The Bharatiya Nyaya Sanhita Bill, 2023 (BNS-2023)

 The Indian government has introduced a new bill, the Bharatiya Nyaya Sanhita Bill, 2023, which seeks to replace the Indian Penal Code (IPC), 1860. The bill contains 356 sections, of which 175 have been amended, eight have been added, and 22 have been repealed.

Repealing the sedition law: The bill proposes to repeal Section 124A of the IPC, which deals with the offense of sedition. This has been a controversial law, with critics arguing that it has been used to stifle dissent. 

The BNS-2023 proposes a number of changes to the IPC, including:

• A new definition of consent: The BNS-2023 defines consent as "a voluntary agreement by words, gestures or in any other manner, capable of being perceived as such, expressly or impliedly given by a person of the age of eighteen years or above who is of sound mind and is not under any coercion, duress, threat, or undue influence, to participate in any sexual activity."
• New crimes: The BNS-2023 creates a number of new crimes, including acid attacks, stalking, and cyberbullying.
• Stricter punishments for certain crimes: The BNS-2023 proposes stricter punishments for certain crimes, such as rape, murder, and terrorism.
• Changes to the bail process: The BNS-2023 proposes to make it more difficult to get bail for certain crimes.
• Changes to the way evidence is collected and presented in court: The BNS-2023 proposes a number of changes to the way evidence is collected and presented in court. These changes are aimed at making the judicial process more efficient and fair.

The BNS-2023 has been met with mixed reactions from legal experts. Some have praised the bill for its progressive reforms, while others have criticized it for being too harsh and for violating the rights of the accused.

The bill is currently being considered by a parliamentary committee. If it is passed by Parliament, it would be a major milestone in the history of the Indian criminal justice system.

Specific changes proposed by the BNS-2023:

• New definition of consent: The BNS-2023 defines consent as "a voluntary agreement by words, gestures or in any other manner, capable of being perceived as such, expressly or impliedly given by a person of the age of eighteen years or above who is of sound mind and is not under any coercion, duress, threat, or undue influence, to participate in any sexual activity."

This is a significant change from the current definition of consent under the IPC, which is based on the idea of "free will". The new definition is more inclusive and takes into account the power dynamics that can exist in sexual relationships.

• New crimes: The BNS-2023 creates a number of new crimes, including acid attacks, stalking, and cyberbullying.

These crimes are designed to address emerging forms of violence and harassment.

• Stricter punishments for certain crimes: The BNS-2023 proposes stricter punishments for certain crimes, such as rape, murder, and terrorism.

These changes are aimed at deterring crime and sending a message that certain offenses will not be tolerated.

• Changes to the bail process: The BNS-2023 proposes to make it more difficult to get bail for certain crimes.

These changes are aimed at ensuring that dangerous criminals are not released from custody before their trial.

• Changes to the way evidence is collected and presented in court: The BNS-2023 proposes a number of changes to the way evidence is collected and presented in court. These changes are aimed at making the judicial process more efficient and fair.

For example, the bill proposes to allow for the use of scientific evidence, such as DNA profiling, to be used in court.

Impact of the BNS-2023:

If enacted, the BNS-2023 would be a major overhaul of the Indian criminal justice system. The bill is designed to make the system more just and efficient, and to protect the rights of victims.

However, the bill has also been criticized for being too harsh and for violating the rights of the accused. It remains to be seen whether the bill will be passed by Parliament, and if it is, how it will be implemented.