The
Bharatiya Nyaya Sanhita, 2023 (BNS) is a bill that seeks to replace the Indian
Penal Code (IPC).
August
11, 2023: The original Bharatiya Nyaya Sanhita Bill (BNS) was introduced in the
Lok Sabha.
December
12, 2023: The BNS Bill was withdrawn after facing criticism and undergoing
scrutiny by the Standing Committee on Home Affairs.
December
12, 2023: A revised version, the Bharatiya Nyaya (Second) Sanhita Bill (BNS2),
was introduced in the Lok Sabha.
December
20, 2023: The BNS2 was passed by the Lok Sabha, not on Wednesday (which was
December 20th).
Therefore,
while the BNS2 has cleared one hurdle by successfully passing the Lok Sabha, it
still needs to be voted on and approved by the Rajya Sabha before it becomes
law. It's still early to say with certainty when or if it will be finally
implemented.
The
BNS includes a number of significant changes from the IPC, including:
Repeal
of sedition: The BNS repeals the sedition law, which was widely criticized for
being used to suppress dissent.
Introduction
of a new penal code for mob lynching: The BNS introduces a new penal code that
specifically criminalizes mob lynching.
Making
the death penalty mandatory for rape of minors: The BNS makes the death penalty
mandatory for rape of minors.
Other
changes proposed by the BNS include:
Adding
terrorism as an offence: The BNS adds terrorism as an offence.
Adding
petty organised crime as an offence: The BNS adds petty organised crime as an
offence.
Adding
murder by a group of five or more people on grounds of certain identity markers
as an offence: The BNS adds murder by a group of five or more people on grounds
of certain identity markers as an offence.
The
BNS has been met with mixed reactions. Some have welcomed the changes, arguing
that they are necessary to modernize India's criminal justice system and
protect the rights of citizens. Others have criticized the changes, arguing
that they are too harsh and could lead to human rights abuses.
It
is still unclear whether the BNS will be passed by Parliament. If it is passed,
it would represent a significant change to India's criminal law.
Here
are some of the key changes proposed by the BNS in more detail:
Repeal
of sedition
The
sedition law was a colonial-era law that made it a crime to bring or attempt to
bring hatred or contempt, or excite disaffection towards the government
established by law. The law was widely criticized for being used to suppress
dissent, and it was challenged in court several times. In 2019, the Supreme
Court ruled that the law was constitutionally valid, but it placed certain
restrictions on its use.
The
BNS repeals the sedition law entirely. This is a significant change, as it
would remove a law that has been used to stifle dissent in India for many
years.
Introduction
of a new penal code for mob lynching
Mob
lynching is a serious problem in India. In recent years, there have been
numerous cases of people being lynched by mobs, often on the suspicion of being
involved in crimes such as theft, cattle theft, or eating beef.
The
BNS introduces a new penal code that specifically criminalizes mob lynching.
The new code defines mob lynching as the killing of a person by a group of
people acting in concert. It also provides for a minimum sentence of five years
imprisonment for mob lynching.
This
is a significant change, as it would send a clear message that mob lynching is
a serious crime that will be punished.
Making
the death penalty mandatory for rape of minors
The
death penalty is a controversial punishment in India. It is currently mandatory
for certain crimes, such as murder and waging war against the state.
The
BNS makes the death penalty mandatory for rape of minors. This is a significant
change, as it would mean that anyone convicted of raping a minor would be
sentenced to death.
This
is a controversial change, as it would mean that the death penalty would be
applied to a wider range of crimes. Some people argue that this is necessary to
protect children from rape, while others argue that it is too harsh a
punishment.
Other
changes proposed by the BNS include:
Adding
terrorism as an offence: The BNS adds terrorism as an offence. Terrorism is
defined as the use of violence or the threat of violence to achieve a political
or religious goal.
Adding
petty organised crime as an offence: The BNS adds petty organised crime as an
offence. Petty organised crime is defined as a group of two or more people who
commit crimes together.
Adding
murder by a group of five or more people on grounds of certain identity markers
as an offence: The BNS adds murder by a group of five or more people on grounds
of certain identity markers as an offence. This is a new offence that would
cover cases of murder that are motivated by hatred or discrimination against
certain groups of people.
