What is Bharatiya Nyaya Sanhita (BNS)?
Historical Background
Key Points
10 points- 1.
Consolidates and amends the law relating to offenses, with 358 sections compared to 511 sections in the IPC.
- 2.
Introduces new offenses like organized crime, terrorism, mob lynching, sexual exploitation by deceitful means, and publishing false news.
- 3.
Modifies existing offenses, for example, sedition is replaced by offenses against the sovereignty, unity and integrity of India.
- 4.
Increases penalties for various crimes, including rape and gang rape.
- 5.
Introduces community service as a form of punishment for petty offenses.
- 6.
Mandates forensic investigation for offenses punishable with 7 years or more imprisonment.
- 7.
Focuses on justice rather than punishment, with a victim-centric approach.
- 8.
Digitalization of criminal justice processes, including e-FIRs and videography of search and seizure.
- 9.
Section 75 of BNS specifically deals with sexual harassment, replacing IPC Section 354A.
- 10.
Section 115(2) of BNS deals with voluntarily causing hurt.
Visual Insights
Indian Penal Code (IPC, 1860) vs. Bharatiya Nyaya Sanhita (BNS, 2023): Key Changes
This table provides a critical comparison between the colonial-era Indian Penal Code (IPC) and the newly enacted Bharatiya Nyaya Sanhita (BNS). It highlights the significant reforms, new offenses, and changes in punishment philosophy, crucial for understanding India's updated criminal law.
| Aspect | Indian Penal Code (IPC), 1860 | Bharatiya Nyaya Sanhita (BNS), 2023 |
|---|---|---|
| Total Sections | 511 Sections | 358 Sections |
| Origin | Colonial-era law, enacted during British rule. | Post-independence law, aimed at decolonization and modernization of criminal justice. |
| New Offenses Introduced | N/A | Organized crime, terrorism, mob lynching, sexual exploitation by deceitful means, publishing false news. |
| Sedition | Section 124A (Sedition) - highly debated, often criticized for misuse. | Replaced by offenses against 'sovereignty, unity and integrity of India' (Section 150), with broader scope and higher penalties. |
| Sexual Harassment | Section 354A (Sexual Harassment) and other related sections. | Section 75 (Sexual Harassment) - consolidates and updates provisions, similar to 354A but part of a new code. |
| Voluntarily Causing Hurt | Section 323 (Voluntarily causing hurt) and other related sections. | Section 115(2) (Voluntarily causing hurt) - similar provisions, renumbered and integrated. |
| Punishment Philosophy | Focus on punishment and deterrence. | Focus on 'justice rather than punishment', victim-centric approach, community service introduced for petty offenses. |
| Digitalization | Limited provisions for digital evidence/processes. | Mandates e-FIRs, videography of search/seizure, forensic investigation for serious offenses. |
Enactment & Implementation Journey of Bharatiya Nyaya Sanhita (BNS)
This timeline illustrates the legislative journey of the Bharatiya Nyaya Sanhita (BNS), from its introduction in Parliament to its final enactment and effective date. It highlights the rapid overhaul of India's criminal justice system.
The enactment of the BNS, along with BNSS and BSA, represents a monumental shift in India's criminal justice system, replacing colonial-era laws. The swift legislative process in 2023 and the subsequent implementation in 2024 underscore the government's commitment to legal reforms.
- August 11, 2023Bharatiya Nyaya Sanhita Bill, 2023, introduced in Lok Sabha by Home Minister.
- August 18, 2023Bill referred to the Parliamentary Standing Committee on Home Affairs for review.
- December 12, 2023Standing Committee submits its report with recommendations.
- December 20, 2023Lok Sabha passes the Bharatiya Nyaya Sanhita Bill, 2023 (revised version).
- December 21, 2023Rajya Sabha passes the Bharatiya Nyaya Sanhita Bill, 2023.
- December 25, 2023President of India gives assent, making it the Bharatiya Nyaya Sanhita, 2023.
- July 1, 2024Bharatiya Nyaya Sanhita (BNS) officially comes into effect across India.
- January 2026Application of BNS in cases like the Himachal ragging-sexual assault incident, demonstrating its active implementation.
Bharatiya Nyaya Sanhita (BNS): A New Era of Criminal Justice
This mind map provides a concise overview of the Bharatiya Nyaya Sanhita (BNS), highlighting its core objectives, key features, and broader impact on India's criminal justice system. It helps visualize the interconnected aspects of this significant legal reform.
Bharatiya Nyaya Sanhita (BNS) 2023
- ●Objectives
- ●Key Features
- ●Impact & Implications
- ●Challenges
Recent Developments
5 developmentsEnactment and notification of the three new criminal laws, effective from July 1, 2024.
Ongoing training and sensitization programs for police, judiciary, and legal professionals on the new laws.
Debates and discussions on the implications of the new laws, particularly regarding fundamental rights, police powers, and judicial processes.
Challenges in implementation, including infrastructure for forensic science and digital processes.
The current news serves as an early example of the application of specific sections of the BNS.