With the implementation of The Bharatiya ‘Nyaya’ Sanhita, 2023 (BNS) on July 1, one of the bravest legislative attempts made by any Government in Bharat comes to force. It replaces the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) which were drafted during the British colonial period. The IPC and the CrPC were the least amended laws in Bharat since their inception in the 19th century. In contrast, the Constitution, which came into force in 1950, was amended over 100 times. It is ironic that those parties and their leaders who swear by pocket-size Constitution today never made any efforts to decolonise our legal and justice system.
On India’s 76th Independence Day Prime Minister Narendra Modi flagged the issue of freedom from colonial mindset and the laws reeking of colonialism in Amrit Kaal. The New Bharat on the fast track to become a developed country undoubtedly required revamp of the British-era colonial laws and reform and transformation of our Criminal Justice Jurisprudence. It is reassuring that in Modi 3.0, the structural and fundamental reforms continue and so is the march of a civilisation-state towards decolonisation!
The three new enactments endowed with a Bhartiyata and in consonance with spirit of the Constitution brings a landmark change in our criminal justice system. Nyaya, Indian Constitution, Bhartiyata and the well-being of the citizens will be at the core of these new enactments. It was imperative to review the existing criminal laws with an aim to strengthen law and order and to focus on simplifying legal procedure so that ease of living and ease of justice is ensured to 140 Crore citizens.
The new enactments are not only in tune with the contemporary times but also futuristic aimed at providing speedy justice to common man. Accordingly, contemporary needs and aspirations of the people with a view to create a legal structure which is citizen centric and to secure life and liberty of the citizens has been created. Three new laws are victim-centric while making police accountable.
The purpose of the Indian ‘Penal’ Code made in 1860 was not to ensure justice but to give ‘punishment’. Now the Bharatiya ‘Nyaya’ Sanhita, 2023 will replace Indian Penal Code (IPC), the Bharatiya Nagarik Suraksha Sanhita will replace Criminal Procedure Code (CrPC) and the Bharatiya Sakshya bill will replace the Indian Evidence Act, 1872 and these laws will be implemented across the country. There will be one criminal codification from Kashmir to Kanyakumari in the spirit of one country and one law. All three new laws have been brought based on the basic principles of justice, equality and fairness.
The Home Ministry had started intensive discussions from 2019 to bring changes in these three old laws. A total of 3200 suggestions were received regarding these laws and Home Minister Amit Shah held 158 meetings to consider these three laws meticulously considering all suggestions and amendments.
The BNS consolidates certain provisions of the IPC to make it more concise and introduces 356 sections as compared to 511 sections. Taking a leap forward, the Narendra Modi Government has defined terrorism in the principal criminal law statute, and it shows a zero-tolerance policy. Organised crime has also been defined in these laws for the first time. Organised crime includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate. In accordance with the new challenges, the term “economic offences” has been introduced for the first time as part of the offence of organised crime to include offences of money laundering, hawala transactions, and traditional financial forgeries.
A new chapter has been dedicated in the Bharatiya Nyaya Sanhita on protection of women and children. There is a provision for life imprisonment and death penalty for rape of a woman under 18 years of age. In cases of gangrape, there is a provision of imprisonment of 20 years or imprisonment till death. It also criminalises sexual intercourse with a woman by deceitful means or making false promises. On the other hand, BNS adds murder or grievous hurt by five or more people on specified grounds, as an offence. These grounds include race, caste, sex, language, or personal belief. The punishment for such murder is life imprisonment or death.
With the implementation of Nyaya Sanhita, 2023; Nagarik Suraksha Sanhita, 2023 and Sakshya Adhiniyam, 2023, Bharat has shown the way to the world. Let us unpack this bold statement further. With an ancient conception of Nyaya, a modern blend of justice, and an advanced design to tackle new challenges, the new legal reforms have captured the amalgamation of civilisational wisdom and modernity. We have consolidation and streamlining, modernised language and definitions, expanded jurisdiction, revised and new categories of offences, gender-neutral provisions, and rethinking of retributive principles of our legal system. Going beyond the earlier prescribed punishments of Death, Imprisonment of Life, Imprisonment, Forfeiture of property, and fine, the introduction of Section 4(f) of the BNS marks a significant change, adding a sixth form of punishment: community service.
Historically, the IPC emphasized ‘punitive’ measures rooted in the retributive principle—punishing the offender and compensating the victim. With BNS and other measures, we can now swiftly proceed towards ‘humanising’ punishments and focusing on rehabilitation rather than mere retribution. But this certainly does not mean that our new legal system will allow offenders to go scot-free. Under the BNS, the fine amount has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty for community service has been introduced in six crimes, and 19 sections have been repealed or removed from the Act.
The new laws envision the implementation of a modern justice system in Bharat, bringing in provisions such as Zero FIR, online registration of police complaints, summons through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes. What we are witnessing is a complete overhaul of the colonial, revival of the ancient, and leap of the modern! That’s what “New India” looks like in the ‘Amrit Kaal’ with ‘Modi ki Guarantee’ in the backdrop.
