Bharatiya Nyaya Sanhita, 2023

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 Introduction

The Indian Penal Code was the replica of British criminal jurisprudence, designed not to help or protect India but rather to control and punish them. Various Sections of this criminal law were irrelevant in the current scenario because we as a society have evolved in every aspect. The Union Government of India proposed replacing the colonial-era criminal laws by launching a series of amendments aiming to protect the rights of Indian citizens. Three bills were introduced by the Minister of Home Affairs in the Lok Sabha to replace the Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), and the Indian Evidence Act. The bills introduced were the Bharatiya Nyaya Sanhita Bill 2023, Bharatiya Nagarika Suraksha Sanhita Bill 2023, and Bharatiya Sakshya Bill 2023 aimed to replace the IPC 1860, CrPC 1973, and Indian Evidence Act 1872 respectively. While introducing the Bills, Union Minister Amit Shah said, “These three acts, which will be replaced, were made to strengthen and protect British rule and their purpose was to punish, not to give justice. We are going to bring changes in both these fundamental aspects.” In this article, we will discuss the key provisions and changes proposed by the introduction of the Bharatiya Nyaya Sanhita (BNS) of 2023.

Bharatiya Nyaya Sanhita, 2023

Bharatiya Nyaya Sanhita, 2023
In India, IPC 1860 is the principal law on criminal offences covering those affecting the property, the human body, public order, defamation, public health, and offences against the state. The longstanding IPC criminal law has been amended several times over the years to add new offences, change the quantum of punishment, and amend existing offences. Moreover, several Law Commission reports have recommended amendments to the IPC on subjects such as food adulteration, offences against women, and the death penalty. To transform the criminal justice delivery landscape of India, the Bharatiya Nyaya Sanhita Bill 2023 was proposed which consists of 358 sections whereas the IPC 1860 consists of 511 sections. Minister of Home Affairs Amit Shah introduced the Bharatiya Nyaya Sanhita Bill in the Lok Sabha on August 11, 2023. Further, the BNS Bill was withdrawn on December 12, 2023, and the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was introduced in the Lok Sabha. On December 20, and 21, the Bharatiya Nyaya (Second) Sanhita Bill, 2023, was passed in the Lok Sabha and Rajya Sabha respectively. Further, the Bharatiya Nyaya (Second) Sanhita Bill, 2023, received the assent of India’s President Droupadi Murmu, on December 25, 2023.

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