Author: Raghav Tomar, Guru Gobind Singh Indraprastha University
The Bharatiya Nyaya Sanhita (BNS), 2023, introduces several new offences and reforms aimed at addressing the shortcomings of the Indian Penal Code (IPC), 1860. Here are the key implications and how it aims to improve the legal framework:
New Offences :
20 New Offences : The BNS introduces 20 new offences, including those related to cybercrime, organized crime, and economic offences.
Community Service : For six offences, the punishment of community service has been incorporated, promoting restorative justice.
Gender-Neutral Language :
Inclusivity : The BNS uses gender-neutral language in offences related to procuration, outraging modesty, and voyeurism, ensuring that all genders, including transgender persons, are covered.
Enhanced Punishments :
Increased Imprisonment : Punishments for 33 offences have been increased, reflecting the seriousness of these crimes.
Higher Fines : Fines for 83 offences have been enhanced, acting as a stronger deterrent.
Mandatory Minimum Punishments : Introduced for 23 offences, ensuring that certain crimes receive a minimum level of punishment.
Modern Definitions :
Updated Definitions : Definitions have been modernized to include electronic and digital records, and the scope of movable property has been extended.
Child Definition : Any person below the age of 18 is now defined as a child, standardizing the age for offences like kidnapping.
Abolition of Archaic Provisions :
Sedition : The offence of sedition has been removed, replaced by new offences related to secession, armed rebellion, and subversive activities.
Adultery : Decriminalized, aligning with the Supreme Court’s judgment in Joseph Shine v. Union of India.
Addressing Shortcomings of the IPC :
Colonial Legacy : The IPC, drafted in 1860, contained many provisions that were outdated and reflective of colonial rule. The BNS aims to modernize the legal framework to better align with contemporary values and societal norms.
Comprehensive Coverage : By introducing new offences and updating definitions, the BNS addresses gaps in the IPC, particularly in areas like cybercrime and gender inclusivity.
Restorative Justice : The inclusion of community service as a punishment for certain offences promotes restorative justice, focusing on rehabilitation rather than just retribution.
Consistency and Clarity : The BNS organizes definitions systematically and uses gender-neutral language, making the law more accessible and understandable.
Analysis of “Bharatiya” and “Bharatiya Nagarik” in Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita, 2023
Terminology and Scope :
The terms “Bharatiya” and “Bharatiya Nagarik” translate to “Indian” and “Indian Citizen” respectively. These terms emphasize national identity and sovereignty.
The use of “Bharatiya” does not inherently restrict the application of these laws to Indian citizens only. The laws apply to all individuals within the territory of India, regardless of citizenship, as per the principles of territorial jurisdiction.
Broader Implications :
The terminology aims to reinforce the national character of the legal system, aligning with the broader objective of decolonizing Indian laws and making them more reflective of Indian values and identity.
The use of “Bharatiya Nagarik” specifically refers to Indian citizens, which can have implications in certain legal contexts, such as rights and duties that are exclusive to citizens (e.g., voting rights, certain protections under the Constitution).
Symbolic and Demographic Appeal :
The use of these terms is symbolic, reflecting a shift towards indigenization of the legal framework. It aims to resonate with the Indian populace by emphasizing national pride and identity.
This symbolic use can appeal to a demographic that values cultural and national identity, potentially garnering support from those who favour a move away from colonial legacies.
Legal Arguments and Historical Context :
Historically, Indian laws have undergone significant changes to shed colonial influences. The introduction of terms like “Bharatiya” is part of this ongoing process.
Legal arguments supporting this terminology highlight the importance of a legal system that reflects the nation’s identity and values. Critics, however, may argue that such terms could lead to ambiguity in interpretation and application, especially in cases involving non-citizens.
Relevant Case Law :
Case law on the interpretation of national identity in legal texts can provide insights. For instance, the Supreme Court of India has often emphasized the importance of interpreting laws in a manner that aligns with the nation’s constitutional values and identity.
Specific cases involving the rights of non-citizens, such as the treatment of refugees and foreign nationals, can illustrate how the terminology “Bharatiya” and “Bharatiya Nagarik” is applied in practice.
Conclusion :
The use of “Bharatiya” and “Bharatiya Nagarik” in the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita, 2023, serves both practical and symbolic purposes. While it reinforces national identity and sovereignty, it does not restrict the application of these laws solely to Indian citizens. The broader implications and symbolic appeal of these terms reflect a move towards a more indigenized and culturally resonant legal framework.
Frequently asked questions –
What is the Bhartiya Nyaya Sanhita 2023?
Answer. It is a proposed criminal code aimed at modernizing and reforming the criminal justice.
How does the Bhartiya Nyaya Sanhita 2023 differ from the Indian Penal Code?
Answer. It introduces updated definitions and classifications of crimes, modernizes punishments, and includes provisions for emerging types of crime, improving clarity and relevance.
What are the key features of the Bhartiya Nyaya Sanhita 2023?
Answer. It focuses on enhancing the efficiency of the criminal justice system, modernizing legal provisions, ensuring a balanced approach to crime and punishment, and protecting individual rights.
