Author: Yash Suresh Khiste, The Manikchand Pahade Law College, Chhatrapati Sambhaji Nagar, Maharashtra
ABSTRACT
The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the Indian Penal Code, 1860 (IPC), bringing significant changes to India’s criminal justice system. This article analyzes its key reforms, impact on criminal jurisprudence, and challenges. The abolition of sedition laws, introduction of community service, harsher punishments for mob lynching and terrorism, and focus on technology-based trials are among the major highlights. This shift aims to modernize criminal law, but its implementation will determine its effectiveness.
INTRODUCTION
The Bharatiya Nyaya Sanhita, 2023 was introduced as part of India’s legal reforms, replacing the Indian Penal Code, 1860. The IPC, drafted during British rule, had colonial influences that no longer aligned with India’s modern socio-legal landscape. The BNS aims to make criminal law more victim-centric, technology-driven, and efficient.
FEATURES OF THE BHARATIA NYAYA SANHITA, 2023
Abolition of Sedition Law
The controversial sedition law (Section 124A IPC) has been removed. Instead, a new provision (Section 150 BNS) punishes acts that endanger India’s sovereignty, unity, and integrity.[¹]
Stringent Punishment for Mob Lynching & Organized Crimes
A new section introduces life imprisonment or death penalty for mob lynching.[²] Terrorist acts now have clearer definitions with harsh penalties, including capital punishment.
Enhanced Focus on Technology & Cybercrimes
New provisions address AI-related crimes, cyber frauds, and digital evidence.[³] Electronic records are now legally admissible.
Introduction of Community Service as a Punishments
Minor offenses now allow community service instead of imprisonment, reducing the burden on prisons.[⁴]
Stronger Laws Against Sexual Crimes
Stricter penalties for sexual offenses, including online harassment and exploitation Marital rape (in aggravated cases) is now recognized, a significant step in gender justice.[⁵]
Changes in Definition of ‘Murder’ & ‘Culpable Homicide’
The distinction between murder and culpable homicide not amounting to murder is now clearer to prevent misuse in courts.
IMPACT ON CRIMINAL LAW
Removal of Colonial Laws
The abolition of sedition law aligns with constitutional rights like freedom of speech (Article 19(1)(a)). 0The legal system becomes more indigenous and contemporary.
Faster & Technology-Driven Investigations
Digital evidence is now admissible under Section 173 BNS, ensuring quicker case resolutions.AI and surveillance laws provide clarity on cybercrimes, fraud, and hacking cases.
Victim-Centric Approach
More protection for women and children in cases of sexual offenses and human trafficking. Compensation for victims is emphasized.
Preventing Misuse of Laws
Stronger safeguards against arbitrary arrests under national security laws. Specific provisions ensure police accountability in investigations.
CASE LAWS & JUDICIAL PRECEDENTS
Kadar Nath Singh v. State of Bihar (1962) AIR 955
This case upheld sedition laws but emphasized that criticism of the government is not sedition.[⁶] The removal of Section 124A IPC aligns with this judgment’s view on free speech.
Shreya Singhal v. Union of India (2015) 5 SCC 1
Section 66A of the IT Act was struck down for violating free speech.[⁷] The BNS provisions on cybercrimes ensure better regulation without curbing fundamental rights.
Laxmi v. Union of India (2015) 1 SCC 680
Led to stricter acid attack laws. The BNS retains and enhances penalties for acid attacks.[⁸]
Vishaka v. State of Rajasthan (1997) 6 SCC 241
Set guidelines on workplace harassment, now codified into stricter laws under BNS.[⁹]
CHALLENGES & CRITICISM
Ambiguous Provisions on Terrorism & National Security
Critics argue that the new anti-terrorism laws could be misused for political suppression.
Implementation Hurdles
The legal system lacks digital infrastructure to effectively enforce cybercrime laws.
Judicial Backlog
Faster trials require more judges, forensic labs, and police reforms, which remain a challenge.
CONCLUSION
The Bharatiya Nyaya Sanhita, 2023 marks a historic transformation in India’s criminal justice system. While it addresses modern challenges like cybercrime, national security, and organized crime, its success depends on proper enforcement, judicial efficiency, and safeguarding civil liberties.
FAQS
WHAT IS THE BHARATIYA NYAYA SANHITA, 2023?
It is the new criminal law replacing the Indian Penal Code (IPC), 1860, focusing on victim protection, faster trials, and technology-driven investigations.
WHAT HAPPENED TO THE SEDITION LAW?
The old Sedition Law (Section 124A IPC) is repealed. However, Section 150 BNS punishes acts harming India’s sovereignty.
HOW DOES BNS IMPACT CYBERCRIME LAWS?
It recognizes AI crimes, cyber frauds, and hacking, with electronic evidence admissible in court.
WHAT ARE THE NEW PUNISHMENTS FOR MOB LYNCHING?
BNS introduces life imprisonment or death penalty for mob lynching incidents.
DOES BNS RECOGNIZE MARITAL RAPE?
FOOTNOTES
[¹] Section 150, Bharatiya Nyaya Sanhita, 2023.
[²] Section 103, Bharatiya Nyaya Sanhita, 2023.
[³] Section 173, Bharatiya Nyaya Sanhita, 2023.
[⁴] Section 104, Bharatiya Nyaya Sanhita, 2023.
[⁵] Section 63, Bharatiya Nyaya Sanhita, 2023.
[⁶] Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955.
[⁷] Shreya Singhal v. Union of India, (2015) 5 SCC 1.
[⁸] Laxmi v. Union of India, (2015) 1 SCC 680.
[⁹] Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
