The Hindu Editorial Analysis- 5th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Revisit these sections of the Bharatiya Nyaya Sanhita 

Why in News?

The central government has notified July 1, 2024 as the day on which the recently enacted three criminal laws will come into effect. Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which provides for a maximum 10 years of imprisonment in the case of a fatal accident if the accused person escapes without reporting to the police or a magistrate, has been put on hold.

Central Idea

• The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, aims to bring about significant reforms by replacing the Indian Penal Code.
• This bill specifically targets issues related to terrorism, organized crime, and promotes gender neutrality.
• Additionally, it repeals outdated laws such as Section 377, marking a progressive step towards legal modernization.

Major Provisions in the BNS Bill

Promise to Marry (Clause 69)

• Targeting 'Love Jihad': Criminalizes deceitful promises to marry, potentially addressing the 'love jihad' narrative.
• Criminalization of Consensual Sexual Activity: Broadens the scope to include consensual sexual acts under certain deceitful circumstances.

• Codification of Offences: This involves the introduction of specific rules and regulations to address mob lynching and hate-crime murders.
• Punishment: The penalties for such crimes range from life imprisonment to the death penalty.

• Inclusion in Ordinary Law: Organized crime is now dealt with under regular criminal law for the first time.
• Punishment Criteria: The severity of punishment varies based on whether the crime leads to death, with different levels of punishment applied.

• Integration into Ordinary Law: The inclusion of terrorism definitions from strict laws and global statutes expands the reach of prosecuting terror financing.

• New Provision: The act of attempting suicide with the intent to coerce public officials is now a criminal offense, potentially impacting demonstrations and protests.

What was the need for new bills?

• Colonial Legacy:

  From 1860 to 2023, the country's criminal justice system operated based on laws established during British colonial rule. These laws, created centuries ago, may not accurately reflect current societal norms and values.

• Advances in Technology:

  Technological advancements have brought new aspects to crime, evidence, and investigation procedures.

• Simplification and Streamlining:

  Over time, laws have become overly complicated, causing confusion among legal professionals, law enforcement, and the public. Simplifying and streamlining these laws can improve transparency and comprehension.

• Evidence Collection and Presentation:

  The Indian Evidence Act predates modern forensic science and technology, necessitating updates to align with current practices.

• Reports Calling for Reforms:

  Various reports, including those from the Parliamentary Standing Committee on Home Affairs, have recommended a comprehensive review of the country's criminal justice system and highlighted the necessity for reforms in criminal laws.

Conclusion

• Reformative Approach: The BNS Bill signifies a major revamp of India's penal system, aiming to tackle present-day issues and societal transformations.
• Judicial Implications: While the bill brings in necessary changes, its implications on judicial discretion and the fairness of sentencing require thorough evaluation.