The Bharatiya Nyaya Sanhita (BNS) was introduced to replace the outdated Indian Penal Code (IPC). The IPC dates back to the British period. The aim of replacing the IPC was to decolonise the criminal laws of the British period.
However, the BNS was criticised for its significant similarity with Section 498A of the IPC, without consideration for practical application. The court urged the Union Government to re-examine the BNS. This happened right after Justice D.Y. Chandrachud praised the BNS for the law.
In this article, you will get detailed information about the BNS Act, 2023, the BNS full form, Section 498A, its core use and misuse, controversies, impact on India and much more.
Overview
The table below summarises some key details about the BNS Act, 2023, that one should know.
| BNS Full form | Bharatiya Nyaya Sanhita |
|---|
| BNS 2023 Introduction | Replaces IPC to modernise criminal laws but retains many provisions. |
| Key Changes in BNS | Removes sedition, adds terrorism laws, and introduces community service as punishment. |
| Section 498A | Penalises cruelty against wives but has been misused in false cases. |
| Controversy | Sections 85 & 86 of BNS retain 498A without addressing misuse concerns. |
| Impact | Expected to reform punishments and law enforcement in India. |
What Is Bharatiya Nyaya Sanhita (BNS)?
The Bhartiya Nyaya Sanhita was one of three criminal bills brought forward to reform India's outdated criminal justice system. BNS 2023 aims to modernise outdated laws and simplify the rules. Additionally, BNS focuses on the rights of the victims, making it a more victim-centric approach.
Comparison Between BNS And IPC
The Bhartiya Nyaya Sanhita maintained many laws as the same; however, the BNS section introduced various notable changes in the penal laws of India, such as the removal of the offence of sedition, strengthening of sexual harassment laws, etc.
Read More: Must Know Changes Brought In By BNS In 2024, Law Replacing IPC
What Is Section 498A?
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine.”
If a husband or a relative of the husband abuses the wife, causing visible injuries and pain, then such acts of physical cruelty are punishable under Section 498A.
Key Highlights Of Bhartiya Nyaya Sanhita
The key highlights of the Bhartiya Nyaya Sanhita and BNS sections are laid out below in detailed points:
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The BNS adds community service as a form of punishment.
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Sedition is no longer considered an offence.
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The addition of terrorism as an offence.
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Organised crimes such as kidnapping and cybercrime have been added as offences.
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The murder of people by five or more people based on caste, language, or personal belief has been considered an offence with a penalty of seven years to life imprisonment or death.
Misuse Of Section 498A: A Case Study
A woman misused Section 498A and filed a case against her husband, his parents, and his siblings. However, the court concluded that the allegations were vague and did not have any proof of any criminal behaviour.
Justice J. B. Pardiwala and Manoj Mishra said, “Police machinery cannot be utilised to hold a husband to ransom so that he could be squeezed by the wife at the instigation of her parents, relatives, or friends.”
Justice Pardiwala also said that police machinery should be a last-resort measure for only genuine cases of cruelty and harassment. The police decided to drop the charges, citing misuse of Section 498A.
Core Issue With Sections 85 And 86 Of The BNS
The major issue in the BNS Act PDF is that instead of modifying and revamping Section 498A in the BNS, it is reproduced in the same language and with the same provisions in the form of Sections 85 and 86. This way, the issue surrounding the misuse of Section 498A has not been solved.
Impact Of BNS On Indian Society
The BNS in the form of new penal laws is expected to change the outlook of punishment and various other laws as well. The impact can only be evaluated after it has been effected; however, the BNS will bring about a change for the better. Community service as punishment will reflect reforms in the punitive system.
Conclusion
The Bhartiya Nyaya Sanhita has replaced colonial and archaic laws in the form of the Indian Penal Code. While mostly the laws have been kept as it is, some positive changes have been brought in the new Act.
Stay tuned to read Jaagruk Bharat's article on BNS in Hindi to have a firm understanding of
BNS Act 2023 PDF Hindi.
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