The Bharatiya Nyaya Sanhita (BNS) was introduced to replace the outdated Indian Penal Code (IPC). The IPC dates back to the British period and ruled India and its people since 1860. IPC was a beneficial rulebook for the Britishers, and never the Indians; therefore, its replacement was not only necessary but an empowering move and step toward moving away from the ancient grasp put on us by strangers of a foreign land.
The BNS act pdf comprises innumerable laws that align with the current time, people’s needs, technological advancements, and societal realities. 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 Indian Penal Code, without consideration for practical application. Unfortunately, this happened right after Justice D.Y. Chandrachud praised the BNS for the law. The court urged the Union Government to re-examine the Bharatiya Nyaya Sanhita.
Read the article to learn more about the Bharatiya Nyaya Sanhita and Section 498A of IPC, ranging from a brief on both the things in question, their differences, real-life cases, and impact.
Overview
The table below summarises some key details about the BNS act bare act that one should know.
| Name of the rulebook in question | BNS |
|---|
| BNS Act full form | Bharatiya Nyaya Sanhita. |
| Replaced what? | Indian Penal Code (IPC), 1860 |
| Objective | The aim of replacing the IPC was to decolonise the criminal laws of the British period |
| Sections in question | Sections 85 and 86 of BNS’s similarity to Section 498A of the IPC |
| Introduced in | BNS 2023 pdf |
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What Is Bharatiya Nyaya Sanhita, 2023?
The Bhartiya Nyaya Sanhita was one of three criminal bills brought forward to reform India's outdated criminal justice system. BNS aims to modernise outdated laws and simplify the rules. Additionally, BNS focuses on the rights of victims, adopting a more victim-centric approach.
Comparison Between BNS And IPC
The Bharatiya Nyaya Sanhita bill 2023 pdf maintained many laws as the same; however 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.
| Component | Bhartiya Nyaya Sanhita | Indian Penal Code |
|---|
| Enacted in | 2023 | 1860 |
| Nature | Modern law framework | Colonial-era laws |
| Framing of laws | Simple and easy to understand | Complex |
| Approach to working | Centred around victims and reformative measures for criminals | Centred around offenders and punitive measures only |
| Crimes against women | Strictly punished | Quite lenient in comparison |
| Present status | Operating now. | Abolished |
What Is Section 498A?
The section in question. i.e., Section 498A of the Indian Penal Code clearly says the following:
“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.”
This section is related to the cruelty done by a husband or his family towards a married woman. 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. The section was added in the year 1983 for the protection of married women from various forms of cruelty, like domestic abuse, dowry deaths, and other physical and mental forms of torture.
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Key Highlights Of Bhartiya Nyaya Sanhita
The Bhartiya Nyaya Sanhita has several major points that one should be aware of. The major highlights of the BNS Bare Act are laid down below in brief points for one's reference:
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For the first time, the BNS adds community service as a form of punishment. This represents the necessary change from only punitive measures to reformative measures, so that offenders can work on changing some parts of their personalities and mindsets and change for their and others' good.
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Sedition is an act of encouraging others to go against the government through verbal acts. One of the major changes and highlights in the new rulebook is that sedition is no longer considered an offence; on the contrary, it is a right, a freedom that every human being has.
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The Bhartiya Nyaya Sanhita clearly had added and defined terrorism as an offence. A nation’s security is extremely important for the protection of its citizens, and whoever breaches that must be held in contempt and punished accordingly. With this redefinition, the government aims to strengthen India’s security and ultimately, the security of its people.
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Organised crimes, such as human trafficking, kidnapping, and cybercrime, have been added as offences under the new rulebook. This has been done due to growing trends and patterns in this particular type of criminal activity.
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One of the provisions in the Bhartiya Nyaya Sanhita is concerning murders committed by five or more people based on caste, language, or personal belief. These crimes will be considered serious offences with a penalty of seven years of imprisonment to life imprisonment or even the death penalty.
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The new Bharatiya Nyaya Sanhita is focused and centred around the victims and not the offenders, like the IPC was. This has been changed to make the judicial system of the country quicker and more efficient when it comes to the delivery of justice. However, offenders are not overlooked as transformative measures are introduced for their complete reform, in contrast to simple punitive measures.
Misuse Of Section 498 A: 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 Bhartiya Nyaya Sanhita 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 effectuated; however, the BNS will bring about a change for the better. Community service as punishment will reflect reforms in the punitive system.
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Conclusion
The Bhartiya Nyaya Sanhita is a significant step that has replaced colonial and archaic laws in the form of the Indian Penal Code. While many of the laws have been kept as they are, several positive changes and transformative changes have been brought in the new act concerning various things, such as community service, strict punishments for some crimes, removal of age-old rigid laws, and many others. The changes aim not only to operate as per current ti,e and people’s needs but also to make the laws as humane as possible.
Even with all the positive aspects, the BNS continues to be in controversy and revision because of some sections that seem similar to the section in IPC, which is an extremely valid reason for it to remain in controversy and revision. It is the responsibility of our judicial system to work on these issues and redefine some sections in the BNS to make it succeed as a transformative Indian lawbook.
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