Broadly speaking: How IPC limitations fuel the Growth of BNS
INTRODUCTION:
The Indian Penal Code was enacted on 6 October 1860 and came into force on 1 January 1862. The Indian Penal Code (IPC) was enforced in India by the Indian Judicial System, which was responsible for: Investing crimes and punishing the guilty party in accordance with the law and maintaining peace and ensuring the citizens justice.
But now the official criminal code of India (IPC) was repealed and replaced with the Bharatiya Nyaya Sanhita (BNS). Bharatiya Nyaya Sanhita got assent by the President of India on 25 December 2023 and came into force on 1 July 2024. BNS has the citation as Act No.45 of 2023.
INDIAN PENAL CODE (IPC):
The Indian Penal Code was established during the British rule 1860 on the recommendations of the first Law Commission of India, established in 1834 under Charter Act of 1833. The draft of IPC was made ready by Thomas Babington Macaulay and was submitted to Governor-General of India Council. Thomas Macaulay was also known as the Father of IPC. IPC was a comprehensive code that covered all aspects of criminal law.
Objectives of IPC:
The IPC, 1860 is a general penal code, provides for the punishment for various offences. The Act provides for the exceptions as well. The Act provides for the punishment for the offence committed beyond India, but by an Indian. It has Territorial extent, Extra Territorial Extent, Extension of Code to extra-territorial offences.
The purpose of the Indian Penal Code (IPC) is to provide basic formulation of laws and punishments for all criminal acts in India:
*Distinguish between moral and immoral actions: The moral codes of the country are contained in the IPC.
*Provide for offences and the penalties attached to them: The IPC provides for criminal offences and the fines or terms of imprisonment which shall be imposed for each.
*Enable application of the same legal principles: Consistency of application and understanding of criminal law within the framework of the Indian Penal Code in all the states of India is encouraged by the IPC.
LIMITATIONS OR DEFECTS OR DRAWBACKS OF INDIAN PENAL CODE:-
- Outdated provisions of IPC
- Political Biases
- Uneven Punishments
- Lack of reformative theory
- Lack of recognition of certain crimes
- Unable to meet the demands of the modern world reform
- Failed to serve the people in modern times
- Based on the Colonial attitude of British to Rule India
- White Collar Crimes were not given due importance in IPC
- To many amendments in old IPC
- Based on Deterrent theory of punishment
- Gender biased : Rape (375 IPC does not include men)
- Misuse of Sedition Provision
- Obscene word is not defined in IPC and therefore misused by the Police
- To lengthy and to many sub-sections.
Suggestions for improving IPC:
* Ensuring the law is in accordance with democratic values and human rights
* Creating a separate chapter on sexual offenses
* Classifying chapters based on liability
* Adding chapters on cyber laws and economic offenses
* Shifting from a deterrent to a reformative theory
* To Standardize Punishments
* Gender neutral
Bharatiya Nyaya Sanhita (BNS):
Bharatiya Nyaya Sanhita replaces the Indian Penal Code in the new Indian legal system. BNS 2023 aspires to resolve current challenges more comprehensively. Bharatiya Nyaya Sanhita got assent by the President of India on 25 December 2023 and came into force on 1 July 2024. BNS has the citation as Act No.45 of 2023. BNS include total 358 sections, 20 Chapters.
Objectives of Bharatiya Nyaya Sanhita (BNS):
The BNS has several objectives, some of which are mentioned below:
- Upgrading the legal regime
- The BNS replaces the Indian Penal Code (IPC) and what is perceived as its out-of-date provisions and limitations. It achieves this, inter alia, by setting modern legal benchmarks and dealing with emerging crimes like the internet communication crime and the science of racketeering.
- Rights of Individuals
- The BNS is more focused towards maintaining justice and ensuring human dignity rather than punishing the offender. For instance, it provides for punishment of those public officials who indulge in acts of tortures.
- Simplifying the legal system
- The BNS seeks to achieve a better organized and more effective legal system by combining various statutes and eliminating repetition of laws.
- Encouraging other forms of punishment
- In regard to rehabilitation, the BNS accepts the idea of alternative forms of sentencing, especially community services.
- Enhancing the trial process
- The BNS intends to enhance the trial process so that it is swift, just and open through the use of modern processes and evidence rules as well as better case management.
- Responding to mob lynching
- The BNS proposes a clear cut policy on punishment of murder committed in the course of mob action.
Changes in BNS, 2023:
With respect to the BNS, there are 20 previously existing provisions of the law which have been re-enacted and 19 provisions formerly existing in the repealed IPC which have been removed. Imprisonment has been extended for 33 crimes, and penalties have been amended upwards for 83 crimes. For 23 crimes, a minimum punishment which will apply has been made compulsory. A community service sentence has been made available for 6 crimes.
- Bodily offences: In the BNS provisions relating to murder, instigation to commit suicide, assault and causing grievous bodily injury have been retained from the IPC. There are additions however with offences like organized crime, terrorists acts, murder or grievous bodily harm committed by an organized group based on some grounds et al.
- Crimes of sexual Violence against Women: Most of the relevant sections of the IPC dealing with rape, voyeurism and stalking or insult against the modesty of a woman have been kept in the BNS. It increased the age of the victim when a gang – rape is considered from 16 -18 where the victim is an adult.
- Crimes against Property: The provisions of the IPC that deal with theft, robbery, burglary, and cheating are kept in the BNS. Offences such as cyber crime and financial fraud have however been included.
- Crimes against the State: In the BNS, there is a proposal for abolishing the offence of sedition. Rather, there is a new provision creating an offence of any act making a threat to the sovereignty, unity and the integrity of the country.
- Crimes against the society: In the BNS, new offences such as pollution and trafficking of persons are also included.
Conclusion:
The criminal law structure pertaining to India is governed by the Bharatiya Nyaya Sanhita (BNS), 2023 which is quite different from the Indian Penal Code (IPC) legislate since 1860. The BNS 2023, on the other hand, seeks to fully replace the IPC by introducing a more modern and detailed structure of a penal code. The Bharatiya Nyaya Sanhita 2023, is the most comprehensive reform of the criminal justice system in India designed with the aim of BNS modernizing and improving the Indian Penal Code of 1860. It differentiates them by providing new definitions, new contours of sentencing, new procedure, new rights of accused, and new rights of victims. The BNS which replaces the IPC, will also presuppose a lot of changes in the management of criminal cases and will need the control and adjustment of the legal field.