Source: Indian Express

Introduction

Bhartiya Nyaya Sanhita Bill, 2023 (BNS) is one of the three criminal law bills introduced by the Union Government to replace the era-old Indian Penal Code, 1860 (IPC). BNS was passed in Lok Sabha on 20^th December 2023 and in Rajya Sabha on 21st December 2023. Apart from amendments it aims to add several offences in the ordinary law which were either part of any statute or was an offspring of precedents declared by the Supreme Court of India.

What are the Major Changes Introduced in the Bhartiya Nyaya Sanhita Bill, 2023?

• Mob Lynching:
  • Clause 103 of BNS provides punishment for murder.
  • Sub-clause (2) of Section 103 states that when a group of five or more persons acting in concert commits murder on the grounds of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.
  • SC in Tehseen S Poonawalla v. Union of India & Ors (2018) asked the government to bring law on mob lynching.
    • The Court observed that “There can be no shadow of doubt that the authorities which are conferred with the responsibility to maintain law and order in the States have the principal obligation to see that vigilantism, be it cow vigilantism or any other vigilantism of any perception, does not take place”.
• Promise to Marry:
  • Clause 69 of BNS provides punishment for Sexual intercourse by employing deceitful means, etc.
  • It states that whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
  • Explanation—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.
• Organized Crime:
  • Organized crime in India includes variety of illegal activities that are planned, coordinated, and conducted by criminal organizations.
  • Till now, organized crimes were dealt under several state legislations and other acts of parliament including the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), Prevention of Money Laundering Act, 2002 (PMLA) and Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).
  • Clause 111 of BNS punishes Organized Crime
    • Acts of unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, and human trafficking racket for prostitution or ransom shall constitute organized crime.
    • It must be done by the effort of groups of individuals acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate.
    • It must be done by use of violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit.
  • Clause 112 punishes Petty organized crime or organized crime in general
    • Petty organized crime includes crime that causes general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle, domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal property), organized pickpocketing, snatching, theft through shoplifting or card skimming and Automated Teller Machine thefts or procuring money in unlawful manner in public transport system or illegal selling of tickets and selling of public examination question papers and such other common forms of organized crime.
    • It must be committed by organized criminal groups or gangs.
    • And it shall include the said crimes when committed by mobile organized crime groups or gangs that create network of contacts, anchor points, and logistical support among themselves to carry out number of offences in region over a period before moving on.
    • Whoever commits or attempts to commit any petty organised crime, under this shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
• Terrorism
  • Clause 113 of BNS punishes terrorism by any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
  • Terrorist act is currently dealt with under the Unlawful Activities Prevention Act, 1967 (UAPA).
• Attempt to Suicide:
  • Clause 226 of BNS covers punishment for attempt to commit suicide to compel or restrain exercise of lawful power.
  • It states that whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.
• Fake News:
  • Clause 197 punishes acts including imputations, assertions prejudicial to national integration which covers false news.
  • Clause 197 (1) (d) states that whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise, makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
• Sedition:
  • Clause 152 of BNS has introduced Sedition in a new form as subversive activities.
  • Clause 152 states that whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.
  • Explanation– Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.

Way Forward

• As BNS has deleted several acts such as unnatural sexual offences, adultery, thugs, gender-biased provisions, etc., which were a part of IPC, this act will have a positive impact on Indian society.
• The bill requires Presidential assent to reform the era old criminal code of India known as IPC.