With the implementation of the Bharatiya Nyaya Sanhita (BNS) on July 1, one of the bravest legislative attempts made by any government in Bharat has come into force. It replaces the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC), which were drafted during the British colonial period. The IPC and the CrPC were among the least amended laws in India since their inception in the 19th century. In contrast, the Constitution, which came into force in 1950, has been amended over 100 times. It is ironic that those parties and their leaders who swear by the pocket-size Constitution today never made any efforts to decolonise our legal and justice system.
On India’s 76th Independence Day, Prime Minister Narendra Modi flagged the issue of freedom from the colonial mindset and the laws reeking of colonialism in Amrit Kaal. The new Bharat, on the fast track to becoming a developed country, undoubtedly required a revamp of British-era colonial laws and reform and transformation of our criminal justice jurisprudence. It is reassuring that in Modi 3.0, the structural and fundamental reforms continue, as does the march of a civilisation-state towards decolonisation.
The three new enactments, endowed with a Bharatiyata and in consonance with the spirit of the Constitution, bring a landmark change to our criminal justice system. Nyaya, Bharatiyata, and the well-being of the citizens will be at the core of these new enactments. It was imperative to review the existing criminal laws with the aim of strengthening law and order and focusing on simplifying legal procedures so that ease of living and ease of justice is ensured for 140 crore citizens.
The new enactments are not only in tune with contemporary times but also futuristic, aimed at providing speedy justice to the common man. Accordingly, the contemporary needs and aspirations of the people have been given due consideration to create a legal structure that is citizen-centric and secures the life and liberty of citizens. The three new laws are victim-centric while making police accountable.
The purpose of the Indian Penal Code, enacted in 1860, was not to ensure justice but to give punishment. Now, the Bharatiya Nyaya Sanhita, 2023 replaces the IPC, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the CrPC, and the Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act, 1872. These laws have been implemented across the country. There will be one criminal codification from Kashmir to Kanyakumari in the spirit of one country and one law. All three new laws have been brought based on the basic principles of justice, equality, and fairness.
The Home Ministry started intensive discussions in 2019 to bring changes to these three old laws. A total of 3,200 suggestions were received regarding these laws, and Home Minister Amit Shah held 158 meetings to meticulously consider all suggestions and amendments.
The BNS consolidates certain provisions of the IPC, making it more concise and introduces 356 sections as compared to 511 sections. Taking a leap forward, the Modi government has defined terrorism in the principal criminal law statute, and it shows a zero-tolerance policy. Organised crime has also been defined in these laws for the first time, which includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate. In accordance with the new challenges, the term “economic offences” has been introduced for the first time as part of the offence of organised crime, including offences such as money laundering, hawala transactions, and traditional financial forgeries.
A new chapter in the Bharatiya Nyaya Sanhita is dedicated to the protection of women and children. It includes provisions for life imprisonment and the death penalty for the rape of a woman under 18 years of age. In cases of gang rape, there is a provision for imprisonment of 20 years or imprisonment until death. It also criminalises sexual intercourse with a woman by deceitful means or making false promises. Additionally, the BNS categorises murder or grievous hurt by five or more people on specified grounds as an offence. These grounds include race, caste, sex, language, or personal belief. The punishment for such murder is life imprisonment or death.
With the implementation of the three laws, Bharat has shown the way to the world. Let us unpack this bold statement further. With an ancient conception of nyaya, a modern blend of justice, and an advanced design to tackle new challenges, the new legal reforms have captured the amalgamation of civilisational wisdom and modernity. We have consolidation and streamlining, modernised language and definitions, expanded jurisdiction, revised and new categories of offences, gender-neutral provisions, and rethinking of retributive principles of our legal system.
Going beyond the earlier prescribed punishments of death, imprisonment of life, imprisonment, forfeiture of property, and fine, the introduction of Section 4(f) of the BNS marks a significant change by adding a sixth form of punishment: community service.
Historically, the IPC emphasised ‘punitive’ measures rooted in the retributive principle—punishing the offender and compensating the victim. With the BNS and other measures now in place, we can swiftly proceed towards ‘humanising’ punishments and focusing on rehabilitation rather than mere retribution. But this certainly does not mean that our new legal system will allow offenders to go scot-free. Under the BNS, the fine amount has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty for community service has been introduced in six crimes, and 19 sections have been repealed or removed from the Act.
The new laws envision the implementation of a modern justice system in Bharat, bringing in provisions such as zero FIR, online registration of police complaints, summons through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes. What we are witnessing is a complete overhaul of the colonial, a revival of the ancient, and a leap into the modern! This is what “New India” looks like in the Amrit Kaal with ‘Modi ki Guarantee’ in the backdrop.
The author is MPA, Columbia University, New York and former OSD to Chief Minister at Government of Chhattisgarh. He tweets @ujjwaldeepak. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18’s views.
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