By
Aishwarya Raj
India is currently witnessing significant changes in its criminal justice system with the introduction of three revolutionary laws: the Indian Justice Act (BNS), the Indian Public Safety Act (BNS), and the Indian Justice (II) Act (BNS). These legislative efforts mark a radical departure, aimed at modernizing the legal system and bringing it into line with modern social norms and constitutional principles
Bharatiya Nyaya Sanhita (BNS)
The BNS introduces substantial changes, particularly in the domains of mental health and terrorism definitions. Replacing ‘unsound mind’ with ‘mental illness’ raises questions about criminal responsibility, especially for individuals with mental disabilities or substance influence.
The expanded definition of terrorism covers a comprehensive spectrum of offenses, from minor disturbances to severe acts against the state. Moreover, the bill maintains the age of criminal responsibility at seven years, a threshold notably lower than international standards.
Bharatiya Nagarik Suraksha Sanhita (BNSS)
The BNSS sets new standards for legal procedures, establishing specific timelines for the submission of medical reports in rape cases and the framing of charges in courts. It enhances police powers and modifies procedures for police custody, potentially impacting the bail process significantly.
Although the use of handcuffs is specified under certain conditions, concerns arise about potential infringements on personal liberties. Additionally, the bill restricts the scope of mandatory bail and plea bargaining, potentially influencing efforts to alleviate prison congestion.
Bharatiya Nyaya (Second) Sanhita (BNS)
The BNS focuses on addressing organized crime and terrorism, bridging gaps in the existing legal framework while risking duplication with state laws. While retaining provisions related to rape from the IPC, it falls short of incorporating key recommendations for reforming offenses against women.
The bill revises the concept of sedition, replacing it with new provisions penalizing activities threatening India’s sovereignty and integrity while retaining certain aspects of the traditional sedition law.
Challenges and Ramifications
These legislative amendments signify a momentous shift in India’s approach to criminal justice, aiming to mirror current societal values and technological advancements. However, challenges arise in terms of precise definitions, balancing enhanced police powers with human rights, and avoiding conflicts with existing laws.
The expansive definitions in areas like terrorism and mental illness, coupled with potential overlaps with special laws, necessitate careful consideration to ensure legal clarity and effective implementation.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Nyaya (Second) Sanhita collectively embody India’s ambitious stride toward a more contemporary and relevant criminal justice system, albeit requiring meticulous navigation of the complexities they introduce.
The recent approval by the Lok Sabha, despite the absence of 97 opposition MPs under suspension, reinforces the government’s commitment to this legislative transformation. The bills aim to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, representing a significant legislative leap forward.
Initially introduced as Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill in 2023, the bills underwent scrutiny by the Parliamentary Standing Committee on Home Affairs before the Central government’s decision to withdraw and subsequently reintroduce them.
The amended Bharatiya Nyaya (Second) Sanhita now comprises 358 sections, addressing organized crime, terrorism, and group-based offenses, showcasing a robust effort to adapt to evolving societal and legal challenges.
