BNS,2023 vs IPC,1860
By Himanshu Kumar
Introduction
BNS,2023 vs IPC,1860 which one is better for the modern age society which is getting better day by day and which one will strengthen Indian legal System .
The former one is known as Bharatiya Nyaya Sanhita,2023 and later one is pronounced as Indian Penal Code ,1860. The IPC has been the cornerstone of the criminal law in India for over 160 years drafted by Lord Macaulay during colonial era.
The IPC was formed to suit the colonial government interest, but it has remained remarkably resilient to time, shaping the nation’s criminal justice system post-independence. However, the rapid evolution of society , technology, and crime itself has led to growing demands for a more contemporary criminal laws due to which a new bill came into picture previous year know as Bharatiya Nyaya Sanhita(Second) Bill,2023.
Key Features of BNS,2023 vs IPC,1860
The BNS,2023 has been drafted to simplify legal language, making it more accessible to common man. Unlike the IPC,1860 which was complex and technical. The Sanhita,2023 is structured in such a way that is easier to interpret and apply.
| Features | BNS,2023 | IPC,1860 |
| 1.Structure and language | Focuses on simplifying legal language and aligning it with Indian jurisprudence | Relies on Victorian-era English, often making interpretation difficult. |
| 2. Sedition Law (Section 124 A) | The Sedition law has been scrapped in the BNS,2023. Instead it introduces provisions to deal with actions that threaten the sovereignty, integrity and security of India in a more better manner. | Section 124A criminalizes any speech or action that incites hatred, contempt or disaffection towards the government. |
| 3. Cyber crimes and Technological Advancements | The Sanhita introduces new sections and amendments to cover cybercrimes, including online fraud, identity theft and hacking. | lacked comprehensive related to cyber crimes. |
| 4. Marital Rape | The BNS does not fully criminalize marital rape , there are indications that the government is moving towards re-examining this provision. Future amendments are expected in this area. | U/s 375, the IPC exempts marital rape from being considered as criminal offense, provided the wife is not under the age of 18 years. |
| 5. Death Penalty and Life Imprisonment | While retaining the death penalty for certain grave offences , the BNS places greater emphasis on life imprisonment without remission for particularly egregious crimes, signaling towards reformation and deterrence rather than retribution | Capital punishment is prescribed for heinous crime, including murder u/s 302. |
| 6. Protection of Women and Children | Includes stringent provisions to tackle crimes against women and children including stronger measures against sexual harassment , stalking and trafficking. | Sections like 354(assault or criminal force on a women with intent to outrage her modesty) were often criticized for being insufficient. |
Impact of New law on Key Case Laws
Several landmark judgments are:
1.Kedar Nath Singh vs State of Bihar (1962)
Issue: Constitutionality of Section 124A(sedition)
Ruling: The Hon’ble Supreme Court upheld the validity of Section-124A but limited its application to acts that involve incitement to violence or create public disorder.
Impact: The misuse of sedition law under IPC, as seen in cases post-independence, led to calls for its repeal which has been addressed in the BNS by scrapping the sedition altogether.
2.Vishaka vs State of Rajasthan (1997)
Issue: Sexual harassment at workplace.
Ruling: The Hon’ble Supreme Court laid down guidelines for preventing sexual harassment at the workplace known as the Vishaka Guidelines.
Impact: The IPC did not have provisions addressing workplace harassment. The BNS,2023 incorporates stringent provisions to protect women in workplace, reflecting the jurisprudence laid down by this case.
3.Navtej Singh Johar vs Union of India(2018)
Issue: Decriminalization of Section 377 of the IPC.
Ruling: The Hon’ble Supreme Court decriminalized consensual homosexual acts, recognizing them as part of the Fundamental right to privacy.
Impact: The BNS,2023 reflects a more inclusive approach to criminal law and human rights by repealing outdated provisions related to consensual sexual relations between adults.
Conclusion
The Bharatiya Nyaya Sanhita,2023 represents a progressive step forward in India’s criminal justice system. While the IPC,1860 served its purpose for over a century. The System requires a new law to address the complexities of modern-day crimes, social justice issues and the evolving understanding of human rights.
The Sanhita acknowledges the changing nature of society and the role that law must play in protecting citizens, upholding justice and ensuring that India’s legal systems remains robust and forward-looking.
As India continues to grow and change, so too will its criminal laws. The Bharatiya Nyaya Sanhita,2023 is a important moment in this journey signifying the beginning of a new era in Indian criminal jurisprudence.
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