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Polity & Governance
Mahesh

12/08/23 07:29 AM IST

Bhartiya Nyaya Sanhita Bill 2023

In News
  • Union Home Minister and Minister of Cooperation, Shri Amit Shah introduced the Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and Bharatiya Sakhshya Bill, 2023 in the Lok Sabha.
Significance
  • All these three bills have basic laws for the criminal justice system.
  •  Three new laws will abolish the Indian Penal Code, 1860, Criminal Procedure Code, (1898), 1973 and the Indian Evidence Act, 1872 made by the British and passed by the British Parliament.
  • The Indian Penal Code, 1860 will be replaced by the Bharatiya Nyaya Sanhita Bill, 2023, the Criminal Procedure Code, 1898 will be replaced by the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Indian Evidence Act, 1872 will be replaced by the Bharatiya Sakshya Bill, 2023.
  • These three Acts which will be replaced, were made to strengthen and protect the British rule and their purpose was to punish, not to give justice.
  • The soul of these three new laws will be to protect all the rights given by the Constitution to the Indian citizens.
  • The objective will not be to punish anyone but give justice and in this process punishment will be given where it is required to create a sense of prevention of crime.
  • Bharatiya Nagarik Suraksha Sanhita Bill, which will replace CrPC, will now have 533 sections, 160 sections have been changed, 9 new sections have been added and 9 sections have been repealed.
  • The Bharatiya Nyaya Sanhita Bill, which will replace the IPC, will have 356 sections instead of the earlier 511 sections, 175 sections have been amended, 8 new sections have been added and 22 sections have been repealed.
  • The Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167, 23 sections have been changed, 1 new section has been added and 5 repealed.
Provisions
  • The operation of Section 124A— a non-bailable offence punishable with jail term ranging up to life, and one that activists and jurists have alleged is often misused to muzzle dissent.
  • A key change in the proposed draft Section 150 of the BNS bill is the removal of a provision, which allowed a person convicted of sedition to get away only with a fine: Section 150 of the bill prescribes imprisonment for life or with imprisonment which may extend to seven years, in addition to fine, as punishment.
  • Section 150 reads as: “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 means, 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.”
  • A comparative evaluation between the old and the new shows that Section 150 has included “electronic communication” and “use of financial means” as tools of perpetuating an act “endangering sovereignty unity and integrity of India”.
  • The new provision also lays down that the category of offence under Section 150 will not be against “the Government established by law in India,” as was mentioned under Section 124A of IPC.
Source- PIB

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