Author(s): Vinayak Gaur
Paper Details: Volume 3, Issue 4
Citation: IJLSSS 3(4) 28
Page No: 308 – 336
INTRODUCTION
The Bhartiya Nyaya Sanhita, 2023 was passed by the Indian legislation in 2023 and, therefore, replaces the Indian Penal Code, 1860 (45 of 1860) [1]similarly Bhartiya Nyaya Sanhita 2023 [2]too replaces the Indian Penal Code (IPC), 1860. Apart from crimes such as Murder, state brutality, and crimes against women and children, which were there in the former regime, new organised crimes were also added. The new laws introduced impose harsher penalties for heinous crimes. Additionally, new crimes against the government, the unity and integrity of India, armed revolt, secession, and criminality have also been introduced. The penalties and punishments associated with certain infractions have also been appropriately increased. In order to improve peace and order and make it easier for people to live comfortable lives, and smooth functioning of the country, the Indian government decided it was necessary to pass new legislations in 2023.
In this report we will be delving into articles, government documents as well as opinion of the stake holders for the same and the impact it has on the society in general.
RATIONALE
The main reason behind repealing the Indian Penal Code was to remove the British-era traces from the main Criminal Law of the country. For example, Colonial Remnants like the British Calendar, Queen, British India, and Justice Of Peace are was still there in use in contemporary times. Crimes like cybercrime which are relatively a new concept were absent from the older regime, and it mainly dealt with crimes such as rape murder theft and other traditional crimes. One of the most popular arguments in against which the Indian Penal Code had to face was complex legal language, thereby posing time and interpretation problems for all the readers, on the contrary, Bhartiya Nyay Sanhita aims to simplify complex problems, making it smooth for the law personnel as well as the common man to garner knowledge about the legal framework. The Indian Penal Code was also criticised for being inefficient and slow, thereby reducing the facilitation of trials and creating huge backlogs. In some aspects, the Nation ‘s security was also put at stake like in cases of terrorism and organised crime in the Indian Penal Code’s broad coverage, whereas in Bhartiya Nyay Sanhita, there are Sections 111 and 113 to tackle organised crime and terrorist acts covering both abetment and conspiracy of organised crimes. From a global perspective, the Indian Penal Code found it difficult to match its standards with international laws and practices. Conversely, Bhartiya Nyay Sanhita has provisions complying with international practices and frameworks. And the most important aspect of this new law was that it seeks to reflect contemporary Indian values, norms, and ethics, moving away from outdated colonial ideas that may no longer be relevant.
STATEMENT OF PROBLEM
The law(IPC) must adapt to the changing requirements of society in order to reflect the nature of criminality and individuals. The Indian Penal Code was ahead of its time when it was passed in 1860 and has been in effect in India for 150 years, but it has not kept up with the advancement of society. Somewhere in recent times, the law that the British devised to fulfil their demands and objectives has fallen short of helping people. It is predicated on the British colonial mindset that governed India. Therefore, in order to give the people more authority over their rulers, the IPC needs to be revised. The IPC has to be restructured because many of its provisions are no longer relevant due to advancements in technology and economic development. The IPC does not adequately recognise crimes like financial crimes, white-collar crimes, and mob lynchings. Serious bodily injury is likewise punished differently. For instance, stealing a chain can potentially be fatal, but the IPC does not recognise this and does not impose corresponding punishments. The books state that the police are looking for theft or robbery. Consequently, in order to standardise the penalties, the IPC must be revised. The IPC has not entirely changed since the day of adoption, despite numerous modifications made to assure that it does. Despite this, the IPC’s provisions have undergone certain modifications as a result of a court ruling. Take the decriminalisation of homosexuality and adultery, for instance. The deterrence theory that was then widely accepted served as the foundation for the Indian Penal Code, but punishment reform theory should eventually replace deterrence or distribution theory in criminal law. Among the necessary adjustments are-
- In 1898, the British government introduced Sedition under Section 124A of the Indian Penal Code in an attempt to quell revolt and stifle freedom movements. But as of late, many who are critical of the government have made frequent use of this portion. In the current environment, it is evident that the government’s arrest of someone for sedition—even when that person only expresses criticism of the government—violates the fundamental right to freedom of speech and expression guaranteed by Article 19.
- Reduction of the number of sections as there are 511 sections in the IPC, making it time-consuming for the advocates and judiciary to find the right subsection and take action in order to provide relief to both parties.
- Greater emphasis on the punishment rather than on rehabilitation- The IPC has a pro active approach towards the imprisonment, often overlooking the rehabilitation part of the punishment.
- Overlooked certain crimes like terrorism and cyber crime which have a significant stake in todays criminal record.
OBJECTIVES OF THE PROJECT
The objective of this project is to simplify the changes introduced in the new act and make it easier for the students, readers, Professors and all those individuals who are sparing their precious time to read this and garner knowledge about the new laws. This would enhance our understanding of the key reforms and help evaluate the efficiency of the new act in addressing the social issues of today’s contemporary world. The various objectives include the need for reform, a new approach towards dealing with new crimes, and addressing the issue of gender discrimination with the inclusion of new gender and sexual orientations of individuals with different psychologies. This project also helps individuals point their eyes on new laws and amendments covering issues that had not been covered under the previous act. This is done so as to provide a ready-made material for all the individuals who want to delve into this subject matter or want to enhance their understanding.
RESEARCH METHODOLOGY
The following aspects were used for the research methodology of the project-
RESEARCH STUDY
This project will be analytical and descriptive, focusing on the similarities, differences and key changes in the new act. A significant amount of time would be given on analysing precedents, legal documents/ theories, and government documents.
SOURCES OF DATA USED
Primary Data- It is that type of data which is collected for the first time through personal evidence mainly for the research. In this project, primary sources of Legal Texts included-
(i). Bhartiya Nyay Sanhita- Official document published by Ministry Of Law And Justice (Legislative Department) under Gazette Of India CG-DL-E-25122023-250883.
(ii) Indian Penal Code- Official document published by Ministry Of Law And Justice (Legislative Department), Act Number- 45 OF 1860. (iii) Survey– A questionnaire was conducted amongst 52 people studying both at the Undergraduate and Post Graduate level, taking into consideration their perspective on Law, Indian Penal Code and Bhartiya Nyay Sanhita. The response of the survey are as follows
Secondary Sources– Secondary Sources in law are those sources that explain, analyse law but are not law themselves. The secondary sources of data used in this project were Law Journals, News Paper Articles, and Legal Databases.
I. Analysis of the data– A thorough analysis of the shortcomings of the Indian Penal Code and new amendments of the Bhartiya Nyay Sanhita was done in order to identify the critical aspects discerning between the two. From the analysis, certain specific changes could be found like
-Reduction of the number of sections in the Bhartiya Nyay Sanhita, from 511 to 358.
– Emphasis on rehabilitation rather than on punishment
– Change of definition of Sedition, under Rajdroh
-Introduction of new provisions on Terrorism and Cyber Crime
II. Challenges And Limitations– Problem was posed in finding official document of the Indian Penal Code as it was published in 1860 and insufficiency on data on Bhartiya Nyay Sanhita as it has been recently introduced by the government. Unavailability of sufficient Legal Precedents on Bhartiya Nyay Sanhita, there making it arduous for further interpretation.
RESEARCH DESIGN
Study of the Indian Penal Code (45 of 1860) Bare Act of Universal books to improve our understanding of the act and that of Bhartiya Nyay Sanhita to resolve all doubts and questions regarding the same. Further comparison of the relevant sections of the Indian Penal Code and Bhartiya Nyay Sanhita were done. Study of relevant case laws covering both acts, conduct of survey amongst individuals studying both at undergraduate and postgraduate level was done. Subsequently, a conversation was initiated by me with counsels of Supreme Court and their opinion about the two acts were taken analysed with thorough attention and work. Some of the notable cases are as follows-
1. JOSEPH SHINE VS. UNION OF INDIA
A public interest petition, by Joseph Shine challenged the constitutionality of Section 497 of the IPC that criminalized adultery. The Supreme Court struck down Section 497 of the IPC on grounds that it is violative of Articles 14, 15 and 21 of the Constitution[1].
2. MITHU V. STATE OF PUNJAB
The Supreme Court declared Section 303 of the IPC unconstitutional by striking it down, as it provided for the death sentence in cases of murder committed while undergoing a sentence of imprisonment for life. The court held the provisions of this section to be in contravention of Articles 14 and 21 of the Constitution of India.
NATURE AND SOURCE OF DATA
While coming up with a comparative study between the Bhartiya Nyay Sanhita (BNS) and the Indian Penal Code (IPC), I have discussed various sources of data which help to present historical background, legal explanation, and contemporary views. Some of the key sources that find relevance to form such a study are as follows:
1. BOOKS
Legal books on criminal law and penal reforms are fundamental sources in understanding not only the IPC but also the proposed BNS. These texts provide broad insights into the development of the Indian criminal justice system-tracing the development of laws from colonial India (IPC) to changes in the BNS. Commentaries on the IPC, critical assessments of its provisions, and comparative studies on penal reforms form the backbone of this analysis.
2. LAW JOURNALS
Peer-reviewed law journals would emerge as important references for academic scrutiny and debate regarding the IPC and BNS. In fact, journals may publish the detailed analysis of proposed reforms as well by suggesting potential challenges and benefits of moving from the IPC to the BNS. Articles which actually compare criminal law reforms, the implications of constitutional amendments, and interpretation of penal provisions will provide a deeper insight into the impact and scope.
3. NEWSPAPERS
Newspaper reports provide an immediate view of the public opinions regarding the bill, the debates of parliament, and political reactions towards the initiation of the BNS. News stories about the debates in parliament, inputs by the public and gurus on the proposed changes in criminal law give a complete idea of how the BNS is perceived in comparison to IPC. The latest news sources also present an idea of progress of BNS as it moves through the corridors of the legislative.
4. ONLINE INTERVIEW WITH THE ADVOCATES OF THE SUPREME COURT
Discussions with counsel from the Supreme Court Of India undoubtedly provided invaluable insights into the practical implications of a shift from the IPC to the BNS. Their mastery helps to recognize the subtleties of legal provisions, related enforcement issues, and the impact on the legal scenario of India at large. The comparative study of the BNS and the IPC thus becomes comprehensive while balancing historical context with legal and social perspectives of today through utilization of these diverse sources.
SAMPLE AND SAMPLING METHOD WITH RATIONALE
As mentioned earlier in the project, a survey amongst 52 persons was conducted in order to find personal views of law and the two acts, that are, the Indian Penal Code and the Bhartiya Nyay Sanhita. The selected sample would contain those who possess theoretical knowledge as well as practical experience of criminal law. It would be quite feasible to base well-informed opinions on the likely prospects associated with shifting from the IPC to the BNS. The sample group is described in great detail along with the method of sampling and reasons for choosing them, which are as follows.
I. GROUP CHOSEN
The comparative study between Bhartiya Nyay Sanhita (BNS) and Indian Penal Code (IPC) has been made following a clearly defined and very judicious selection of the sample group. They are individuals having both theoretical knowledge and practical experience in criminal law and thus very well qualified to throw insights, well-informed and balanced. Below is an overview of the sample and the rationale for their selection:
The sample included:
Practice Advocates
The second constituency that formed a significant proportion of the sample comprised lawyers practising in the trial and higher appellate courts across India. Their familiarity with the IPC had enabled them to gain insights into how the BNS would impact practices and procedure in the courts. These practitioners were critical for giving an idea on how the new proposals would translate into real life.
Senior Law Students: The delegation was one of the latest minds in law education, schooled in both the IPC and BNS perspectives. This new vision, with an analytical edge, deepened the study on the potential avenues and promise for reforms.
II. SAMPLING METHOD
A purposive sampling method was applied in this research, whereby respondents with certain qualifications that would be required for a comparative meaningful analysis were selected. Direct experiences and knowledge of both IPC and BNS are appropriate targets for professionals, considering the contexts involved in this research.
Inclusion Criteria: The practising advocates and the senior law students had in-depth knowledge about the subject of both the IPC and the proposed BNS, either through professional practice, academic research, or law educational practice.
All the participants have had direct experience in the application of criminal law, ensuring that insights were practiced in real-world legal contexts.
Online Sampling: The online tools are drawn upon to assist in attaining a diverse sample of participants, coming from numerous locations, professions, and backgrounds.
By integrating the theoretical and practical knowledge, the study actually managed to capture a holistic view of the proposed reforms and their expected impact on India’s criminal justice system.
DETAILS OF THE TOOLS
Some of the instruments that were used for gauging awareness of undergraduate and postgraduate students about the Indian Penal Code (IPC) and the newly enacted Bhartiya Nyaya Sanhita (BNS) are followed. Insights into the practical repercussions of the shift from the IPC to the BNS were provided by gathering information from experts. Instruments followed and their outcomes are:
I. GOOGLE FORMS: ONLINE SURVEY WITH 52 PARTICIPANTS
Using Tool: Google Forms
The purpose of using quantitative methods is to collect data from a larger group in a relatively short time.
Sample size: 52 respondents. Survey Design: The survey form will consist of a questionnaire that is designed in a manner to capture opinions or knowledge that pertains to legal concepts such as IPC and BNS.
II. PERSONAL INTERVIEW WITH THE SENIOR ADVOCATE OF THE SUPREME COURT
Tool: Face-to-face interview
Purpose: Acquire qualitative insights from a lawyer regarding the complex legal structures, interpretations, and their practical applications of IPC and perhaps BNS.
Target: Advocates of Supreme Court who would further verify the quality and correctness of his interpretations.
Interview Method: Open-ended questions with the following advocates of Supreme Court who provided further useful insight which could nurture knowledge and clear queries**.
III. QUESTIONNAIRE
Tool: Survey
Content: The questionnaire included questions like when was the IPC formed,when was the bns formed, what is its full form key changes and many more.
The objective was to test the knowledge of dates or origins associated with the Indian Penal Code (IPC) and BNS.
It consisted of a mix both between the factual recall type questions, which were closed-ended, and probably some open-ended questions exploring how the respondents understood the meaning of the difference and/or implications of these codes.
IV. IPC VIS-A-VIS BNS: A COMPARISON
Purpose: To understand the complexities of this ever-changing law environment and understand the role of improvising laws as per the changing needs of the scoiety .
Method: Through personal opinions of individuals, Legal practitioners and the general public by means of Questionnaires, personal interviews and one-on-one personal reviews through physical meetings.
THE QUESTIONNAIRE AND OTHER METHODS USED AND THEIR PURPOSE
For the BNS v/s IPC project, a combination of methods was used to collect insights from various stakeholders. Here is a summary of the approaches used and what was achieved through them:
I. EMAIL OUTREACH
Execution: A few email questions were forwarded to students with different backgrounds so that it could elicit detailed responses on how the new system transitioned with the change from the IPC to the BNS. Respondents provided comprehensive insights into the strengths and weaknesses of the new legal framework introduced by the BNS, and what it could improve. This was helpful in understanding better the way the BNS would possibly allow for contesting modern legal challenges and instigate reforms beyond those projected by the IPC.
Purpose Achieved: Understand the need for revising the old laws and introducing the new ones so as to cater to the ever-changing needs of the society through the opinions of individuals who have the intellect to make further policies and create set marks which can affect the society in many ways.
II. SURVEY
Implementation: A structured survey was conducted amongst the students of different study background in an attempt to try and gauge opinions of the shift from IPC to BNS. The survey helped in measuring levels of awareness, perceptions of the reforms, and preferences on some areas such as changing the punishments, criminal definitions, and administrative improvements.
Purpose Achieved: The questionnaire generated numeric data, representing an aspect of general public opinion. It revealed trends in various demographic perspectives on the BNS as compared with the IPC, particularly with respect to its role in current legal issues and the possibility of improvement of the judicial system.
III. WHATSAPP VOTING POLL
Implementation: Quick polls through WhatsApp were organized to achieve instant responses from a larger group of people. The polls revolved around simple Yes/No questions whether they like the BNS and if they think it would bring good changes compared to the IPC .
Objectives: The WhatsApp poll provided instant, near-real-time results that reflected the average mood of public opinion. As a result, we were able to identify important attitudes towards the new law and appreciate the level of support for reforms initiated by the BNS.
General Purpose Accomplished: Email Outreach was used to collect in-depth, specialist opinions on the effect of reforms implemented by the BNS.
OVERALL PURPOSE OF TOOLS
Survey: A structured and analyzable source of data from a larger population, so it provides a comprehensive view on the public’s awareness and opinions of the transition from IPC to BNS.
WhatsApp Polls: A rapid method of offering quick feedback on the measurement of public sentiment over a couple of aspects of legislative changes.
Those approaches combined to ensure that it was enough to cover the knowledge differences established between BNS and IPC as well as to analyze the public and expert views of the new legal structure.
RELIABILITY AND VALIDITY OF THE TOOLS USED
The data collection instruments used in this project were quite reliable due to the nature of the methods involved. Furthermore, the sample of respondents has professionals verified their expertise in the specific field by utilization of acceptable identification such as proof of email and professional credentials. The procedure helps ensure that the respondent has a reasonable knowledge level and relevant experience in the field to make the data collected have increased validity.
The use of structured questionnaires allowed for the use of factual recall questions and open-ended questions. This helped bring out a holistic understanding of the nuances of IPC and BNS. Closed-ended questions were used in a way that allowed for quantitative analysis.
In this comparative analysis of IPC and BNS, reliability in data collection methods, a well-chosen sample, and a balanced design of the questionnaire have all helped to ensure validation in findings.
ADMINISTRATION OF TOOLS AND TECHNIQUES
Suitable precaution were taken in order to ensure that reliable data would be collected. This study basically utilized email mediums to create efficient communication to reach the respondent’s diversified background and advocates from the Supreme Court Of India whose insights were extremely useful.
To expand the range of data collection, a survey was taken with a sample group of 52 participants who belong to various walks of life. The participants were chosen based on their professional experience and knowledge in the legal sphere so that the data collected would prove to be informative and useful. The questionnaire is open-ended for deeper probing into the perceptions and understanding of respondents about the IPC and BNS codes.
In addition, a WhatsApp poll was utilized as an additional means to collect data. It ensures that numerous individuals can answer the questionnaire through their mobile devices conveniently and promptly. Equally, WhatsApp ensured that it made it much easier to communicate with participants as they use mobile for their interaction; therefore the study reached more participants.
A judicious and wise sample was selected with tools in good judgment, with careful selections of participants that are known knowledgeable persons in the legal domain enhancing the reliability of the data. Furthermore, varied multiple data collection methods ensured multifaceted perspectives on the implications and differences between the IPC and BNS.
DATA COLLECTION
A discussion survey was conducted online with 52 people where fundamental questions were listed relating to key areas, including the Indian Penal Code and the Bhartiya Nyaya Sanhita. The questionnaire sought to attract personal comments from their peers as well as worthwhile suggestions from erudite lawyers about the revocation of the existing provisions and new changes brought into the Bhartiya Nyaya Sanhita. More importantly, it should include a critical review of perspectives from respondents with different educational experiences about such changes and a comparative analysis between IPC and BNS.
DATA HANDLING, STATISTICAL TOOLS USED FOR ANAYLSIS
Data handling entails interpretation of graphs, and segregation based on academic backgrounds of the participants. The survey included the response from practicing lawyers, members of the general public, including further bifurcation of the groups according to age demographics.
Toward effective analysis, the following statistical tools and techniques have been used:
– Excel Tools: All data have been put into Microsoft Excel for entry, organization of data , and further analysis showing how many respondents attended and what options did they choose.
– Graph Analysis: Preparing different types of graphs through google form has been used to present the data graphically, so that the responses of the various respondents is used .
Accuracy Determination: Another aspect of the analysis was a scale determining how many of the respondents answered questions correctly, and this in turn assisted in assessing how well people, generally, understood the IPC and Bhartiya Nyaya Sanhita among the different groups or demographics.
This broad approach in handling and analyzing the data ensured that findings were robust and informative, so proper conclusions could be drawn from the survey results.
DATA INTERPRETATION AND FINDINGS
Based on the information provided, here’s is the interpretation and findings of my project comparing the Indian Penal Code (IPC) and Bhartiya Nyaya Sanhita (BNS):
I. USEFULNESS
Of the respondents, 52 found that the comparison of IPC and BNS was useful. This therefore means the information really impacted them about which aspect to compare; hence, the basis of understanding both legal frameworks is actually very relevant.
II. RELEVANCE
Similarly, 52 indicated that the project was relevant in that it would, according to them, make current or update the laws of various jurisdictions so as to include, among other modern issues, a law on terrorism, cybercrime, and so forth.
III. AVAILABILITY
Only 23 of them believed that the content was comprehensible; this could therefore indicate a gap in how intricate legal changes between IPC and BNS are reported. In other words, this might mean the project needs to make legal terminology or concepts more lucid.
IV. LACK OF UNDERSTANDING
Since no information is provided concerning the participants who could not easily understand content, it is not known. However, given that only 23 easily understood it, it would appear that most of the participants probably could not easily understand content.
RECOMMENDATIONS
I. PROMOTE THE PRACTICAL NATURE OF BHARTIYA NYAYA SANHITA (BNS)
Since the BNS is more aligned with contemporary realities and modern issues (such as terrorism and cybercrime), public awareness campaigns should highlight its practical aspects and relevance to today’s world. These campaigns can focus on how BNS is more suited to addressing modern crimes, unlike the outdated provisions of the IPC.
The government and legal bodies should emphasize specific provisions of BNS that show improvements over the IPC, particularly those related to technological crimes, cyber threats, and national security concerns.
II. ENGAGE COMMON PEOPLE FOR FEEDBACK:
To ensure the laws truly serve the public interest, the government should actively seek feedback from citizens, legal experts, and relevant stakeholders regarding their experiences with the new laws. This could involve:
Public consultations and town halls.
Surveys and opinion polls to gather data on how well the public understands and accepts the new laws.
Utilizing social media and digital platforms to invite public participation and ensure a two-way communication that informs future legal amendments.
III. SIMPLIFY THE LAW FOR BETTER PUBLIC UNDERSTANDING:
The data from your project suggests that only a portion of the audience found the legal comparison easy to understand. Therefore, the government and other bodies should focus on making legal language simpler and more accessible to common people. This could involve:
Publishing easy-to-read guides or summaries of key provisions in BNS-
Creating digital content (videos, infographics, FAQs)** that explains the core differences between IPC and BNS and how it impacts the average person.
Educating the public through community programs and working with local bodies to ensure even rural populations are informed.
IV. FACILITATE A JUSTICE-ORIENTED APPROACH:
The BNS should not only be seen as a legal upgrade but also as a tool to improve access to justice. The government should focus on:
Facilitating quicker and more transparent judicial processes, making sure that the legal updates lead to more efficient case handling and resolution.
Training law enforcement and judicial officers on the new laws to ensure uniform application.
Offering legal aid and awareness programs , especially in underprivileged areas, to ensure that people can seek justice under the new system more effectively.
V. CONTINUOUS REVIEW AND ADAPTATION
As societal needs continue to evolve, the BNS should not remain static. There should be a continuous process of reviewing and updating laws to ensure they remain practical and fit for future challenges.
Regular audits and performance reviews of the justice system under BNS should be conducted to ensure that it fulfills its intended purpose—providing justice in a timely, relevant, and fair manner.
SUMMARY AND CONCLUSIONS
RELEVANCE OF THE BHARTIYA NYAYA SANHITA (BNS)
The Bhartiya Nyaya Sanhita (BNS) is intended to be a modernized legal structure that will fill the gaps in the Indian Penal Code (IPC) of 1860. BNS brings much-needed reform to the current law and reflects the changing social, technological, and legal environment of India. It attempts to replace archaic provisions of the IPC with practical laws on a myriad of challenges such as gender-sensitive issues, cybercrime, terrorism, rehabilitation, etc.
PROJECT SUMMARY: INDIAN PENAL CODE VIS-À-VIS BHARTIYA NYAYA SANHITA
The project was done on a broad comparative view of the Indian Penal Code (IPC) and the Bhartiya Nyaya Sanhita (BNS), bearing in mind the differences between the two, as well as the relevance of the new amendments and the challenges faced while shifting from IPC to BNS. Analysis showed several key points of divergence that make the BNS more in tune with contemporary realities.
I. DATA ANALYSIS
Analysis showed several significant changes about the BNS as differentiated from the IPC:
(i). Consolidation of fewer Sections: The BNS consolidates several overlapping sections, resulting in a total number reduced from 511 to 358. This means that the law is concise and easier to handle.
(ii) Changes in the sedition clause– The elimination of a clause that let someone found guilty of sedition to escape punishment with merely a fine is a significant alteration to the proposed draft Section 150 of the BNS bill: The bill’s Section 150 stipulates that the penalty can be life in prison or a maximum of seven years in jail, along with a fine.
(iii) Sensitive Matters
– The BNS assumes a provision of gender sensitivity that will protect women, children, and the vulnerable more aptly than the IPC did.
(iv). Punishment and Rehabilitation
– BNS has not only concentrated on punishment but also rehabilitation in greater measures, especially for minor crimes, which contributes to the offender’s social reintegration.
(v). Up-to-date Laws
– BNS includes modern crimes like cybercrime, terrorism, thus making it compatible with today’s highly digitalized and inter-connected world, herein lies one of the major deficiencies of the IPC-as it was established in the 19th century.
II. CHALLENGES AND LIMITATIONS
The project itself was particularly challenging at several places while the work was well-diversified as follows, though:
I. ACCESS TO OFFICIAL DOCUMENTS
Being over 160 years old, IPC was a challenge regarding official, updated documents. Some provisions had been amended with passage of time, but the absence of a consolidated, updated version of the IPC made an inter-country comparison very tough to carry out.
II. LESS DATA FOR BHARTIYA NYAYA SANHITA
Because the BNS is relatively new to the government, a relative scarcity of comprehensive data on its applications and effects prevails.
III. LACK OF LEGAL PRECEDENTS
The inability of legal precedents developed under the BNS also makes it impossible to assess its application in real life, as well as the meaning that courts will give it. This is only waiting to develop with the passage of time and as courts begin to apply the new provisions and case law starts to develop over time.
CONCLUSION
It is the Bhartiya Nyaya Sanhita, which gives a strong and much-needed update to the Indian legal framework, especially by targeting modern crimes and rehabilitation-focused penalties. A more streamlined approach is noticeable in the sections, namely inclusion of terroism, cybercrimes, and provisions on sedition.
However, the newly introduced BNS complicates interpretation and practice since the case law relating to the new provision is still at its infancy and insufficiently available data is not enough to assess its full impact. It promises, however to be more relevant legal code, more suitable to the needs of modern Indian society while addressing key deficiencies of the IPC. Following the education of the public, and, the legal professions, at large, to these new provisions, such educations will ensure effective implementation and the feedback machinery in place to adapt the law as warranted.
DIRECTIONS FOR FURTHER RESEARCH
RESEARCH DIRECTION FOR FURTHER RESEARCH
I. MORE INTERACTION WITH THE PRACTICING LAWYERS
Future studies should have more interaction with legal professionals, especially practicing lawyers. Their firsthand experience with both the Indian Penal Code (IPC) and Bhartiya Nyaya Sanhita (BNS) would lend greater insight and empower a more expert-driven analysis of the comparative strengths and weaknesses of each legal framework.
II. SURVEY JUDGES, LAWYERS, AND LITIGANTS
It will expand the scope of surveys among judges, lawyers, and litigants. It will show easier and harder concretizations of the new legal provisions in real cases because it reflects a more complete view on how Bhartiya Nyaya Sanhita works in practice, compared to the Indian Penal Code.
III. WIDER SAMPLE COVERAGE AMONG STUDENTS
Future studies should be more representative, covering an even mixed body of students, especially legal studies alums. This would give a better balance of the views, combining the layman’s with the informed opinion regarding the new laws.
IV. SEEK WIDER OPINIONS FOR A HOLISTIC VIEW
Feedback from the legal fraternity and society at large will help in gaining a holistic view as how the Bhartiya Nyaya Sanhita is perceived and whether it really addresses the requirements of modern times or not.
BIBLIOGRAPHY
Following references were used for the project
UNIVERSAL’S GUIDE TO THE INDIAN PENAL CODE
Universal Law Publishing Co. Pvt. Ltd., New Delhi
This book provided a comprehensive description of the Indian Penal Code (IPC), its architecture, historical background, and amendments. It was a vital source of information regarding the limitations of the IPC and a comparison with the new provisions in the Bhartiya Nyaya Sanhita (BNS).
UNIVERSAL’S COMMENTARY ON THE BHARTIYA NYAYA SANHITA
Universal Law Publishing Co. Pvt. Ltd., New Delhi
This resource helped develop an understanding of the current changes that BNS proposes, especially those on contemporary issues like cybercrime, terror, and gender-sensitive legislation.
COMPETITION SUCCESS REVIEW
Multi-Issue, Competition Success Review Magazine
News and articles in CSR were helpful while highlighting the legal reforms and their after effects on society. Legal experts’ views and the whole Bhratia Nyaya Sanhita were published with the responses of the society towards the same on CSR.
SUPREME COURT OF INDIA WEBSITE
https://www.sci.gov.in
These are the official sites of the Supreme Court of India, which have now become a great source to access judgments, references, and legal precedents under IPC. Even though there are no legal precedents as of now for Bhartiya Nyaya Sanhita, this site helped understand judicial interpretations of IPC.
INDIA KANOON
https://www.indiankanoon.org
India Kanoon portal was a great source of relevant case laws, statutes and articles pertaining to both IPC and the new Bhartiya Nyaya Sanhita in development. This was so because references to the law and practical understandings of the applications of these laws were critical in this process.
MANU PATRA LEGAL DATABASE
https://www.manupatra.com
Manu Patra is an all-inclusive legal research database, under which, one can analyze historical and current case laws of IPC. Its use was also helpful in doing comparative studies of provisions of the IPC as well as proposed changes, under Bhartiya Nyaya Sanhita.
These resources were a boon to the analysis of the Indian Penal Code and the Bhartiya Nyaya Sanhita. This helped in the comparison drawn between these two legal frameworks.
APPENDIX
APPENDIX I: MAJOR LEGAL PROVISIONS IN COMPARISON
This appendix present the major provisions of the Indian Penal Code (IPC) and Bhartiya Nyaya Sanhita (BNS) compared in the project.
I. NUMBER OF SECTIONS
IPC: Total 511 Sections
BNS: Total 358 Sections which are streamlined and consolidated
II. MODERNIZATION OF LAWS
IPC: No special provisions pertaining to cybercrime and terrorism.
BNS: Has modern provisions relating to Cybercrime, Terrorism, digital crimes.
III. STRUCTURE OF PUNISHMENT
IPC: Imprisonment, death penalty, and fine; all similar traditional forms of punishment.
BNS: There is introduction of community service as a form of punishment for petty crimes, heavily emphasizing rehabilitation
IV. GENDER SENSITIVITY
IPC: There are provisions for gender-related crimes, but they are not as detailed.
BNS: These become more gender-sensitive laws and specifically seem to protect women and children.
[1] Manupatra-Case archives
[1] IPC,1860.
[2] BNS,2023