On Monday (25th December), the President of India Droupadi Murmu gave her assent to the Bharatiya Nyaya (Second) Sanhita bill, which was passed by both Houses of the Parliament.
With her approval, the bill has now become the law of the land and replaced the colonial-era Indian Penal Code (IPC). Several sections of the IPC, which were afresh in the public mind about certain offences, have been moved to different sections under the Bharatiya Nyaya Sanhita (BNS).
One such offence is that of cheating, earlier punishable under Section 420 of the IPC. In fact, the particular offence was made popular by Raj Kapoor through his 1955 classic ‘Shree 420 (Mr 420)’.
As such, common people began identifying cheats with ‘420.’ Under the Bharatiya Nyaya Sanhita, there is no Section 420. The offence of cheating has been moved to Section 316.
The crime of ‘murder’ which was earlier punishable under Section 302 of the IPC has been moved to Section 101 of BNS. Interestingly, Section 302 of the Bharatiya Nyaya Sanhita criminalises the offence of snatching.
Similarly, section 144 of the Indian Penal Code which punished illegal assembly is now criminalised under Section 187 of the BNS. Rape, which was earlier a criminal offence under Section 376 has been moved to Section 63 and Section 64 under the new law.
The act of waging war against the Indian government, which was punishable under Section 121 of the IPC, has been moved to Section 146 of the BNS. Defamation, earlier criminalised under Section 499 of the IPC is now included in Section 354 of the Bharatiya Nyaya Sanhita.
Rajya Sabha passes New Criminal Bills
Three momentous Bills to replace the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act were passed by the Rajya Sabha on Thursday (21st December).
Home Minister Amit Shah replied to the debate on the three bills and said that the three new criminal justice laws have drawn from India’s own legal jurisprudence and with their implementation, the country will have vast contributions of technology in its criminal justice system.
Replying to the debate in Rajya Sabha on bills that seek to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) and Indian Evidence Act, Amit Shah said the implementation of new criminal laws will ensure an end to ‘tareekh pe tareekh’ era and justice will be given in three years.
The Bharatiya Nyaya (Second) Sanhita 2023; Bharatiya Nagarik Suraksha (Second) Sanhita 2023; and Bharatiya Sakshya (Second) Bill 2023 seek to replace the IPC, CrPC and the Evidence Act respectively.
The House earlier took up discussion on the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023. The three bills were passed by Lok Sabha on Wednesday.
Amit Shah said in his reply that for the first time, changes have been made in the three laws governing the nearly 150-year-old criminal justice system.He said that after the three new laws are implemented, India’s criminal justice system will take maximum advantage of technology.
“If there will be maximum contribution of technology in any system, it will be in the Indian system…The aim of the three bills is not provide punishment but give justice,” he said
He said that in old laws, instead of crimes against women, priority was given to the protection of the Treasury and the British Crown. Shah said the government has removed the section of sedition and replaced sedition with treason.
