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Key features of Bharatiya Nyaya Sanhita, 2023

Home Case Study Bharatiya Nyaya Sanhita, 2023

Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant overhaul by replacing the outdated Penal Code of 1860, reorganizing chapters to prioritize offences against women, children, and murder. The BNS streamlines the legal framework, consolidating scattered provisions into a cohesive structure with 358 sections, down from 511 in the IPC, 1860.

Key reforms include grouping offences against women and children under Chapter V, enhancing coherence and accessibility in addressing these critical issues. Chapter IV consolidates attempt, abetment, and conspiracy offences, previously dispersed across different sections, promoting clarity and efficiency in legal proceedings.

1. Criminal Justice Reform

The Bharatiya Nyaya Sanhita, 2023, introduces significant reforms across three key areas. Firstly, in criminal justice, it introduces 'Community Service' for minor infractions and extends jurisdiction to crimes affecting India committed abroad. New offences like sexual intercourse under false promises and snatching are defined, while age-based sentencing discrepancies in gang rape cases are eliminated. The legislation ensures gender neutrality in laws on assault, voyeurism, and child employment in criminal activities. It also enhances penalties for grievous hurt resulting in permanent disability and introduces provisions against organized crime and terrorist acts.

2. Modernization of Legal Definitions and Terminology

The BNS modernizes legal definitions by incorporating electronic and digital records, revising outdated terms, and promoting uniformity by replacing 'minor' with 'child'. These changes enhance clarity and align terminology with contemporary standards.

3. Enhanced Penalties and Constitutional Safeguards:

The BNS rationalizes fines and punishments to better reflect the gravity of crimes, aligning with international best practices while safeguarding constitutional principles. It repeals Section 124A (sedition) to protect freedom of speech and expression and introduces safeguards against the misuse of legal provisions. Overall, the legislation aims to modernize India's legal framework, improve efficiency in justice delivery, and protect against emerging threats and vulnerabilities.

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