FROM IPC TO BNS A CRITICAL ANALYSIS OF MAJOR REFORMS IN INDIA'S CRIMINAL LAW

Introduction

India's criminal law system has seen major changes with the introduction of three new laws: the ¹Bhartiya Nyaya Sanhita which replaced the ²Indian Penal Code and the Bhartiya Nagrik Suraksha Sanhita (BNSS) and Bhartiya Sakhsya Adhiniyam (BSA), which replaced the Criminal Procedural Code and Indian Evidence Act respectively.
This change from IPC to BNS is more than just a name change—it represents a shift in the philosophy and structure of criminal law in India. BNS takes a reformative approach, and the main purpose of this article is to examine the key changes that have been introduced in this transition.

What is Indian Penal Code (IPC), 1860?

The Indian Penal Code is the main criminal law in India. It was passed in 1860 and became effective on January 1, 1862.

The IPC includes laws and punishments for various crimes in the country. It serves as a framework to protect society by punishing those who commit wrongdoings.

1. Uniformity: The IPC is applicable to whole of India, including the Jammu and Kashmir.
2. Gender-Neutral: The IPC is Gender neutral which means that it is equally applicable to all men and women. It provides protection to each of the citizen regardless of their gender.
3. Accountability: It provides framework for investigation and prosecution of crimes by ensuring that those who commits crime are held accountable for their actions.

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The IPC is the primary criminal law in India. It outlines various crimes, the punishments for them, and the procedures for dealing with them. The code was enacted during British colonial rule, with Lord Macaulay playing a significant role in its creation. He led a committee of legal experts to draft the code.
The main goal of the IPC was to consolidate and standardize criminal laws in India, which had previously varied under Hindu, Islamic, and customary laws.

Basics of IPC

Act no. 45 of 1860

Assent Date: 6 October 1860

Came into force in: 1 January 1862

Total 23 Chapters, 511 Sections

Lord Macauley

What is Bhartiya Nyaya Sanhita (BNS), 2023?

The Bhartiya Nyaya Sanhita, 2023, came into force on July 1, 2024, is now the official criminal law of India, replacing the old IPC.
The BNS has introduced 20 new offences and removed 19 provisions from the repealed IPC.
The punishment for imprisonment has been increased for 33 offences, and fines have been increased for 83 offences.

A mandatory minimum punishment is introduced for 23 offences, and a sentence of community service has been introduced for six offences.

Background of BNS

The Bhartiya Nyaya Sanhita bill was introduced on 11 August 2023

The Bhartiya Nyaya Sanhita bill was withdrawn on 12 December 2023

The Bhartiya Nyaya Sanhita (Second) bill was introduced on 12 December 2023 in Lok Sabha

The Bhartiya Nyaya Sanhita (Second) bill was passed on 20 December 2023 in Lok Sabha

The Bhartiya Nyaya Sanhita (Second) bill was passed on 21 December 2023 in Rajya Sabha

The Bhartiya Nyaya Sanhita (Second) bill received assent of president of India on 25 December 2023

From IPC to BNS

On July 1, 2024 three new criminal laws came into force in India replacing the old criminal laws of colonial era, marking a shift in criminal justice system of India. The Bhartiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC), the Bhartiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act (IEA) and the Bhartiya Nagrik Suraksha Sanhita (BNSS) replaced the Criminal Procedural Code (CrPc).

The aim of new criminal laws is to modernize the legal framework by addressing contemporary issues like organized crime dealt in Section 111 Of BNS, 2023, economic offences, emphasizing identity and ethnicity in light of technological advancement and introducing community service as a form of punishment.

The 'Nyaya' signifies the social justice.

The present BNS transitions from the idea of punitive to Nyaya and restrains deterrence aspect introducing provisions which focus on providing justice to all stakeholders. The aspect of Nyaya is visible through the transition from the retributive to reformative approach.

The Indian criminal justice system is primarily based on the principle of retribution and considers crime offences against the state; it acknowledges the need for a shift towards prioritizing rights and concerns of the victims. The offenders and the victims are the most important stakeholders of any crime and the introduction of this form of reformative punishment is a form of 'Nyaya'.

Major Changes in BNS

1. Community service has been introduced in BNS as Punishment.

³Mohammad Giasuddin vs State Of Andhra Pradesh

The Court emphasized the reformative theory of punishment by quoting "If you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries"

1. Punishment for mob lynching.
2. New offence of organised crime.
3. New offence of petty organized crime.
4. New offence of Terrorist attack.
5. Change in punishment in hit and run cases.
6. Sedition made not punishable by omission of section 124A of IPC. Instead, treason is made punishable under new section 152 of BNS.

⁴Kedar Nath Singh vs State of Bihar

The Supreme Court observed that "a citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comment," provided that such expression does not incite violence or create public disorder. This principle is important while analysing Section 152 of the BNS because the provision must be balanced against the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.

1. Mere possession of fake currency notes is no more punishable.
2. Scope of offence of theft expanded to cover theft of intangible items like theft of data.
3. New offence of Snatching.

New Provisions introduced in BNS

• Section 69 – Sexual intercourse by false pretenses

This section of the law makes sexual intercourse unlawful if done through deceitful means, such as false promise of marriage provided that the circumstances are such that they are covered by the provision.

Objective: To ensure legal protection from sexual exploitation by way of deception.

• Section 103(2) – Murder by five or more persons.

It deals with the murder done by five or more persons acting together on grounds such as religion, caste, community, sex, birthplace, language or belief.

Objective: To specifically address the cases of mob killings and other crimes committed by a group due to hatred based on identity.

• Section 111 – Organised crime.

For the first time, organised crime has been included as a status in the general criminal law.

Objective: To tackle the organised crimes.

• Section 112 – Organised petty crime.

It deals with repeated crime committed by a group or gang such as stealing, snatching money, cheating, etc.

Objective: To tackle the smaller but systematic crimes affecting public safety.

• Section 113 – Terrorist act.

The law itself includes punishable provision for terrorism.

Objective: To strengthen the legal framework against terrorism.

• Section 152 – Acts endangering sovereignty, unity and integrity of India

This provision addresses those acts that are meant to threaten the sovereignty, unity and integrity of India.

Objective: To replace the colonial sedition act with the one that protects the sovereignty, unity and integrity of India.

• Section 226 – Attempting suicide to compel or prevent lawful authority

This provision deals with self-harm for the purpose of either persuading or restraining the public official from using his legal powers.

Objective: To curb the misuse of self-harm for coercing public authority.

• Section 304 – Snatching

Snatching is recognised as a distinct crime under BNS.

Objective: To focus on the crime of taking possession of somebody's belongings by force, which is increasingly becoming common.

What was the reason for introducing these provisions?

The broad objectives behind BNS were:

• The modernisation of the criminal law, this involving the replacement of the present IPC system, which was established during the colonial period, by a new substantive criminal code.
• Handling new types of crime, especially those which involve organised crime, terrorism, mob violence and snatching.
• Women and children will have better protection, with particular provisions being introduced regarding sexual offences and deceptive sexual relationships.
• Provisions relating to terrorism and threats to the sovereignty, unity and integrity of India in order to protect national security.
• A criminal justice system that has the victim at its core, placing a higher value on serious offences against individuals and society.
• In the case of modern crimes, a more precise method has been used because offences such as organised crime and snatching are now given specific statutory recognition instead of being handled only by the older general provisions.

Challenges in Implementation

While BNS appears to be a modernised legal framework it may face some challenges such as:

• People may find it difficult to adapt new laws it requires additional training and awareness.
• The cases that are still pending in the courts in which sections of IPC applies, the judges and the advocates have to face the problem of switching from one law to another.
• It may be hard for some states to adapt new laws so quickly especially when the earlier laws were being followed for approximately 16 decades.

⁵Assistant professor Faisal Fasih from West Bengal National University of Juridical Sciences said that the intent of establishing a justice-oriented system rather than a punishment-oriented one was not being seen as the reality of the change.

Conclusion

The shift from the Indian Penal Code, 1860, to the Bhartiya Nyaya Sanhita, 2023, marks a major change in India's criminal law structure.
While the BNS aims to replace the old colonial-era laws, its success will depend on how the courts interpret and apply its provisions. For the BNS to achieve its goal of 'Nyaya,' its provisions must be implemented fairly and with clear understanding.