Hindu Editorial Analysis : 15-November-2023

The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, aims to replace the longstanding Indian Penal Code, introducing significant amendments, particularly in the context of the death penalty.

Death Penalty in India:
  • The death penalty is the most severe punishment under the legal system.
  • Originating from the British era, India’s approach to the death penalty evolved post-Independence, reflecting its democratic values.
Current Scenario:
  • India, despite global trends, continues to uphold the death penalty.
  • The National Law University Delhi’s 2022 Annual Statistics Report reveals an increase in death row prisoners, numbering 539.
Bharatiya Nyaya Sanhita Bill, 2023: Changes Proposed:
  1. Section 420: Cheating:
    • The proposed Bill replaces Section 420 with Section 316, addressing the offense of cheating.
  2. Section 124A: Sedition:
    • The term “sedition” is replaced with “Acts endangering sovereignty, unity, and integrity of India” in Section 150, offering a more detailed provision.
  3. Death Penalty Expanded:
    • The BNS Bill increases the number of crimes eligible for the death penalty from 11 to 15, including mob lynching, organized crime, terrorism, and rape of a minor.
    • Example: Death penalty for gang rape of a minor now applies to victims below 18 years, expanding the age limit.
Parliamentary Panel Report:
  • The panel recommends government consideration, acknowledging the fallibility of the judicial system in rare cases.
Arguments For Death Penalty:
  • The 1962 Law Commission report advocates retaining the death penalty for maintaining law and order and acting as a deterrent.
Arguments Against Death Penalty:
  1. Global Trend:
    • The majority of countries worldwide have abolished the death penalty, contrasting India’s stance.
  2. Impact on the Poor:
    • Disproportionate impact on the poor, with 74.1% of death row individuals coming from economically disadvantaged backgrounds.
  3. Ineffectiveness in Reducing Pain:
    • Hanging or lethal injection fails to alleviate the suffering of the prisoner.
  4. Low Imposition:
    • The Supreme Court affirmed the death penalty in only 7 cases in the last 6 years, raising concerns about its effectiveness.
Suggestions and Way Ahead:
  • While the government hails the BNS Bill as a step away from colonial laws, concerns persist.
  • Addressing arbitrariness in sentencing, discriminatory impact, life on death row realities, and mental health consequences are crucial.
  • Experts suggest quasi-judicial boards for probation decisions, introducing timelines for mercy petitions, and considering victim input for greater transparency and fairness.
Why In News

The proposed Bharatiya Nyaya Sanhita (BNS) Bill, 2023, which aims to replace the British-era Indian Penal Code, has not only garnered attention for its comprehensive overhaul but has also sparked debates due to the significant expansion in the range of offenses that could now potentially result in the imposition of the death penalty.

MCQs about Bharatiya Nyaya Sanhita Bill, 2023

  1. What is the primary purpose of the Bharatiya Nyaya Sanhita (BNS) Bill, 2023?
    A. To enhance the Indian Penal Code’s longevity
    B. To replace the British-era Indian Penal Code
    C. To introduce more crimes eligible for life imprisonment
    D. To abolish the death penalty
    Correct Answer: B. To replace the British-era Indian Penal Code
    Explanation: The BNS Bill aims to replace the more than 160-year-old Indian Penal Code.
  2. How does the BNS Bill, 2023 propose changes to the death penalty in India?
    A. It reduces the crimes eligible for the death penalty
    B. It maintains the status quo on the death penalty
    C. It increases the crimes eligible for the death penalty
    D. It abolishes the death penalty altogether
    Correct Answer: C. It increases the crimes eligible for the death penalty
    Explanation: The BNS Bill increases the number of crimes eligible for the death penalty from 11 to 15.
  3. According to the parliamentary panel report, what is a key concern regarding the death penalty in India?
    A. Lack of public support for the death penalty
    B. Fallibility of the judicial system in rare cases
    C. Overwhelming evidence supporting the death penalty
    D. Global pressure to abolish the death penalty
    Correct Answer: B. Fallibility of the judicial system in rare cases
    Explanation: The panel recognizes the potential fallibility of the judicial system in rare cases.
  4. What is a major argument against the death penalty?
    A. The death penalty effectively deters crime
    B. The poor are less affected by the death penalty
    C. Hanging or lethal injection reduces pain for the prisoner
    D. The majority of the world has abolished the death penalty
    Correct Answer: D. The majority of the world has abolished the death penalty
    Explanation: Over two-thirds of the world’s countries have abolished the death penalty, contrasting India’s stance.

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