Daily Current Affairs : 12-August-2023
In a significant move, the Bharatiya Nyaya Sanhita Bill, 2023 has been presented in the Lok Sabha, signaling a monumental change in India’s legal landscape. This bill seeks to replace the age-old Indian Penal Code (IPC) that has been in existence for more than 160 years. The proposed changes are set to bring about a paradigm shift in the way offenses are defined and addressed.
Reforming Criminal Offenses: A Closer Look
The proposed Bharatiya Nyaya Sanhita Bill, 2023 entails several noteworthy modifications that aim to modernize and streamline the criminal justice system. These changes are aimed at enhancing clarity, addressing new challenges, and ensuring that justice is effectively served.
1. Cheating: Rethinking Fraud
The current IPC Section 420 deals with cheating and dishonestly inducing the delivery of property. However, in the proposed Bill, this section has been done away with, and the offense of cheating now falls under Section 316. This change reflects a more contemporary approach to addressing fraudulent activities.
2. Sedition: A New Perspective
IPC Section 124A, which pertains to sedition, has undergone a transformation in the proposed Bharatiya Nyaya Sanhita Bill. Here, Section 124 has been reimagined to focus on the offense of wrongful restraint, thereby aligning with a more comprehensive view of preventing undue restrictions on individuals. Interestingly, the term ‘sedition’ no longer finds a place in the new Sanhita. Instead, the offenses akin to what was referred to as sedition are now encapsulated under Section 150 as “Acts endangering sovereignty, unity, and integrity of India.”
3. Murder and Snatching: Redefining Crimes Against Life
IPC Section 302, which deals with murder, has been restructured in the proposed Bill. Surprisingly, Section 302 now addresses the offense of “snatching.” The concept of murder, however, has not been disregarded; it is now categorized under Section 99. This new section differentiates between culpable homicide and murder, thereby ensuring a more nuanced approach to these grave offenses. Moreover, the punishment for murder has been outlined in Section 101, highlighting both individual and group accountability.
4. Attempted Murder: A Shift in Perspective
In the existing IPC Section 307, the concept of attempted murder is elaborated. However, the proposed Bharatiya Nyaya Sanhita Bill introduces a transformation by redefining Section 307 to focus on the offense of robbery and its associated punishment. Attempted murder, on the other hand, is now addressed under Section 107, offering a clearer understanding of the legal ramifications of such acts.
5. Rape: Emphasizing Consent and Protection
A significant alteration in the proposed Bill pertains to IPC Sections 375 and 376, which relate to rape and its punishment. While Section 375 defines the offense of rape and its exceptions, Section 376 outlines the punishment. In the new Sanhita, Section 376 has been omitted. Instead, the offense of rape is meticulously defined under Section 63, with the conditions of forced sexual intercourse retained. Crucially, the exception for marital rape has been upheld.
6. Criminal Conspiracy: A Comprehensive Approach
IPC Section 120B, addressing criminal conspiracy, has been revisited in the proposed Bill. In the new Sanhita, Section 120 has been restructured to focus on “voluntarily causing hurt or grievous hurt on provocation.” The concept of criminal conspiracy is encapsulated in Section 61(1), which outlines the agreement for illegal or illicit acts, and Section 61(2) lays down the corresponding punishment.
7. Promoting Enmity: Navigating Divisive Statements
The existing IPC Section 505, concerning statements creating or promoting enmity, undergoes a transformation in the proposed Bill. In the new Sanhita, there is no Section 505. Instead, Section 194 addresses the offense of “Promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.”
8. Defamation: Balance of Free Speech
IPC Section 499, pertaining to defamation, undergoes a noteworthy change in the proposed Bill. The new Sanhita omits Section 499, instead addressing the offense under Section 354(1). The corresponding punishment for defamation, as outlined in Section 354(2), includes options such as imprisonment, fines, or even community service.
Important Points:
- Reforming Criminal Offenses: A Closer Look:
- Significant modifications to modernize and streamline the criminal justice system.
- Focus on enhancing clarity, addressing new challenges, and ensuring effective justice.
- Cheating: Rethinking Fraud:
- IPC Section 420 on cheating replaced; offense now under Section 316.
- Reflects a contemporary approach to addressing fraudulent activities.
- Sedition: A New Perspective:
- IPC Section 124A (sedition) transformed to Section 124 (wrongful restraint).
- Term ‘sedition’ replaced with “Acts endangering sovereignty, unity, and integrity of India” in Section 150.
- A more detailed provision than IPC Section 124A.
- Murder and Snatching: Redefining Crimes Against Life:
- IPC Section 302 (murder) now covers “snatching.”
- Murder categorized under Section 99 with distinction between culpable homicide and murder.
- Murder’s punishment outlined in Section 101 with individual and group accountability.
- Attempted Murder: A Shift in Perspective:
- IPC Section 307 (attempted murder) transformed to focus on robbery.
- Attempted murder addressed under Section 107 with defined punishment.
- Rape: Emphasizing Consent and Protection:
- IPC Sections 375 and 376 (rape and punishment) restructured.
- Section 376 omitted; rape’s definition retained in Section 63.
- Conditions of forced sexual intercourse maintained, marital rape exception upheld.
- Criminal Conspiracy: A Comprehensive Approach:
- IPC Section 120B (criminal conspiracy) revisited.
- Section 120 now focuses on “voluntarily causing hurt or grievous hurt on provocation.”
- Criminal conspiracy outlined in Section 61(1) with corresponding punishment in Section 61(2).
- Promoting Enmity: Navigating Divisive Statements:
- IPC Section 505 (statements promoting enmity) transformed.
- New Sanhita omits Section 505, replaces it with Section 194.
- Focus on “Promoting enmity between different groups” and maintaining harmony.
- Defamation: Balance of Free Speech:
- IPC Section 499 (defamation) replaced.
- Defamation addressed under Section 354(1) with punishment detailed in Section 354(2).
- Punishment options include imprisonment, fines, or community service.
Why In News
The Bharatiya Nyaya Sanhita Bill, 2023, a significant legislative proposal introduced in the Lok Sabha, aims to modernize and update the legal framework of India by repealing the archaic Indian Penal Code (IPC) that has been in existence for over 160 years. The Bill’s provisions encompass a comprehensive range of reforms that reflect the evolving social, technological, and legal landscape, aligning the nation’s legal system with contemporary needs and challenges.
MCQs about Transformative Changes in the Bharatiya Nyaya Sanhita Bill, 2023
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Under the proposed Bharatiya Nyaya Sanhita Bill, 2023, what changes have been made to the offense of sedition?
A. The offense of sedition has been abolished.
B. The term “sedition” has been retained in the new Sanhita.
C. Sedition is now covered under Section 150 of the proposed Sanhita.
D. Sedition has been replaced with the offense of robbery.
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Which section of the proposed Bharatiya Nyaya Sanhita Bill, 2023 addresses the offense of robbery?
A. Section 302
B. Section 99
C. Section 107
D. Section 120B
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What happens to the offense of defamation in the proposed Bharatiya Nyaya Sanhita Bill, 2023?
A. It is omitted entirely from the new Sanhita.
B. It remains the same as in the IPC.
C. It is redefined under Section 499.
D. It is combined with the offense of sedition.
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