In a landmark move to revamp India's legal landscape, Home Minister Amit Shah presented three new bills in the Lok Sabha, aiming to replace antiquated colonial-era laws. Among these, the Bharatiya Nyaya Sanhita (BNS) Bill, 2023 stands out for its comprehensive overhaul of criminal offenses and their corresponding punishments.
The proposed BNS Bill introduces a series of changes that redefine the legal framework for various crimes:
1. Section 420: Cheating and Dishonestly Inducing Delivery of Property
The traditional IPC Section 420, addressing cheating and dishonest inducement, finds its equivalent in Section 316 of the BNS. Section 316(1) outlines the act of cheating through deception, inducing actions that lead to damage or harm. Different degrees of punishment are prescribed in Sections 316(2), (3), and (4), with sentences ranging from up to three years to seven years, along with fines.
2. Section 124A: Sedition
The controversial IPC Section 124A, dealing with sedition, is transformed into Section 150 in the BNS. Section 150 encompasses a more comprehensive framework for "Acts Endangering Sovereignty, Unity, and Integrity of India." The provision explicitly addresses secession, armed rebellion, subversive activities, and more. Conviction can lead to imprisonment for life or up to seven years, along with fines.
3. Section 302: Murder
IPC Section 302, covering murder, undergoes significant transformation under the BNS. Section 302 in the BNS pertains to the offense of "Snatching," specifically theft committed through sudden, forcible seizure. The distinction between culpable homicide and murder is discussed in Section 99 of the BNS, and punishment for murder is detailed in Section 101, with a possible death penalty or life imprisonment.
4. Section 307: Attempt to Murder
The traditional IPC Section 307, addressing attempts to commit murder, finds its counterpart in Section 107 of the BNS. This section covers the offense of robbery and prescribes the corresponding punishment.
5. Sections 375 and 376: Rape
IPC Sections 375 and 376 dealing with rape undergo transformation under the BNS, retaining key definitions and exceptions. The new code addresses sexual offenses and maintains the exception for "marital rape," if the wife is not under eighteen years of age.
6. Section 120B: Criminal Conspiracy
IPC Section 120B, concerning criminal conspiracy, is shifted to Section 61 of the BNS. The section defines and outlines punishment for criminal conspiracy.
7. Sections 505 and 153A: Statements Creating Enmity
IPC Sections 505 and 153A, dealing with statements promoting enmity, are adapted in the BNS. The new code introduces Section 194 for "Promoting Enmity Between Different Groups on Ground of Religion, Race, Place of Birth, Residence, Language, etc."
While the proposed BNS Bill brings forth a modernized and comprehensive legal framework, it also faces criticism from opposition parties and legal experts. The debate surrounding the overhaul of criminal laws will continue as these bills undergo examination by the Parliamentary Standing Committee on Home Affairs, aiming to address concerns while ushering in a new era of justice in India.
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