INDIAN PENAL CODE (IPC),1860:

Indian Penal Code is a comprehensive statute which defines and classifies several types of criminal offences. On the recommendations of the first Law Commission of India, which was established in 1834 under the Charter Act of 1833 and was led by Thomas Babington Macaulay.

In 1860, Under the Viceroyship of Lord Canning, British India adopted IPC.

It served as the main criminal code until its replacement on 1st July 2024. While looking at the structural and organizational setup, the IPC can be broadly divided into 23 chapters and 511 sections.

• Chapters I to V deal with general matters relating to the extent, definitions, principles of liability, etc.
• Chapters VI to XV deal with public matters between individuals and the state.
• Chapters XVI to XXII are primarily concerned with criminal offences committed by individuals against individuals or legal entities other than the state.
• Chapter XXIII: is residuary, establishing the principles of punishment for attempting to commit an offence where no specific provision has been made.

BHARATIYA NYAYA SANHITA (BNS), 2023:

The Bharatiya Nyaya Sanhita 2023 aims to modernize and reform the criminal justice system, addressing various criticisms of the IPC and aligning with contemporary legal and societal standards. On 12th December 2023, Amit Shah, Minister of Home Affairs, introduced the BNS Bill, 2023 in the Lok Sabha. Shah Said "Soul, body and spirit" of the new laws is Indian”. Eventually, BNS got the President’s Assent on 25th December 2023.

As this IPC is going well, what is the need for Bharatiya Nyaya Sanhita? In order to understand that, let us try to understand the criticisms of IPC 1860.

Criticisms of IPC 1860 – Counters to them by BNS 2023

As IPC was enacted under the British Crown Rule, it is considered to be under the principle of ‘Master & servant principle’ and the enaction was a great attempt to deplete the colonial imprint. Here is a detailed comparison between them in several aspects,

Addressing Gender bias and Sexual offences:

Critics argue that the IPC has provisions that are discriminatory or don’t adequately protect women’s rights. For instance, some sections related to sexual offenses have been viewed as insufficient in addressing gender-based violence.

BNS 2023 includes updated provisions to address sexual offenses comprehensively, covering crimes such as sexual assault, harassment, and marital rape, which were inadequately addressed by the IPC. For instance, Sections 63-79 of the BNS 2023 deal with offenses against women, including detailed definitions and punishments for various forms of sexual violence.

Adjusting inadequate coverage of Emerging crimes:

The IPC does not comprehensively address newer types of crime, such as cybercrime, which has become increasingly prevalent. The law has struggled to keep pace with technological advancements and the rise of digital offenses.

The BNS 2023 incorporates specific provisions for cybercrimes and digital offenses. It covers various forms of cyber offenses, including data theft, cyber stalking, and online fraud, which were not adequately addressed by the IPC.

The BNS 2023 introduces provisions to tackle organized crime and terrorism more effectively. Section 112 and Section 113 focus on offenses related to organized crime and terrorism, including enhanced penalties and procedural measures.

Innovative Legal Procedures like Zero FIR which allow complaints to be filed at any police station, streamlining the initiation of legal action

Reforming definitions for the sake of clarity and precision

Several definitions in the IPC are a little bit unclear in their nature. They were considered by BNS and had a detailed set of definitions along with explanations. This makes the task of interpreting easy for the Judges. Even reduction of sections from 511 to 358.

Dealing Juvenile aspects:

The IPC does not adequately address the needs and issues related to juvenile offenders. This has been criticized for not aligning with modern juvenile justice principles, which focus on rehabilitation rather than retribution.

The BNS 2023 includes dedicated sections for juvenile justice, ensuring that juvenile offenders are treated in accordance with modern rehabilitation principles. Like adjusting the age of juveniles to 16 in case of gang rape.

Swift Judicial Processes:

We know that ‘Justice delayed is justice denied‘. Indian Judiciary has a mammoth number of pending cases 5.1 crore.in consideration, BNS makes strict timelines for delivering trial judgments within 45 days(under BNSS section 290) and framing charges within 60 days emphasizes timely justice delivery.

However many of the well-known lawyers were trying hard to remember the new sections of BNS.

This is a little detail of the BNS,2023 and IPC,1860. Hope it will be helpful.

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