Background

• Bharatiya Nyaya Sanhita replaces the Indian Penal Code, 1860
• Part of a larger criminal law reform along with
  • Bharatiya Nagrik Suraksha Sanhita replacing CrPC
  • Bharatiya Sakshya Adhiniyam replacing Indian Evidence Act
• Passed by Parliament in December 2023

Key Additions in Bharatiya Nyaya Sanhita

Mob Lynching

• Codified as a distinct offence under Clause 103
• Applies when a mob of five or more commits murder
• Motivated by race, caste, community, language, place of birth, or belief
• Punishment ranges from life imprisonment to death

Organised Crime and Terrorism

• Clause 111 brings organised crime and terrorism under ordinary criminal law
• Earlier governed by special laws such as UAPA and state specific Acts
• First time codification within the general penal law

Deceitful Promise to Marry

• Clause 69 criminalises sexual relations obtained through deceitful promise of marriage
• Includes false promises related to employment, promotion, or concealment of identity
• Punishable with imprisonment up to ten years and fine

Attempt to Suicide

• Criminalised when intent is to compel or restrain a public servant
• Aimed at preventing coercive protests such as self immolation

Snatching

• Introduced as a separate offence distinct from theft
• Punishable with imprisonment up to three years

Community Service

• Introduced as a form of punishment for petty offences
• First inclusion of non custodial punishment in the penal code

Major Deletions from IPC

Unnatural Sexual Offences

• Section 377 of IPC omitted
• Aligns with Supreme Court decriminalisation of consensual homosexuality

Adultery

• Omitted following Supreme Court judgment declaring it unconstitutional

Thug Provision

• Colonial era offence targeting habitual offenders removed
• Addressed concerns of criminalising communities

Key Changes Introduced

Gender Neutrality

• Several offences made gender neutral for the accused
• Includes offences such as voyeurism and sexual harassment
• Sexual intercourse with a minor wife brought within rape provisions

Fake News and Hate Speech

• New offence criminalising publication of false and misleading information
• Intended to address hate speech and misinformation

Sedition Recast

• Offence retained under new terminology
• Name changed from rajdroh to deshdroh
• Expanded scope includes
  • Financial aid to subversive activities
  • Encouragement of separatist feelings

Significance of Bharatiya Nyaya Sanhita

Decolonisation of Criminal Law

• Represents laws framed by Indians for Indian society
• Removes several colonial era provisions

Revamp of Criminal Justice System

• Incorporates recommendations of multiple reform committees
• Aligns law with present day social and security challenges

Incorporation of Supreme Court Judgments

• Reflects judicial pronouncements on privacy, dignity, and equality
• Removal of unconstitutional offences such as Section 377

Gender Justice

• Gender neutrality in several provisions
• Crimes against women prioritised within the code structure

Reformative Justice

• Introduction of community service
• Reduces prison overcrowding and supports rehabilitation

Recognition of Hate Crimes

• Legislative acknowledgment of mob lynching and hate killings
• Strengthens deterrence and accountability

Concerns and Criticism

Limited Break from Colonial Legacy

• Continued reliance on long term imprisonment and death penalty
• Retention of vague offences against the state

Ambiguity in Definitions

• Terms such as subversive activities and separatist feelings not defined
• Risk of misuse to curb dissent

Cosmetic Change in Sedition

• Sedition effectively retained with wider scope
• Supreme Court safeguards not explicitly codified

Community Service Undefined

• No statutory definition provided
• Left to judicial discretion creating inconsistency

Lack of Transformational Reform

• Many provisions retain old structure and language
• Reordering of sections rather than deep overhaul

Inadequate Legislative Scrutiny

• Passed during a session with mass suspension of MPs
• Limited parliamentary debate

Fear of State Misuse

• Trials in absentia reduce state obligation to secure accused presence
• Increased executive discretion

Terrorism under General Law

• Critics argue terrorism should remain under special legislation
• Risk of normalisation of extraordinary powers

Marital Rape Exception Retained

• No criminalisation of marital rape
• Continues gender justice concerns

Way Forward

Legal Clarity and Precision

• Clear definitions of offences to prevent misuse
• Simplified and accessible language

Victim Centric Justice

• Strengthen victim participation, compensation, and protection
• Ensure effective implementation on ground

Focus on Rehabilitation

• Expand non custodial and reformative punishments
• Reduce undertrial population

Technology Integration

• Digitisation of records and forensic modernisation
• Faster investigation and trial processes

Stakeholder Consultation

• Continuous engagement with judiciary, police, civil society
• Periodic review based on implementation feedback