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Published on : 19 May 2024

A Comprehensive Analysis of the Bharatiya Nyaya Sanhita, 2023

The legal landscape of India has witnessed a significant transformation with the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the archaic Indian Penal Code, 1860 (IPC). This monumental legislative reform marks a departure from colonial-era laws and heralds a new era of justice, aligning with the evolving needs and rights-based discourse of modern Indian society. Spearheaded by the Union Government, the BNS aims to streamline provisions related to offences and penalties, prioritizing the protection of women, children, and the state. This article delves into the key features and implications of the BNS, shedding light on its significance in reshaping India's legal framework.

Key Features of BNS

The BNS introduces several crucial amendments and additions aimed at addressing contemporary societal challenges and ensuring justice for all. Notably, it emphasizes the following key aspects:

Offences Against Property

The BNS enhances penalties for offences such as dishonest misappropriation of property, criminal breach of trust, and cheating. By imposing stricter punishments, including imprisonment and fines, the BNS aims to deter individuals from engaging in fraudulent activities, thereby safeguarding property rights and promoting trust in the legal system.

Offences Affecting the Human Body

The BNS introduces provisions to tackle organized crime, negligence leading to death, and emerging challenges such as mob lynching and hit-and-run incidents. By expanding the scope of criminal liability and prescribing deterrent punishments, the BNS aims to address societal concerns related to safety, accountability, and justice.

Deletion of Offences

In line with progressive judicial pronouncements and societal norms, the BNS eliminates outdated and discriminatory provisions, including Section 377 (related to homosexuality) and Section 309 (criminalizing attempted suicide). By decriminalizing certain acts and respecting individual autonomy and dignity, the BNS reflects a forward-thinking approach to justice reform.

Overlap with Special Statutes

The BNS introduces new offences such as terrorist acts and addresses issues of jurisdiction and coordination with existing laws such as the Unlawful Activities (Prevention) Act, 1967. While enhancing the legal framework to combat terrorism and organized crime, the BNS seeks to ensure coherence and effectiveness in law enforcement efforts. To Read more click here


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