IPC to BNS what has change

IPC to BNS what has change

Subject :Polity

Section: Legislation in news

Context: Lok Sabha nod for 3 bill on criminal law

More about the news:

• The Bharatiya Nyaya Sanhita Bill, 2023 proposes significant changes to the Indian Penal Code; it aims to replace some notable modifications including incorporating terrorism and organized crime into regular criminal law, implementing gender neutrality for offenses related to children, and repealing Section 377, which criminalized homosexuality.

What are the new offenses:

• Promise to Marry: Clause 69 criminalizes a “deceitful” promise to marry, addressing the “love jihad” narrative. It includes consensual sexual activity, making it punishable with imprisonment up to ten years.
• Mob Lynching: The Bill codifies offenses linked to mob lynching and hate-crime murders, imposing punishments ranging from life imprisonment to the death penalty for offenses committed by a mob of five or more individuals based on factors such as race, caste, community, or personal belief.
• Organized Crime: For the first time, organized crime is brought under ordinary criminal law, with punishment for attempts and committed offenses ranging from five years to life imprisonment or death, depending on whether death is involved.
• Petty Organized Crime: A separate category criminalizes offenses such as theft, snatching, cheating, unauthorized selling of tickets, unauthorized betting or gambling, and selling of public examination question papers.
• Terrorism: Terrorism is included under ordinary criminal law, borrowing language from the Unlawful Atrocities Prevention Act. The definition of “terrorist” is broad, and the offense involving terror financing is broader in the BNS than in UAPA.
• Attempt to Suicide: The BNS criminalizes attempting suicide with the intent to compel or restrain a public servant from discharging official duty, prescribing a jail term up to one year with community service. This provision could be applied to prevent self-immolations and hunger strikes during protests.

What are the deleted offences:

• The Bharatiya Nyaya Sanhita Bill, 2023 introduces changes in various areas:
• Unnatural Sexual Offences: Section 377, which criminalized homosexuality and other “unnatural” sexual activities, has been repealed. However, concerns arise as its total omission may impact addressing non-consensual sexual acts, especially as rape laws remain gendered.
• Adultery: The offense of adultery, previously struck down by the Supreme Court in 2018 as unconstitutional, has been omitted in the BNS.
• Thugs: The BNS fully omits Section 310 of the IPC, which criminalizes individuals habitually associated with others for purposes like robbery and child-stealing, labeled as “thugs.”
• Gender Neutrality: While rape laws still apply only to women, the BNS introduces gender neutrality in certain laws. Procuration of a girl (Section 366A of IPC) and kidnapping of minors (Section 361 of IPC) are made gender-neutral. For offenses like outraging the modesty of women (354A) and voyeurism (354C), gender neutrality for the accused is established, allowing women to be booked under the law.

What are the Other tweaks:

• Fake News: The BNS introduces a new provision criminalizing the publication of false and misleading information, addressing concerns related to fake news.
• Sedition: Although initially stated as repealed, the BNS reintroduces sedition under a new name, ‘deshdroh,’ with a broader definition. It now encompasses aiding subversive activities through financial means and encouraging feelings of separatist activities.
• Mandatory Minimum Sentence: The BNS introduces mandatory minimum sentences in various provisions, deviating from the discretionary powers of judges. For instance, Section 303 is tweaked to prescribe “death or imprisonment for life, which shall mean the remainder of that person’s natural life.”
• Damage to Public Property: Offences related to causing damage to public property now carry a graded fine under the BNS, where the fine corresponds to the amount of damage caused.