Bharatiya Nyaya Sanhita (BNS): The New Era of Indian Criminal Law Reform
Updated: 28-01-2025 at 6:38 AM
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The Bharatiya Nyaya Sanhita (BNS) was introduced to replace the outdated Indian Penal Code (IPC). The IPC dates back to the British period. The aim of replacing the IPC was to decolonise the criminal laws of the British period.
However, the BNS was criticised for its significant similarity with Section 498A of the IPC, without consideration for practical application. The court urged the Union Government to re-examine the BNS. This happened right after Justice D.Y. Chandrachud praised the BNS for the law.
What Is Bharatiya Nyaya Sanhita (BNS)?
The Bhartiya Nyaya Sanhita was one of three criminal bills brought forward to reform India's outdated criminal justice system. BNS aims to modernise outdated laws and simplify the rules. Additionally, BNS focuses on the rights of the victims, making it a more victim-centric approach.
Comparison Between BNS And IPC
The Bhartiya Nyaya Sanhita maintained many laws as the same however introduced various notable changes in the penal laws of India such as removal of the offence of sedition, strengthening of sexual harassment laws, etc.
Read “Must Know Changes Brought In By BNS In 2024, Law Replacing IPC” to know about all changes.
What Is Section 498A?
The section says:
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine.”
If a husband or a relative of the husband abuses the wife, causing visible injuries and pain, then such acts of physical cruelty are punishable under Section 498A.
Key Highlights Of Bhartiya Nyaya Sanhita
The Bhartiya Nyaya Sanhita has the following highlights:
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The BNS adds community service as a form of punishment.
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Sedition is no longer considered an offence.
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Addition of terrorism as an offence.
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Organised crimes such as kidnapping and cybercrime have been added as offences.
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The murder of people by five or more people based on caste, language, or personal belief has been considered an offence with a penalty of seven years to life imprisonment or death.
Controversies And Reforms:Misuse Of Section 498A
Under Section 498A of the IPC, a lot of married women used the law to wrongfully hold their husbands accountable for abuse. They misused Section 498 the law to get support from the police as well.
The Supreme Court has ruled that married women cannot frame their husbands for abuse under BNS. The BNS will protect the husband and his relatives against such accusations and will not blindly believe the wife.
Misuse Of Section 498 A: A Case Study
A woman misused Section 498A and filed a case against her husband, his parents, and his siblings. However, the court concluded that the allegations were vague and did not have any proof of any criminal behaviour.
Justice J. B. Pardiwala and Manoj Mishra said, “Police machinery cannot be utilised to hold a husband to ransom so that he could be squeezed by the wife at the instigation of her parents, relatives, or friends.”
Justice Pardiwala also said that police machinery should be a last resort measure for only genuine cases of cruelty and harassment. The police decided to drop the charges citing misuse of Section 498 A..
Read and learn more about the misuse of Section 498A and its impact on Indian society.
Core Issue With Sections 85 And 86 Of The BNS
The major issue in the Bhartiya Nyaya Sanhita is that instead of modifying and revamping Section 498 A in the BNS, it is reproduced in the same language and with the same provisions in form of Section 85 and 86. This way, the issue surrounding the misuse of Section 498 A has not been solved.
Impact Of BNS On Indian Society
The BNS in the form of new penal laws is expected to change the outlook of punishment and various other laws as well. The impact can only be evaluated after it has been effectuated, however, the BNS will bring about a change for the better. Community service as punishment will reflect reforms in the punitive system.
Conclusion
The Bhartiya Nyaya Sanhita has replaced colonial and archaic laws in the form of Indian Penal Code. While mostly the laws have been kept as it is, some positive changes have been brought in the new Act.
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