The Parliament has passed the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023.
Bharatiya Nyaya (Second) Sanhita, 2023
- The Bharatiya Nyaya (Second) Sanhita, 2023 seeks to replace the Indian Penal Code (IPC), 1860, which is the principal law on criminal offence in India.
- Under the Bharatiya Nyaya (Second) Sanhita, 2023 will have 358 sections instead of earlier 511 sections.
- The new bill adds community service as a form of punishment.
Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
- The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 seeks to replace the Criminal Procedure Code, 1973 (CrPC).
- Under the news Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, there will be 531 sections in CrPC, whereas earlier there were only 484 sections.
- The CrPC provides for the procedure for arrest, prosecution, and bail.
Bharatiya Sakshya (Second) Bill, 2023 (BSB2)
- The Bharatiya Sakshya (Second) Bill, 2023 (BSB2) replaces the Indian Evidence Act, 1872.
- Under the Bharatiya Sakshya (Second) Bill, 2023 (BSB2), will have 170 sections instead of earlier 167 sections.
- The Act governs the admissibility of evidence in Indian Courts. It applies to all civil and criminal proceedings.
- The provision has been made in these legislations to digitise the entire process from FIR to case diary, case diary to charge sheet and charge sheet to judgment.
Community service as one of the punishments
- Under the Section 354(2) of the Bharatiya Nyaya (Second) Sanhita, 2023, the central government, for the first time in the country, has proposed to introduce community service as one of the punishments for “petty” offences, including for criminal defamation.
- Some of the other penal provisions where community service has been mulled as one of the punishments relate to public servants unlawfully engaging in trade; non-appearance in response to a proclamation notice; for a theft of properties valued at less than ₹5,000 which has been made good for by the convict; and trespass in an intoxicated state.
- In India, the Juvenile Justice Act is the only statute that prescribes community service as a form of punishment.
- Section 18(1)(c) of this Act provides that a delinquent in conflict with the law can be awarded community service if the Juvenile Justice Board deems it proper.
New crimes
- Attempts to commit suicide: The Bharatiya Nyaya (Second) Sanhita, 2023 introduces a new provision that criminalises “whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty”, and prescribes a jail term which may extend to one year with community service.
- Terrorism: The BNS brings terrorism under the ambit of ordinary criminal law. For the first time, tackling organised crime is brought under the realm of ordinary criminal law.
- Mob lynching: The BNS provisions codify offences linked to mob lynching and hate-crime murders, for cases when a mob of five or more individuals commits murder based on factors such as race, caste, community, or personal belief. The provision has punishment that extends from life imprisonment to death.
