What Is Bhartiya Nyay Sanhita 2023?

In order to meet the demands of the people in the modern world, this bill has been raised to introduce some changes in the Indian judicial system. To ensure all the citizens can access the rights, such that it has greater efficiency and is transparent in the way it administers justice currently. 

In response to replacing the existing penal code of India, the new legal code is proposed named, “Bhartiya Nyay Sanhita”. Home Minister of India, Mr Amit Shah in August 2023 introduced this bill.

It promises to change certain things in the legal system including strengthening the judiciary independence, enforcing provisions to safeguard children and women from violence, aiding in making the process of receiving justice for the victims of the crime incident has been made easier, and revoking the sedition law has been made, to name a few. 

The highlights of the new bill

Here are a few of the changes that the Bharatiya Nyay Sanhita bill proposed in Lok Sabha made in 2023. 

Changes in the sedition act 

Sedition means an individual making an action that threatens the government. To which the law earlier could sentence the guilty person to life imprisonment or prison for 3 years with a fine as per IPC section 124 A. Now as per the BNS bill’s 150 provision, it ensures the threatening act is taken seriously and takes extra additional measures to safeguard the security of the nation. 

The clarity in defining terrorism

Now clarity is attained in identifying the acts that come under territorism as it is defined in the BNS bill clearly. Terrorism is defined such that, the terrorist is the one who threatens the nation’s integrity being within India or outside India. It also implies the one who threatens the public of the nation. 

Countering the act of mob lynching 

Mob lynching refers to an act when a crowd attacks an individual or kills without lawful authority. As per the BNS bill, the individuals involved in mob lynching will be convicted to death or have to serve imprisonment for 7 years or for life. This act is to safeguard the citizens and curb the act of mob lynching.

Empowering the rights of women

The exploitation of any woman with deceiving intentions be it in the case of marriage promotions or job offers is now considered a criminal act. 

Revising the defamation

In the BNS bill, defamation is redefined and there are new penalties with regard to it. With defamation as a crime, the guilty person can be sentenced to prison for 2 years with a fine or get community service done. This change is trying to implement a reasonable punishment for the crime in order to protect the victim’s reputation. 

Decriminalizing the adultery 

Having a relationship with someone other than the spouse is what adultery stands for. It was earlier called a criminal offense but now under the BNS bill, it is no longer considered a criminal offense. This decision is made by the Supreme Court giving it a right-based perspective to have individual freedom in relationships. 

Exception on marital rape

With numerous debates on the subject, this discussion is retained as an exception to consider in a marriage setup certain situations can’t be legally treated as rape. Yet they have retained this matter to make comprehensive changes in this issue to handle it sensitively. As there are different views or opinions about the matter to make any firm stance on it. 

Action on snatching

The person who snatches other’s property or a possession is called snatching which is again a theft. For this crime, there is a sentence of imprisonment up to 3 years or liable to pay a fine. 

To the act of suicide 

In the situation where an individual decides to commit suicide to restrain an individual working in government will be imprisoned for a year or has to pay a fine or serve both the penalties or do a community service, which is a punishment they must undergo. 

The wrap 

The new initiative is to approach the matter in a rehabilitative yet restorative way to the punitive practices followed earlier. Except for the mentioned changes, there are many other changes that have been made in the bill to improve the efficiency of achieving justice faster in criminal matters.

Amit Shah stressed that the point is not to punish but to give justice to one and all. In order to protect citizens from crime, it inevitably puts the person in guilt under punishment.