BHARATIYA NYAYA SANHITA IN PLACE OF INDIAN PENAL CODE
The Law Commission of India in its various Reports had recommended section-specific amendments in the criminal laws. Also, Committees like Bezbaruah Committee, Vishwanathan Committee, Malimath Committee, Madhawa Menon Committee, etc. made recommendations for section- specific amendments in the criminal laws and general reforms in criminal justice system. The Department–related Parliamentary Standing Committee on Home Affairs, in its 111th(2005), 128th (2006) and 146th (2010) Reports, recommended for a comprehensive review of the Criminal Justice System of the country by introducing a comprehensive legislation in Parliament rather than bringing about piece-meal amendments in respective Acts. Accordingly, the Ministry of Home Affairs had undertaken the comprehensive review of criminal laws i.e. the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 with a view to provide accessible and affordable justice to all and create a legal structure which is citizen centric. The above three Acts have been repealed and replaced by three new laws namely, the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023 respectively. In the Bharatiya Nyaya Sanhita (BNS), 2023, for the first time, the provisions relating to crime against woman and child have been given precedence and placed under one Chapter. Strict punishments up to death sentence have been provided for the offences against women. Punishment for gang rape of a woman below the age of 18 years is life imprisonment till remainder of the convict’s natural life or death. A new offence for having sexual intercourse on false promise of marriage, employment, promotion or by concealing identity, etc. has also been incorporated in BNS. Main provisions related to protection of woman in the new Criminal Laws are given in Annexure. ***** Annexure Provisions for protection of Women and Children This was stated by the Minister of State in the Ministry of Home Affairs Shri Bandi Sanjay Kumar in a written reply to a question in the Rajya Sabha. ***** RK/VV/ASH/RR/PR/PS The Law Commission of India in its various Reports had recommended section-specific amendments in the criminal laws. Also, Committees like Bezbaruah Committee, Vishwanathan Committee, Malimath Committee, Madhawa Menon Committee, etc. made recommendations for section- specific amendments in the criminal laws and general reforms in criminal justice system. The Department–related Parliamentary Standing Committee on Home Affairs, in its 111th(2005), 128th (2006) and 146th (2010) Reports, recommended for a comprehensive review of the Criminal Justice System of the country by introducing a comprehensive legislation in Parliament rather than bringing about piece-meal amendments in respective Acts. Accordingly, the Ministry of Home Affairs had undertaken the comprehensive review of criminal laws i.e. the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 with a view to provide accessible and affordable justice to all and create a legal structure which is citizen centric. The above three Acts have been repealed and replaced by three new laws namely, the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023 respectively. In the Bharatiya Nyaya Sanhita (BNS), 2023, for the first time, the provisions relating to crime against woman and child have been given precedence and placed under one Chapter. Strict punishments up to death sentence have been provided for the offences against women. Punishment for gang rape of a woman below the age of 18 years is life imprisonment till remainder of the convict’s natural life or death. A new offence for having sexual intercourse on false promise of marriage, employment, promotion or by concealing identity, etc. has also been incorporated in BNS. Main provisions related to protection of woman in the new Criminal Laws are given in Annexure. ***** Annexure Provisions for protection of Women and Children This was stated by the Minister of State in the Ministry of Home Affairs Shri Bandi Sanjay Kumar in a written reply to a question in the Rajya Sabha. ***** RK/VV/ASH/RR/PR/PS