The Bharatiya Nyaya Sanhita needs a relook

GS-2 Indian Constitution-Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Context

The Bharatiya Nyaya Sanhita, 2023 proposed bill, will enhance India's criminal justice system.

Additional dialogues are necessary in a number of areas to ensure consistency, clarity, and effectiveness in handling particular offences.


Central Idea

The government's recent submission of three penal laws to the Lok Sabha with the aim of decolonizing the Indian justice system is an important development in the field of legal reform. Although this endeavour is noble, it is crucial to remember that the process of passing law and reform necessitates careful consideration and empirical validation.


Bharatiya Nyaya Sanhita Bill

· This bill aims to replace the current Indian Penal Code (IPC) of 1860.

· The IPC describes what constitutes a crime, how it's broken down, and what penalties go along with it.

· The Bharatiya Nyaya Sanhita Bill seeks to reform and modernise the criminal laws to better reflect shifting societal values and democratic aspirations.


Critical analysis of the Provisions

Sedition

• Instead of sedition (Section 124A IPC), a new offence termed "Acts endangering sovereignty, unity, and integrity of India" will be established by the proposed law.

•Despite the fact that this alteration may seem positive, it is important to define "subversive activities" precisely to avoid misunderstandings and government exploitation.

Acts of Terrorism

• Although the Unlawful Activities (Prevention) Act (UAPA) of 1967 provided as the basis for the Sanhita's definition of "terrorist act," it contains vague language like "to destroy the political, economic, or social structure of the country."

•The inconsistent nature of the UAPA may occasionally result in issues. For instance, in addition to being named as such in the First Schedule to the UAPA, the word "terrorist organisation" is precisely defined in the sanhita.

Organised offence

· The phrase "organised offence" has been used to define a brand-new offence, however several of the rules still need to be strengthened. For instance, the definition of "cyber-crimes having severe consequences" is ambiguous, and the criteria for designating a "organised crime syndicate" are not given.

· One of the paradoxes is the designation of small-scale organised crime as a non-cognizable offence.


Community Service

• The availability of community service as a punishment for minor offences is encouraging.


Way Forward

• Role of the Parliamentary Standing Committee: To guarantee that the Sanhita fulfils its intended purposes and allays the difficulties outlined above, the Parliamentary Standing Committee must play a crucial role in closely scrutinising the law. They should connect with government, civil society organisations, and other relevant stakeholders for feedback and improved ideas.

• Public Consultation: Before finalising the legislation, the government should hold public consultations to allow residents to voice their ideas and opinions. As a result of this action, the legislative process would become more transparent, accountable, and democratic.

• Harmonisation with Other Laws: The Sanhita must be harmonised with other laws, such as the UAPA, to prevent conflicts and ensure effective implementation.


Conclusion

The government's effort to reform the Indian justice system is great, but it needs to be backed up by extensive public participation, a careful examination of undesirable behaviour, and a realistic perspective on the difficulty of the law. Through careful consideration and a commitment to justice, the Bharatiya Nyaya Sanhita Bill can effectively decolonize and rejuvenate the Indian legal system.


LTX Mains Question

Q. Discuss the effects of the Criminal Justice Reforms and Bharatiya Nyaya Sanhita 2023 Bill.

{{Mounika Sukhavasi}}

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