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The Group Discussion topics in top MBA colleges like IIMs, XLRI, MDI, FMS are more and more getting associated with current affairs, social and economic issues. One of such GD topics that is making rounds in B-school admission process, class-1 and class-2 services recruitment process, is recently introduced ‘Bhartiya Nyaya Sanhita (BNS)’ which has replaced the British era Indian Penal Code (IPC). The arguments forwarded for and against are many and the process of discussion brings new avenues of positive and negative impacts on whether the BNS brings some substantial changes in Indian Law or remains simply an old wine in new bottle. Shared below is the solved GD topic, with the key facts and arguments on the BNS
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What is Bhartiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya Sanhita (BNS) is the recent official Criminal Code in India passed by the Parliament of India in December 2023. It came into effect on 1 July, 2024 and has replaced the Indian Penal Code (IPC). The Indian Penal Code (IPC), 1860 has remained the principal law on criminal offences in India till the BNS came into effect. Several Law Commission reports had recommended amendments to the IPC on subjects including offences against women, food adulteration, death penalty. Accordingly, The Bharatiya Nyaya Sanhita (BNS) was introduced on August 11, 2023 to replace the IPC. It was examined by the Standing Committee on Home Affairs. The Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2) was introduced on December 12, 2023 after the earlier Bill was withdrawn. It incorporates certain recommendations of the Standing Committee. The BNS2 largely retains the provisions of the IPC, adds some new offences, removes offences that have been struck down by courts, and increases penalties for several offences.
Bhartiya Nyaya Sanhita (BNS): Chronology of Events
Why Bhartiya Nyaya Sanhita is Introduced? Need for BNS
The BNS aims to change the law's focus from punishment to justice and to remove colonial influences. It also introduces new approaches to penalties and punishments for crimes. The Key Highlights why BNS has been introduced, are:
Coming Out of Colonial Influence: In 1834, the East India Company established an Indian Law Commission for the creation of a Penal Code. The Bill for the IPC was passed on 06-10-1860 and it came into force on 01-01-1862. The BNS was introduced to repeal the IPC and to consolidate and amend the provisions relating to the offences. Keeping up with the need for change, offences under various provisions, such as the Section 377, Section 124-A, Section 309, of the IPC do not find any place. Offences such as hit and run matters, have been recognised, embarking a positive move under Section 106 of the BNS and the punishment is enhanced to 10 years. As such, BNS ends the colonial mind set and introduces new set of laws.
Consolidation and Streamlining: The BNS consolidates the scattered provisions from the Indian Penal Code (IPC), reducing the number of Sections from 511 to 358
Easy to Understand: Unlike the provisions of IPC, the present BNS is the Sanhita of a layman, which can be easily understood.
Simple Language and Definitions: Outdated and colonial language has been removed, and uniform terms have been adopted. “Minor” has been replaced with “child” and “insane” with “person with unsound mind”.
Expanded Jurisdiction: Section 48 of the BNS has extended jurisdiction to criminalize abetment outside India, broadening the scope of legal enforcement.
New Categories of Offence: BNS introduces ‘organised crime’ and ‘petty organised crime’ as central offences for the first time under Sections 111 and 112. ‘Terrorist act’ has been brought under Section 113.
Gender Neutrality: Assault or use of criminal force to woman with intent to disrobe her and Voyeurism has been made gender neutral under Sections 76 and 77 of the BNS, 2023. The offence relating to importation of a person from foreign country has been made gender neutral to cover both boys and girls in Section 141 of the BNS, 2023
Bhartiya Nyaya Sanhita (BNS): Not the Old Wine in New Bottle
Bhartiya Nyaya Sanhita (BNS) is Not the old wine in new bottle and has changed the provisions as were there in Indian Penal Code (IPC). In fact, the BNS has brought with it the new provisions of law, new offences under the law, and different types of punishments. It is much more wider and covers many such offences which were not taken into account under IPC and also removes some offences from punishable category.
In the BNS, 20 new offences have been added
New Offences under BNS
Following are the important new punishable offences under Bhartiya Nyaya Sanhita
Community Service Added as Form of Punishment: The Bharatiya Nyaya (Second) Sanhita (BNS2) retains most offences from the IPC. It adds community service as a form of punishment.
Offences against the body: The IPC criminalises acts such as murder, abetment of suicide, assault and causing grievous hurt. The BNS2 retains these provisions. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds
Terrorism – A Serious Offence: The BNS2 adds terrorism as an offence. It is defined as an act that intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people. Terrorism as per Bhartiya Nyaya Sanhita includes an act that intends to: (i) threaten the unity, integrity, security or economic security of the country, or (ii) strike terror in the people or any section of people in India. Punishment for attempting or committing terrorism includes: (i) death or life imprisonment, and a fine, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine
Organised crime: Organised crime has been added as an offence. Organised crime includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate. Petty organised crime is also an offence now. Attempting or committing organised crime will be punishable with: (i) death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine of at least five lakh rupees.
Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud.
Offences against the state: The BNS adds a new offence for acts endangering India's sovereignty, unity and integrity.
Offences against the public: The BNS adds new offences such as environmental pollution and human trafficking.
Mob Lynching: Murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal belief will be an offence with penalty life imprisonment or death, and with a fine. The BNS2 also adds grievous hurt by five or more people on specified grounds, as an offence. These grounds include race, caste, sex, language, or personal belief.
Sexual offences against women: The BNS2 retains the IPC provisions which criminalise the acts such as rape, voyeurism, stalking and insulting the modesty of a woman. It increases the threshold for the victim to be classified as a major, in the case of gangrape, from 16 to 18 years of age. It also criminalises sexual intercourse with a woman by deceitful means or making false promises.
Dropped Offences in BNS
Sedition: The BNS2 removes the offence of sedition. It instead penalises the following: (i) exciting or attempting to excite secession, armed rebellion, or subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering the sovereignty or unity and integrity of India. These offences may involve exchange of words or signs, electronic communication, or use of financial means.
Attempt to commit suicide: The attempt to commit suicide has been deleted from the BNSS, in line with the Mental Health Care Act, 2017.
Conforms to Rulings of the Supreme Court: The BNS2 conforms to some decisions of the Supreme Court. These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict.
BNS is Similar to IPC in Many Ways: Not Much is New
Many law experts and opposition leaders have criticised the Bhartiya Nyaya Sanhita and have termed it similar to IPC. Key areas of similarities in IPC and BNA are:
The ‘nyaya’ signifies social justice. The present BNS transitions from the idea of punitive to nyaya and restrains deterrence aspect, introducing provisions which focus on providing justice to all stakeholders. The aspect of Nyaya is visible through the transition from the retributive to reformative approach. Several punishments have been balanced, enhancing some of the sentences and posing of minimum statutory sentencing pattern. The introduction of the ‘community service’ as a form of punishment under Section 4 has been a step in the right direction.
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