LEGAL CURRENT AFFAIRS BY NATURAL
JUSTICE LINK 🖇️
LEGAL CURRENT AFFAIRS BY
NATURAL JUSTICE LINK 🖇️
Recently, the Bharatiya Nyaya (Second) Sanhita (BNS) has received Presidential
assent, and it will replace the 163-year-old Indian Penal Code. However, the
Central government is yet to notify the date of enforcement.
In Rajya Sabha, the three bills ( Bharatiya Nyaya (Second) Sanhita, the Bharatiya
Nagarik Suraksha (Second) Sanhita, to replace the Code of Criminal Procedure,
and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian
Evidence Act.) were passed through a voice vote after being moved by Union
Home Minister Amit Shah.
On December 12, the Centre reintroduced the three revised criminal bills,
including the BNS, in the Indian parliament’s lower house, withdrawing the
previous versions introduced in August.
In addition to reordering the sequence of section numbers for offences assigned
in the IPC, the following significant amendments have been introduced in the
penal law by BNS.
Community Service As Form Of Punishment
Community service has been introduced as a form of punishment under Section
4, although it has not been defined what community service entails. For
offences such as attempting suicide to compel or restrain the exercise of lawful
power, defamation, misconduct in public by a drunken person, and failure to
appear at the specified place and time as required by a proclamation published
under sub-section (1) of section 84 of the BNS, 2023, community service can be
awarded in addition to the prescribed punishment.
Offences Against Woman And Child
The new BNS adds Chapter V naming “Of Offences Against Woman and Child Of
Sexual Offences”. All the offences relating to woman and child have been placed
under one chapter in the beginning of the Code, which was earlier spread under
various chapters and parts.
Marital Rape With Minor Wife Is Offence
As per exception of Rape which is Section 63 of BNS, sexual intercourse or sexual
acts by a man with his own wife, where the wife is not under eighteen years of
age, would not be rape. However, under IPC, the age of wife to not to constitute
rape was “fifteen years”.
In 2017, the Supreme Court in the judgment Independent Thought v. Union of
India, (2017) 10 SCC 800 had read ‘fifteen years’ in Exception 2 to Section 375
IPC as ’18 years’ so as to bring sex with a minor wife within the ambit of the
rape offence.
Sexual Intercourse By Employing Deceitful Means, etc.
BNS introduces sexual intercourse by employing deceitful means, etc as offence.
Section 69 states that whoever, by deceitful means or by making promise to
marry to a woman without any intention of fulfilling the same, has sexual
intercourse with her, such sexual intercourse not amounting to the offence of
rape, shall be punished with imprisonment of either description for a term
which may extend to ten years and shall also be liable to fine.
Enhanced Punishment In Case Of Gangrape Of Victim Of Under 18 Years Of Age
As per Section 70, where a woman under eighteen years of age is raped by one
or more persons constituting a group or acting in furtherance of a common
intention, each of those persons shall be deemed to have committed the offence
of rape and shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and with fine, or
with death.
It is pertinent to note that, under Section 376DA IPC, the enhanced punishment
was prescribed for the victim under sixteen years of age.
Printing or Publishing Trial Court Proceeding Relating To Sexual Offences
Without Permission Of Court Is An Offence
Section 73 adds that printing or publishing any matter in relation to any
proceeding before a Court with respect to offence realting to rape, sexual
intercourse by husband upon his wife during separation, sexual intercourse by
person in authority, Sexual intercourse by employing deceitful means, etc, gang
rape, without the previous permission of such Court shall be punished with
imprisonment of either description for a term which may extend to two years
and shall also be liable to fine.
It is also clarified in explanation that the printing or publication of the judgment
of any High Court or the Supreme Court does not amount to an offence within
the meaning of this section.
Section 377 Deleted, but Unnatural Intercourse Against Men or Bestiality No
Longer Offences Under BNS
It is pertinent to note that in landmark ruling of Apex Court in Navtej Singh
Johar, where a bench of five judges of the Supreme Court partially struck down
Section 377 IPC, which criminalised consensual carnal intercourse, however
forced intercourse with an adult male is an offence, and also bestiality.
The BNS has completely deleted the offence, implying that forcible carnal
intercourse against a man and bestiality are no longer offences under BNS.
Offence Of Adultery Omitted
In view of Apex Court’s judgement in Joseph Shine’s case the offence of Adultery
has been deleted, however, second BNS retains Section 498 of the IPC (Section
84) which penalises a man for enticing the wife of another man so that she may
have intercourse with any person.
Organised Crime
The new law has added organised crime under Section 111, and if the crime
results in the death of any person, maximum prescribed punishment is death
penalty.
The organised crime is defined as “Any continuing unlawful activity including
kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing,
economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit
goods or services, human trafficking for prostitution or ransom, by any person or
a group of persons acting in concert, singly or jointly, either as a member of an
organised crime syndicate or on behalf of such syndicate, by use of violence,
threat of violence, intimidation, coercion, or by any other unlawful means to
obtain direct or indirect material benefit including a financial benefit, shall
constitute organised crime.” It also defines organised crime syndicate,
continuing unlawful activity, economic offence.
Punishment Prescribed For Committing Organised Crime.
If such offence has resulted in the death of any person, be punished with death
or imprisonment for life, and shall also be liable to fine which shall not be less
than ten lakh rupees.
In any other case, be punished with imprisonment for a term which shall not be
less than five years but which may extend to imprisonment for life, and shall
also be liable to fine which shall not be less than five lakh rupees.
Punishment For Being A Member of an Organised Crime Syndicate
Any person who is a member of an organised crime syndicate will be punished
with imprisonment for a term which shall not be less than five years but which
may extend to imprisonment for life, and can also be liable to fine which will not
be less than five lakh rupees
Petty Organised Crime
BNS has also added Petty Organised Crime under Section 112, which states that
whoever, being a member of a group or gang, either singly or jointly, commits
any act of theft, snatching, cheating, unauthorised selling of tickets,
unauthorised betting or gambling, selling of public examination question papers
or any other similar criminal act, is said to commit petty organised crime.
Punishment prescribed for committing any petty organised crime is
imprisonment for a term which shall not be less than one year but which may
extend to seven years, and shall also be liable to fine.
Terrorist Act
A major development brought about by the criminal law amendment is the
addition of the “Terrorist Act,” which did not find a place in the IPC.
The wider definition of the offence of “terrorist act” is given, compared to the
initial version of the bill introduced in August.
Acts done with the intent of threatening or likely to threaten the “economic
security of India”, which cause or likely to cause “damage to the monetary
stability of India by way of production or smuggling or circulation of counterfeit
Indian paper currency, coin or of any other material” are also brought under the
ambit of “terrorist act”.
Besides, acts threatening or likely to threaten the unity, integrity, sovereignty,
security of the country or striking terror in the minds of people are also covered
under the offence. These acts include death or damages to properties caused by
use of bombs, explosives, firearms, or other lethal weapons or poisonous or
noxious gases or other chemicals or by any other substance (whether biological,
radioactive, nuclear or otherwise) of a hazardous nature.
The offence is punishable with death, or imprisonment for life. Those who
conspire or attempt to abet or incite such action, or knowingly facilitate the
commission of a terrorist act, could face imprisonment of not less than five
years, extendable to life sentence.
Act Endangering Sovereignty, Unity And Integrity Of India
BNS penalises acts endangering the unity and integrity of India, while sedition
criminalised acts against the government, the BNS replaces the “government”
with the “country”.
Aspects of Sedition have been retained under Section 152 under the new BNS,
which states that whoever, purposely or knowingly, by words, either spoken or
written, or by signs, or by visible representation, or by electronic communication
or by use of financial mean, or otherwise, excites or attempts to excite,
secession or armed rebellion or subversive activities, or encourages feelings of
separatist activities or endangers sovereignty or unity and integrity of India; or
indulges in or commits any such act shall be punished with imprisonment for life
or with imprisonment which may extend to seven years, and shall also be liable
to fine.
Comments Expressing disapprobation of the measures, or administrative or
other action of the Government, with a view to obtain their alteration by lawful
means will not be an offence under this provision.
Mob Lynching
‘Mob lynching’ has been made a separate offence under the BNS, with a
maximum punishment of death penalty.
“When a group of five or more persons acting in concert commits murder on the
ground of race, caste or community, sex, place of birth, language, personal belief
or any other similar ground each member of such group shall be punished with
death or with imprisonment for life, and shall also be liable to fine,” states
Section 103.
Lesser Punishments To Doctors For Causing Death By Negligence Vis-à-vis Other
Offenders
The new BNS under Section 106, has carved out a special classification for
doctors in relation to the punishment for causing death by medical negligence.
While the Sanhita enhances the punishment for causing death by negligence to
imprisonment up to 5 years, if such death is caused by a doctor, then the
punishment is imprisonment up to 2 years.
Under Section 304A of the IPC, causing death by negligence is punishable with
imprisonment up to 2 years, or a fine, or with both. There is no separate
classification for doctors in Section 304A IPC.
Stringent Punishment For Hit and Run Cases
It also prescribes stringent punishment for ‘hit and run’ cases. If a driver causes
the death of a person by rash and negligent driving and “escapes without
reporting it to a police officer or a Magistrate soon after the incident, shall be
punished with imprisonment of either description of a term which may extend
to ten years, and shall also be liable to fine.”
Introduced Snatching As A Distinct Offence
Section 304 of BNS states that theft is snatching if, in order to commit theft, the
offender suddenly or quickly or forcibly seizes or secures or grabs or takes away
from any person or from his possession any movable property.
Snatching is punishable with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
Attempt To Suicide Is No Longer An Offence
Section 309 of the IPC enforced punishment for an attempt to commit suicide,
this stringent provision did not find a place under BNS and has been completely
deleted. However, Section 226 of BNS criminalises the attempt to commit
suicide to compel or restrain the exercise of lawful power, punishable with
simple imprisonment for a term that may extend to one year, or with a fine, or
with both, or with community service.
Significant Increase in Fine: Negligent Omission of Measures with Animals Now
Up to Five Thousand Rupees
The fine for negligently omitting to take measure with an animal in possession
has been enhanced, from one thousand under IPC to five thousand rupees (
Section 291).
Transgender Included In Definition Of Gender
Section 10 of BNS defines “gender” which states that the pronoun “he” and its
derivatives are used of any person, whether male, female or transgender.It
explains that “transgender” shall have the meaning assigned to it in clause (k) of
section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
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