FROM IPC TO BHARTIYA NYAYA SAHINTA:- EVOLUTION OR MERE RENAMING?

Shivangi Sharma, Student, Himachal Pradesh National Law University

Indian legal system is accomplishing a notable flip-flop with the initiation of the Bhartiya Nyaya Sanhita (BNS), 2023, to replace the Indian Penal Code (IPC), 1860. The Indian Penal Code, which was formulated during the age of colonialism, has been the substructure of criminal law in India for more than 160 years. BNS looks forward to revising this obsolete Code to address the needs of modern India in a better way.

But, the move from IPC to BNS gives rise to an important question that is:

Does the BNS signify genuine reforms, or is it simply a shallow Renaming?

At the outset, Indian Penal Code was established in 1860 by the British governing system, led by Thomas Babington Macaulay. The Code was directed to produce a united criminal system in all the parts of British India. Although this was a remarkable move to approach an organized legal system, but the prime motive of the IPC was to maintain colonial authority instead of to ensure justice for the Indian people.

Features of IPC :

As IPC was written in the mid-19th century, it comprised of such terms, phraseology and definitions that became out-of-date as society developed.
The Code concentrated on grave,deterrent penalties instead of rehabilitative justice, coordinating with the colonial aim of implanting fear in the people.
The IPC focused on punishing offenders over addressing the needs and rights of the victims.
Laws such a section 124A which was sedition and section 295A offenses against religion were planned to just maintain public order and to cover up disagreements, often at the cost of individual freedoms.

Notwithstanding it’s loopholes , the IPC has been an essential part of India’s criminal justice system since independence. Over recent years, several amendments and judicial interpretation have looked about for alignment with the democratic and constitutional values of a free India.

Why reform was necessary?

The IPC acquired a general belief for it’s lengthy trials and delays. These sort of procedural disorganization many a time resulted in justice being either denied or compromised.
Quite a few offenses were unclear or mirrored outdated customary practices.
Sedition and blasphemy received criticism for their potential mistreatment of freedom of expression . These laws weer in abbrogation of Articles 19 and 21.
No appropriate compensation,protection or psychological support was given to the victims under IPC.
As IPC is deep seated in colonial era supremacy, has struggled to cope up with the developments.

The Bhartiya Nyaya Sanhita 2023, points to correct the past issues and align criminal law with the real word of modern India. Some reforms introduced are as follows:

There is elimination of section 124A from IPC, this said section has faced objections for it’s misuse, and now with it’s removal it shows a significant step taken towards freedom of speech.
Now under BNS more victims centric provisions are inculcated
Some modern offenses like organized crime, identity theft and provisions to tackle cyberstalking throws light as to how there has been efforts to tackle contemporary criminal issues.
To make laws understandable and accessible the BNS focused on employing clear and simple language.
The BNS propose to implement strict timeliness for investigations and trials so to minimize delays in the judicial process.
BNS also presents community service as an replacement to imprisonment for specific offenses.

EVOLUTION OR COSMETIC CHANGE?

Despite of the changes that BNS has introduced, it has been criticized for nurturing substantive and structural similarities with the IPC.

Even in BNS, particularly the provisions that relates to public order and section, still continues to reflect the colonial mindset where state authority was given more priority than the rights of individuals.
There are social and gender gaps in BNS as it doesn’t sufficiently address the issues such as marital rape and the protection of LGBTQ+ individuals, signifying restricted understanding of the changing needs of the society.
BNS on one hand has introduced community service as a positive step, but on the other hand there can be seen limited focus on rehabilitation .
BNS just as IPC contains vague and broadly defined provisions that could be misused. There can be possible ambiguities in implementation.
The terms of many offenses has been changes and they have been renamed, but when seen in depth the core definitions and the penalties have not significantly changed. To cite, “rape” still doesn’t include marital rape, which is a significant gap in the pursuit of gender justice.

COMPARATIVE ANALYSIS:

Characteristic	Indian Penal Code (IPC)	Bhartiya Nyaya Sanhita (BNS)
Language	Obsolete legal jargon	For accessibility the language is made simplified
Sedition	Criminalized under section 124A IPC	Sedition has been removed but is replaced with similar provisions
Emerging crimes	Insufficiently addressed the crimes in the modern world	Inclusion of provisions for organized crime and cyber crime
Victim protection	Limited focus	Enhanced protection and compensation to the victims
Punishments	Mainly the punishments were punitive	Inclusion of community service as a reformative measure

Conclusion: A Step Forward, But Not a Leap

The Bhartiya Nyaya Sanhita marks a significant move towards modernization, focusing on victim rights, procedural efficiency, and new types of crimes. However, its dependence on the structure of the IPC and the retention of colonial-era principles suggest that the changes may not be as groundbreaking as they seem.

For the BNS to truly signify progress, it needs to go beyond superficial adjustments. This means thoroughly addressing gender justice, prioritizing rehabilitation, and ensuring that laws are in tune with the realities of a diverse, contemporary society. Only then can the shift from IPC to BNS be recognized as a substantial reform, rather than just a rebranding.

REFERENCES

1.K.D. Gaur, Indian Penal Code 112 (6th ed. 2023).

2. Ratanlal & Dhirajlal, The Indian Penal Code 215 (36th ed. 2023).

3. From IPC to BNS: A Comparative Analysis, 10 Int’l J. Legal Stud. 1 (2022), .

4. Revisiting Colonial Constructs in Contemporary Legal Frameworks, Paper presented at the South Asian Law Conference (2022).

5. IPC vs. BNS: A Comparative Legal Analysis, Paper presented at the Annual Legal Studies Conference (2023).

6. LexisNexis, Case Studies on IPC and BNS.

7. Government of India, Indian Penal Code (Amendments), Ministry of Law and Justice (2021).