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New sections in criminal laws

2nd July, 2024 POLITY AND GOVERNANCE

New sections in criminal laws

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Context:

  • The three new criminal laws came into effect on July 1.

Details:

  • The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) will replace the Criminal Procedure Code (CrPC); the Bharatiya Nyaya Sanhita (BNS) will replace the Indian Penal Code; and the Bharatiya Sakshya Adhiniyam will replace the Indian Evidence Act.
  • Passed in parliament last year, the government billed it as an effort to remove colonial influences on India’s legal system.

Important changes in the sections in BNS from IPC

  • The BNS has 358 sections, compared to the 511 in the IPC. Therefore, the longstanding numbering of many criminal charges listed in the IPC has changed. For instance, Section 420, which defined cheating, led to the number ‘420’ becoming a catchall and commonly used term for such crimes. It is now listed as Section 318 in the BNS.

Here is a list of some major criminal charges and how they are numbered in the BNS:

Punishment for murder

Previously Section 302 in the Indian Penal Code, the offence is now covered under Section 103 of the Bharatiya Nyaya Sanhita.

Attempt to murder

Previously Section 307 in the Indian Penal Code, the offence is now covered under Section 109 of the Bharatiya Nyaya Sanhita.

Rape

Previously Section 375 in the Indian Penal Code, the offence is now covered under Section 63 of the Bharatiya Nyaya Sanhita.

Gang rape

Previously Section 376D in the Indian Penal Code, the offence is now covered under Section 70 (1) of the Bharatiya Nyaya Sanhita.

Cruelty against a married woman

Previously Section 498A in the Indian Penal Code, the offence is now covered under Section 85 of the Bharatiya Nyaya Sanhita.

Dowry death

Previously Section 304B in the Indian Penal Code, the offence is now covered under Section 80 of the Bharatiya Nyaya Sanhita.

Sexual harassment

Previously Section 354A in the Indian Penal Code, the offence is now covered under Section 75 of the Bharatiya Nyaya Sanhita.

Outraging the modesty of a woman

Previously Section 354 in the Indian Penal Code, the offence is now covered under Section 74 of the Bharatiya Nyaya Sanhita.

Criminal intimidation

Previously Section 503 in the Indian Penal Code, the offence is now covered under Section 351 of the Bharatiya Nyaya Sanhita.

Defamation

Previously Section 499 in the Indian Penal Code, the offence is now covered under Section 356 of the Bharatiya Nyaya Sanhita.

Cheating

Previously Section 420 in the Indian Penal Code, the offence is now covered under Section 318 of the Bharatiya Nyaya Sanhita.

Criminal Conspiracy

Previously Section 120A in the Indian Penal Code, the offence is now covered under Section 61 of the Bharatiya Nyaya Sanhita.

Sedition

Previously Section 124A in the Indian Penal Code, the offence is now covered under Section 152 of the Bharatiya Nyaya Sanhita.

Promoting enmity between different groups

Previously Section 153A in the Indian Penal Code, the offence is now covered under Section 196 of the Bharatiya Nyaya Sanhita.

Imputations, assertions prejudicial to national integration

Previously Section 153B in the Indian Penal Code, the offence is now covered under Section 197 of the Bharatiya Nyaya Sanhita.

Statements conducing to public mischief

Previously Section 505 in the Indian Penal Code, the offence is now covered under Section 353 of the Bharatiya Nyaya Sanhita.

Public nuisance

Previously Section 268 in the Indian Penal Code, the offence is now covered under Section 270 of the Bharatiya Nyaya Sanhita.

All the features of the three criminal laws have been covered in detail here:

https://www.iasgyan.in/sansad-tv-air-summaries/special-three-criminal-laws-to-be-effective-from-july-1

Source

https://indianexpress.com/article/explained/everyday-explainers/new-criminal-laws-cheating-sections-9426322/

PRACTICE QUESTION

Q) Which of the following pairs correctly matches the proposed legislation with its corresponding legal framework it aims to replace?

A) Bharatiya Nyaya (Second) Sanhita, 2023 (BNSS2): Indian Evidence Act of 1872
B) Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2): Code of Criminal Procedure (CrPC)
C) Bharatiya Sakshya (Second) Bill, 2023 (BSB2): Indian Penal Code (IPC)
D) Bharatiya Nyaya (Second) Sanhita, 2023 (BNSS2): Indian Penal Code (IPC)

Answer: D

Explanation:

A) Bharatiya Nyaya (Second) Sanhita, 2023 (BNSS2) is focused on replacing the Indian Penal Code (IPC), not the Indian Evidence Act of 1872.

B) Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) aims to replace the Code of Criminal Procedure (CrPC), aligning with its focus on criminal procedure reforms.

C) Bharatiya Sakshya (Second) Bill, 2023 (BSB2) proposes changes to the Indian Evidence Act of 1872, emphasizing the presentation and admission of evidence, not the penal code.

D) The correct match is Bharatiya Nyaya (Second) Sanhita, 2023 (BNSS2): Indian Penal Code (IPC), as it focuses on replacing and modernizing India's criminal code, which includes provisions related to offenses and penalties.