The Indian Penal Code (IPC) of 1860, which has been the cornerstone of India’s criminal justice system for over a century and a half, is undergoing significant revisions. The draft of the Bharatiya Nyaya Sanhita ,2023 aims to address contemporary challenges, incorporate modern legal principles, and improve the effectiveness of the justice system and it represents a significant overhaul of the existing IPC, which has been in place since 1860. The new code aims to modernize the criminal justice system, align with contemporary societal norms, and address gaps and ambiguities in the old code. Here’s a comparative study of some key aspects of the old IPC and the proposed changes in the new IPC:
| SR.NO | DIFFERENCE | INDIAN PENAL CODE, 1860 | BHARATIYA NYAYA SANHITA ,2023 |
| 1. | Structure and General Overview | Authored by: Thomas Babington Macaulay and his team.Sections: Contains 511 sections divided into 23 chapters.Language: The legal language is somewhat archaic and has become difficult for laypersons to understand. | Aim: To modernize and simplify the language and structure.Sections: Likely to be restructured with more concise and clear language, although the exact number of sections might change based on the final draft.Inclusion of Modern Concepts: Addresses modern crimes and legal concepts that have evolved since 1860. |
| 2. | Specific Changes in Offenses 1. Sedition: 2. Crimes Against Women: 3. Cyber Crimes: | Section 124A defines sedition and has been criticized for its broad and vague language, often used to curb freedom of speech. Contains provisions like Section 375 (rape), which have been amended over time, but still lack comprehensive coverage of various forms of sexual offenses. Cybercrimes were not envisioned in 1860. Provisions related to cyber offenses are scattered in various other laws like the Information Technology Act. | There are suggestions to redefine or even remove the section to prevent misuse and better protect free speech rights. Proposes more stringent and broader definitions of sexual offenses, better addressing issues like marital rape, digital abuse, and stalking. Likely to integrate cyber-crimes comprehensively, providing a clearer legal framework to address crimes in the digital age. |
| 3. | Punishments | The nature and severity of punishments are often seen as outdated, with some punishments being either too harsh or too lenient by modern standards. | Aims to rationalize punishments to make them more proportionate to the crimes committed, incorporating contemporary penological theories. |
| 4. | Procedural Changes | Some procedural aspects in the old IPC are cumbersome and delay justice. | Proposes streamlining procedures to ensure faster delivery of justice, with better clarity on processes related to investigation, trial, and sentencing. |
| 5. | Inclusion of New Offenses | Does not cover many modern offenses such as environmental crimes, corporate frauds, and advanced financial crimes. | Expected to include comprehensive sections on these new-age crimes to ensure that the law keeps pace with societal changes. |
| 6. | Rights of the Accused | The rights of the accused are not extensively covered, leading to potential human rights violations. | Emphasizes protecting the rights of the accused, ensuring fair trials, and preventing custodial torture. |
| 7. | Victim Rights | Victim rights are not explicitly addressed. | Likely to incorporate provisions to safeguard and enhance the rights of victims, ensuring they receive justice and support. |
| 8. | Implementation and Enforcement | The enforcement mechanisms have often been criticized for inefficiency and corruption. | Proposes stronger implementation and monitoring mechanisms to ensure effective enforcement of laws and reduce corruption. |
The new Indian Penal Code aims to bring the criminal justice system in line with contemporary needs and challenges. By addressing the shortcomings of the IPC, it seeks to create a more just, equitable, and efficient legal framework. The final draft of the BNS will reflect the feedback from various stakeholders, including legal experts, policymakers, and the general public, ensuring that it meets the evolving needs of Indian society.
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