Introduction:
Several years ago, Bhartiya Dand Sahita, also known as the Indian Penal Code, underwent a transformation, and finally, in 2023, it emerged as Bhartiya Naya Sahita. The original code, evident from its name, was centered around the principle of administering punishment, reflecting a consequence for disobedience when the British enacted a law. However, in 2023, a significant shift occurred, renaming the law to Bharti Naya Sehita, now emphasizing the paramount goal of delivering justice to the people. This transformation brought about substantial alterations, making Bharti Naya Sehita distinct from the Indian Penal Code (IPC).
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Brief:
Before delving into the notable changes, let’s explore some obstacles, shedding light on the evolution of criminal law. Bharti Naya Sehita introduces 21 new offenses previously unrecognized as crimes. Moreover, 19 provisions existing in the IPC have been addressed, and 33 offenses now face an increased penalty provision. Additionally, 83 offenses experience heightened fine punishments, and 23 new offenses mandate a minimum punishment.
Major Changes:
- Amendments involve increasing minimum punishments and introducing community service as a form of penalty.
- Specific provisions for sexual offenses against women and children are highlighted, with a dedicated chapter for these offenses.
- Marital rape laws are discussed, addressing cases involving deceitful means or false promises of marriage.
- Another major change is regarding sexual offences at the work place by employer .
- Changes in Section 377 of the IPC, partially striking down laws related to unnatural offenses involving men.
- Organized crime laws are addressed, focusing on the recognition and punishments for offenses committed by group syndicates.
- Amendments aim to protect integrity, sovereignty, and economic security, particularly concerning terrorist activities.
- Recognized mob lynching
- Another major change is regarding Hit and Run case
- For the first time snatching has been added as a crime in the BNS.
The speaker references Supreme Court judgments and specific IPC sections to illustrate the legal changes discussed. The discussion emphasizes the intention to strengthen laws related to sexual offenses, organized crime, and national security. Overall, the amendments represent significant updates to the IPC, focusing on addressing and punishing various criminal activities.
Conclusion:
In conclusion, the transformation of Bhartiya Dand Sahita into Bhartiya Naya Sahita marks a pivotal juncture in legal history, shifting from a punitive-focused approach to one that prioritizes delivering justice. The renaming in 2023 reflects a nuanced perspective that goes beyond mere punishment, highlighting the law’s commitment to serving the people with fairness and equity.
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