Comparative Analysis of Bharatiya Nyaya Sanhita (BNS) and Indian Penal Code (IPC)

~ Vishal Garg

India’s framework of law has been structured around the IPC since 1860, which is an exhaustive statute enacted during the British colonial period. As the social norms, technologies, and patterns of crimes change, the need for updating and revising this basic law started being felt on the increase. Reforms of the Bharatiya Nyaya Sanhita are steps of this kind, comprehensive changes that are aimed at replacing the IPC. This comparative analysis emphasizes the key differences that exist between the two: the BNS and the IPC; it is mainly dependent upon significant changes and their potential influence.

  1. Modernization of Language and Terminology
  • IPC: The Indian Penal Code, written in the mid-19th century, uses far too many forms of language and terminologies that it remains clearly a colonial document. Common terminology can turn out to be a riddle for ordinary mortals and even for advocates such that complexities in court proceedings arise.
  • BNS: The presence of some more weighty changes in the BNS is modernized language. The BNS includes less complicated, vague, and abstract language and more general and understandable to the masses, hence it also makes it clearer what the law says, thus clearing out the ambiguities. This modernization will lessen to any ambiguities and further the cause and effect that comes under the haunches of being needed to be upheld by law.
  1. Expansion and Update of Definitions
  • IPC: Definition of crimes as provided under the IPC was in its introitory reference to the societal context of the 19th century. The provisions in the IPC have in many cases been revised but it has been losing its efficacy for dealing with the modern perpetration of crimes, the most noteworthy being crimes committed as a result of technological advancements.
  • BNS: The BNS expands and updates definitions even to crimes for them to align with more contemporary criminal acts. For example, it makes further provisions to cybercrimes, economic offenses, and offenses towards women and children. To legislate on the many contemporary issues and bridges that have been created over the years in the IPC, the BNS has incorporated them.

 

  1. Sentencing & Punishment
  • IPC: The guidelines of sentencing under the IPC are quite inflexible and, in certain cases, it has even been commented that they are excessive to the very nature of the crime. Some punishments have remained on the statute books for decades and evolutions in a counter manner from then, and hardly are in tune with the standards of human rights and penology.
  • BNS: A flexible proportionate approach is taken in the imposition of sentences under BNS. It is laid down that the punishment meted out has to be proportionate to the seriousness of the offence and to the circumstances of the offender. The BNS must also include more rehabilitative and restorative justice principles that reflect a modern penal philosophy.
  1. Focus on Victim Rights
  • IPC: The IPC is oriented toward the offender itself, focusing more traditionally on the punishment of the offender, with very limited provisions addressing the right and interest of the offender and rehabilitation interests of the victim. Most of the victim compensation and support mechanisms are covered by separate laws or provisions.
  • BNS: There is more consideration and focus on the rights and support for victims within the BNS. The BNS is clear about the standards that should be followed in relation to compensation and rehabilitation of any crime’s victims. This ensures that they are efficiently and timely supported after any incident. Such change attests to better recognition of the place of victims in the criminal system process.
  1. Incorporation of Technological Advancements
  • IPC: The IPC was written at a time when no one would have imagined the kind of technology that we are experiencing. Consequently, the provisions of the IPC do not contain any particular offenses related to digital technologies, posing a challenge in the prosecution of cybercrimes, data breaches, and digital fraud. Even though amendments were carried out and attempts to do so, most of the times the technology has overruled the amendments.
  • BNS: The BNS expressly integrates measures and provisions that cater to technological type of crimes. It poses specific substantial provisions on crimes committed using a computer, crimes committed through data privacy, and crimes carried out inside a digital tool. This update is needed in this new age of technology where the centrality of technology as a tool and an environment in committing and solving crimes is acknowledged.

 

  1. Gender Sensitivity and Women’s Human Rights
  • IPC: The IPC contains many relevant provisions concerning crimes against women, which, however, have have them criticized as outdated and insufficiently protective. For instance, certain sections in the IPC have been said to not satisfyingly take care of the subtleties of sexual violence or domestic abuse.
  • BNS: Provisions that are more gender-sensitive and which seek to protect and respect the rights and dignity of women. Enhance the laws concerning sexual offenses, domestic violence, and harassment through clearer definitions and introduction of stiffer penalties to close the loopholes that usually allow the offenders to get away from justice. BNS
  1. Rationalization of Offenses and Processes
  • IPC: The IPC has become quite unwieldy over the years due to a plethora of amendments and additions, many of which create overlapping or redundant provisions—quite troublesome and inefficient.
  • BNS: The BNS is an attempt to simplify crimes and processes by eliminating the archaic sections and clubbing the analogous provisions. This simplification has been attempted to render the law more efficient and easy to use, thus lightening the load on the judiciary and enhancing the proper dispensation of justice.
  1. Economic Offences
  • IPC: The IPC does contain provisions on economic crimes, such as fraud, forgery, and embezzlement, but the quality and quantum of these provisions are thought to be inadequate in the backdrop of modern financial systems and sophisticated economic crimes.
  • BNS: Understanding the increasing of economic offences taking place in the new age—The BNS contains broader provisions to deal with offenses such as money laundering, corporate fraud, and financial scams. It contains more explicit provisions regarding investigation and prosecution of the said offences with the aim to keep India’s financial system secure and strong.

Conclusion

“The Bharatiya Nyaya Sanhita” (BNS) is considered to be the largest modification India’s criminal law has ever witnessed—dealing with almost every criticism of and drawback with the Indian Penal Code. This is in simple language, contains elaborated definitions, with provisions of technological advancement, and is very sensitive towards the rights of the victims and their genders. When these new laws start coming into operation, they are likely to make a more current and relevant legal framework that is more able to satisfy the needs of modern Indian society.

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