Section 302 no longer murder, 420 not cheating, 376 not rape as IPC evolves into BNS

If someone today jests with "Charso beesi mat kar," they're not accusing you of cheating anymore. In a cinematic twist, if the 1955 classic film ‘Shree 420’ were made today, it might be titled ‘Shree 318’. This is because of the arrival of the new criminal laws—Bharatiya Nyay Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—replacing the longstanding sections of the Indian Penal Code (IPC) that have been ingrained in public consciousness for 165 years. For instance, what was previously categorised as murder under Section 302 is now referred to as Section 103. Similarly, the legal definition of rape, once governed by Section 376, has been redefined under Section 64 of BNS.

Earlier, the imposition of curfews to maintain public order in tense situations was regulated by Section 144 of the Criminal Procedure Code (CrPC); now, these measures fall under Section 163 of BNSS.

Section 302 under BNS now encompasses the act of "intentionally uttering words to deliberately wound the religious sentiments of another person." While the Indian Penal Code of 1860 comprised 511 sections, BNS has condensed this to 357 sections for offences, streamlining certain offences into unified sections.

In contrast, the Criminal Procedure Code previously had 429 sections, whereas BNSS now includes 530 sections, indicating an expansion in procedural frameworks for conducting trials and prosecuting offenders.

During a conference titled 'India's Progressive Path in the Administration of Criminal Justice System' held by the law ministry on April 20, Chief Justice of India D Y Chandrachud highlighted that the new criminal laws have modernised India's legal framework concerning criminal justice. These reforms include essential improvements to safeguard victim interests and enhance the efficiency of investigating and prosecuting offences.

The Bharatiya Nyay Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 respectively. Chief Justice of India (CJI) D Y Chandrachud commented on the BNSS's provisions for audio-visual recording during search and seizures, and the presence of forensic experts at crime scenes for offences punishable with more than seven years imprisonment. He emphasised that these measures are crucial for prosecution and for safeguarding civil liberties, ensuring judicial oversight to prevent procedural lapses during such operations.

Despite these advancements, the implementation of the new penal laws has faced opposition, with several state bar associations threatening to go on strike. The Bar Council of India (BCI) expressed concerns, noting that prominent legal figures including SCBA president Kapil Sibal, former attorney general Mukul Rohatgi, and senior advocates like Abhishek Manu Singhvi, Vivek Tankha, P Wilson, Dushyant Dave, and Indira Jaising have strongly opposed these legislative changes.

BCI chairman Manon Kumar Mishra appealed to legal bodies to refrain from protests, pledging to engage in discussions with Union home and law ministers to convey and address the legal fraternity's concerns.

Inputs from TOI