GD Topic - Bharatiya Nyaya Sanhita (BNS): Reforming Criminal Law for Better or Worse?
Check this article on a Group Discussion on New Criminal Laws including Bharatiya Nyaya Sanhita or BNS, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam.
During a Group Discussion, a group of candidates is given a topic. Participants get five minutes to think and prepare their thoughts. After that, they have to participate in a 20 to 25 minute discussion where they share their views. For admission to this professional course, students have to take MBA entrance exams like CAT, XAT, SNAP, NMAT and MAH MBA CET. The GD Topic we will discuss in this article is New Criminal Law - Bharatiya Nyaya Sanhita 2023.
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- Introduction to New Criminal Laws
- Reasons for Introduction of New Criminal Laws
- Bharatiya Nyaya Sanhita 2023 - A New Dawn
- Conclusion
- Top Group Discussion Topics for MBA GD/PI
Introduction to New Criminal Laws
Law is the foundation of society. They are set of rules and regulations enforced by social and governmental institutions to regulate public behavior. There is no predefined universal definition of law. Everyone has their own meaning and interpretation of law. According to John Austin, a famous English theorist, Law is a command by sovereign backed by threat or sanction.
Law is categorized into two parts.
- Civil law or Common Law governs personal matters such as property, housing, marriage and contracts.
- Criminal Law or Penal Law addresses crimes such as theft, murder and cybercrimes. The penal law determines appropriate punishments.
The criminal justice system of India saw a significant change in 2024. On July 1, 2024, three new laws were enacted.
- Bharatiya Nyaya Sanhita or BNS
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Sakshya Adhiniyam
These laws replaced colonial era frameworks, i.e., Indian Penal Code or IPC of 1860, Criminal Procedure Code or CrPC of 1974, and Indian Evidence Act of 1872, respectively. This move shows an attempt made to modernize Indian Criminal Justice System to meet needs of society.
Reasons for Introduction of New Criminal Laws
- The old laws were based on colonial objectives. Their main priority was to bring British authority and control over justice. Therefore, it was important to replace these laws to reflect Indian values, societal norms and an independent identity.
- It was important to frame new laws to resolve modern criminal activities. These include cybercrimes, cryptocurrency fraud and digital warfare.
- The colonial era laws were rigid and did not represent Indian Society. They brought inefficiencies and uncertainty in justice system. To resolve this issue, implementation of new laws was important.
- Replacing old laws with new ones was important to make criminal justice system more efficient and effective for common people.
Bharatiya Nyaya Sanhita 2023 - A New Dawn
The Bharatiya Nyaya Sanhita 2023 replaces Indian Penal Code of 1860. It introduced a significant change to Indian criminal law. Earlier, there were around 511 sections in IPC. The BNS introduced a revised framework with 358 sections. Before implementation of BNS, Supreme Court and other courts struck down some sections of Indian Penal Code. These outdated provisions have been removed in BNS Bill. The new sections were added to resolve emerging issues, including false promises of marriage, sexual intercourse under false pretenses and other fraud activities.
Changes in BNS 2023
1. Replacement of IPC Sections: The BNS 2023 replaces several obsolete and unnecessary provisions of Indian Penal Code with more relevant and progressive sections. This removes outdated criminal offenses that were part of colonial legal framework.
2. Introduction of New Offenses
- The BNS 2023 now criminalizes sexual intercourse under false pretenses of marriage, employment, etc. These new offenses address existing societal issues. They made sure that individuals are protected from these misleading practices.
- More stringent laws have been made against mob lynching and gang rapes. The new provisions penalize harshly for such crimes.
- The BNS 2023 also addresses organized crimes and terrorism. The new laws focus more on National Security within criminal justice framework.
Check Out GD on Crime Against Women in India
3. Changes in Existing Laws
- The BNS 2023 has replaced Section 377 of Indian Penal Code, criminalizing homosexuality. This is a major liberal change made to promote equality and human rights.
- Provisions related to adultery have been repealed. The new laws are more gender neutral.
- The laws that criminalize publishing false and misleading information have been modified. The changes make sure that legal system focuses on spread of misinformation.
- The Sedition Law was just renamed from Rajdroh to Deshdroh. For this change, retired SC judge, Justice Chelameswar, says that new criminal laws are like Old Wine in New Bottles.
The BNS 2023 aims to fill in gaps and inefficiencies in colonial legal framework. It was introduced to offer a justice based approach to criminal law. The Bharatiya Nagarik Suraksha Sanhita or procedural law and Bharatiya Sakshya Adhiniyam or evidence law govern criminal judicial system with BNS.
Conclusion
Based on above GD discussion, it can be said that even though new criminal laws have received criticism and concerns from different people this change is still a landmark in history of India and its Criminal Justice System. To get better results from change, it is important to make a few changes in infrastructure development of criminal justice system. The changes can help effective and efficient applicability and enforceability of new laws.
It is rightly said that justice delayed is justice denied. If the three new laws are implemented with right resources and focus, they have potential to bring speedy and equal justice in India.
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Nupur Jain started with a passion for educational content writing, which soon grew into a meaningful journey of helping students through reliable guidance. A commerce graduate from Delhi University, she has spent ov
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