Bhubaneswar: On Monday, Prime Minister Narendra Modi dedicated to the nation the successful implementation of three new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) in Chandigarh.
It became the first city in the country to ensure the total implementation of the BNS, BNSS and BSA.
As the PM spoke highly about the change of era with the introduction of new criminal laws by emphasizing on its victim centric and clear outlook, here’s a reality check on the new BNS vs IPC with regard to citizen (victim) approach and clarity on punishment, and right punishment.
HOW MUCH VICTIM CENTRIC?
The definition of VICTIM broadened.
As per Section 2(1) (y) of BNS: "victim" means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim
But in CrPC, the VICTIM is defined Section 2(1) (wa) as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.
The DIFFERENCE is one is considered as victim only when the accused is charged by police under IPC sections. Now that has been removed.
IPC VS BNS
Here is an account of various crimes that take place majorly in society. Below is an account on how BNS gives a clarity on punishments for the said crime.
Amount of fine liability in default of payment of fine, etc
- BNS Section 8(5)(c): one year in any other case.
- IPC – Sec 67(c) – 6 months
Abetting commission of offence by public or by more than 10 persons
- BNS – Sec 57 – imprisonment of either description which may extend to 7 years and with fine
- IPC – Sec 117 – 3 yrs or with fine or with both.
Buying child for purposes of prostitution etc
- BNS - Sec 99 – shall not be less than 7 years but may extend to 14 yrs and shall also be liable to fine
- IPC – Sec 373 may extend to 10 yrs and fine
- In this case, IPC had an ambiguity. It says up to 10 yrs. Talks about the maximum sentence, no minimum mentioned. But BNS emphasised that not less than 7 years.
Murder by life convict
- BNS – Sec 104 – Punishable with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
- IPC – Sec 303 punished with death.
- Here IPC says death. But capital punishment is rare in democracy like India. BNS prescribes life imprisonment
Culpable homicide not amounting to murder
- BNS – Sec 105 – a term which may extend to 10 years and with fine.
- IPC – Sec 304 – term which may extend to 10 years, or fine or both.
- Here IPC says jail or fine or both. But BNS clearly mentioned both.
Causing death by negligence
- BNS – Sec 106(1) – may extend to 2 yrs for medical practioner,
- May extend to 5 years for others,
- And shall also be liable to fine 106 (2) may extend to 10 yrs and shall also be liable to fine.
- IPC – Sec 304( A) may extend to 2 yrs or with fine or both
- Here BNS clearly specified that 2yrs for doctors. But for others 5-10 years (means those who do rash driving thereby taking lives of other).
- IPC in such rash driving cases mandates only 2 yr jail term or fine or both. But BNS specified both with more jail term.
Attempt to Murder
- BNS – Sec 109 (2) – punished with death or imprisonment for life, which shall mean the remainder of that person’s natural life
- IPC – 307 (2) punished with death
- Here also BNS explicitly states life imprisonment.
Exploitation of a trafficked child for engaging such child for sexual exploitation
- BNS –Sec 144( 1) – shall not less than 5 yrs but extend to 10 yrs and shall be liable to fine
- IPC – Sec 370(a)(1) – shall not be less than 5 yrs, but which may extend to 7 yrs , and shall also be liable to fine
- Here IPC had the ambiguity – may extend to 7 years. BNS says will extend to 10 years depending on the gravity of crime.
Disobedience to order duly promulgated by public servant to cause danger to human life etc
- BNS – Sec 223( b) – imprisonment of either description for term which may extend to 1 yr, or with fine which may extend to Rs 5k or with both.
- IPC –Sec 188(b) – imprisonment of either description for a term which may extend to 6 months or with fine which may extend to 1k, or with both
Criminal breach of trust
- BNS – Sec 316 – for Public servants (government workers) who are accused of corruption: Jail term upto 10 years of for life/
- Clerks/Agents – 7 years 2 - 5 yrs or fine or with both
- Bankers/Merchants/Brokers – up to 10 years
- IPC – Sec 406 – jail term for 3 yrs or with fine or both
- In IPC eyes, corruption of crores and minor breach of trust cases are equal.
- Therefore, it had mandated equal and petty jail term of 3 years.
- But BNS outlines the gravity and mandated punishment accordingly.
Dishonest on fraudulent removal or concealment of property
- BNS – Sec 323 – 3 yrs or with fine or with both
- IPC – Sec 424 – 2 years or with fine or both.
