1st of July 2024 is the day when the new criminal laws namely the Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam and the Bhartiya Nagarik Suraksha Sanhita 2023 will come into force and replace the Indian Penal Code 1860, the Indian Evidence Act 1872 and the Code of Criminal Procedure 1973.
The legal fraternity including young lawyers and the students of law are facing a lot of dilemmas in this transition phase which is a great challenge for everyone including the entire system of administration of criminal justice in a great country like India.
It is in this hour that a significant effort is required from all of us to deeply study these three statutes and analyze them and share our conclusions with everyone. Time will gradually bring clarity in the understanding and implementation of the law and ensure that at the end of the day truth and justice prevail. There should not be any ambiguity in law and the common law of more than a century should not be allowed to wither. As we all open our bare acts and wait for the publication of commentaries on the new laws, we must not forget the profound wisdom, knowledge, interpretation of statutes, mercy and compassion which is to be found in the judgments preceding these novel enactments.
Let us delve into the new criminal laws and see what is pristine about them.
The Bhartiya Nyaya Sanhita 2023:
- Section 69:
section 69 is in chapter V which deals with offenses against women and child. Section 69 introduces a new offence namely.
Sexual intercourse By employing deceitful means, etcetera: whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offense of rape , shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.
Deceitful means shall include inducement for or false promise of employment or promotion or marrying by suppressing identity.
- Section 95 introduces the offence of hiring, employing, or engaging a child to commit an offense. Explanation to this section says that hiring employing engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
- 103(2) Introduces the punishment for murder when a group of five or more persons acting in concert commits murder on the ground of race caste or community sex place of birth language personal belief or any other similar ground and each member of such group shall be punished with death or with imprisonment for life and shall also be liable to fine.
- Section 106(2) is a new section which relates to causing death of any person by rash and negligent driving of vehicle not amounting to culpable homicide and the offender escapes without reporting it to a police officer or a magistrate soon after the incident and this offense carries a punishment of a term which may extend to 10 years and also payment of fine.
- Sections 111 ,112 and 113 introduce the offices of organized crime, petty organized crime, and terrorist act.
Organized crime is any continuing unlawful activity including kidnapping robbery vehicle theft extortion land grabbing contract killing economic offence cybercrime trafficking of persons drugs weapons or illicit goods or services human trafficking by any person or a group of persons acting in concert singly or jointly either as a member of an organized crime syndicate or on behalf of such syndicate by use of violence threat of violence intimidation coercion or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit.
Pretty organized crime includes offenses like test snatching cheating, unauthorized selling of tickets, unauthorized betting, or gambling, selling of public examination question papers or any other similar criminal act.
Terrorist act is there any act which is committed with the intention to threaten or likely to threaten the unity integrity sovereignty security or economic security of India or with the intention to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- Section 117(3) / (4) brings into force the offense of causing grievous hurt and during such Commission the injured person gets permanent disability or a persistent vegetative state.
Subsection four mentions the offense of grievous hurt by a group of five or more persons who are acting in concert and cause grievous hurt to a person on the ground office race caste or community sex place of birth language personal belief or any other similar ground.
- Section 152 mandates the punishment for having committed an act endangering sovereignty unity and integrity of India. Now it is vital to point out that although the offense of sedition which was in section 124-A of the Indian Penal Code does not find mention explicitly but in reality, section 152 corresponds to the former.
- Section 195(2) prescribes punishment for
assaulting or obstructing public servant who is endeavoring to disperse an unlawful assembly or to suppress a riot or affray.
- Section 197(1)(d) is the offense of making or publishing false or misleading information jeopardizing the sovereignty unity and integrity or security of India.
- Section 226 introduces the offense of attempting to commit suicide to compel or restrain exercise of lawful power by a public servant.
- Section 304 is the offence of snatching. It is snatching if to commit theft the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.
- Section 341 subsection three and subsection four relate to the Commission of the offenses of possessing any seal, plate or other instrument knowing the same to be counterfeit. Subsection four mentions that whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit.
- Section 48 mandates that person who abets an offense within the meaning of this Sanhita who without and beyond India abets the Commission of any act in India which would constitute an offence if committed in India. Thus, it prescribes offence of abetment outside India for an offence which is committed in India.
The above analysis portrays that these are the new offenses introduced by the new criminal law namely Bhartiya Nyaya Sanhita 2023. To summarize, the new offenses are sexual intercourse by Deceitful means (section 69), hiring employing or engaging a child (section 95), Special category of murder (section 103(2)). Causing death by negligence and not informing the authorities (section 106(2)). Organized crime petty organized crime and terrorist act (111, 112 and 113). Voluntarily causing grievous hurt which results into a permanent vegetative state or a permanent disability and a new category where this crime is committed by a group of five or more persons on the ground of race caste community sex place of birth language personal belief or any other similar ground (117 (3)(4)).
Act endangering sovereignty unity and integrity of India (152).
Imputations assertions prejudicial to national integration197(1)(d).
Assaulting or obstructing public servant who is suppressing right and affray (195(2).
Offense of snatching (304) and possessing or using counterfeit seal plate etcetera (341(3)(4)).
These are the new offenses and portray an endeavor on the part of the legislators to make provisions for the diverse social ills and crimes which are rampant in our society. By means of the new legislation a conscious effort was made to make provisions for various offenses like the offense of breach of promise to marry by employing deceitful means, offense of hiring employing or engaging children where children are the victims of the offenses themselves the crime of lynchings and murders committed by mobs on the ground of race caste community sex place of birth language personal belief or any other similar ground, offence of hit and run and causing death by negligent driving, offenses of organized crime petty organized crime and terrorism offense of causing voluntary grievous hurt especially by mobs where the victim receives grievous hurt only on the ground of his race caste community sex place of birth language personal belief or any other similar ground.
Offense of endangering sovereignty unity and integrity of India and assertions which are prejudicial to national integration. These offenses can include fake news and hate speeches which are prejudicial to national integration and endanger sovereignty unity and integrity of India.
Then there are offenses against public servants as encapsulated in section 195 and 226 and the rampant crime of snatching as well as making or possessing counterfeit seal plates etc. to commit forgery of valuable security will etcetera. This may include the offence of fake currency as well.
Also Read
To sum up , offences of breach of promise to marry , organized crime, petty organized crime, terrorism, fake news , fake videos, hate speeches, mob lynchings , mob violence , child pornography and exploitation, hit and run deaths, endangering sovereignty , unity and integrity of India ,snatching and offences against public servants while they are trying to control riots and affray are the new and pristine criminal offences introduced by this novel legislation. Two-fold debates would go on whether IPC was or was not sufficient to prosecute offenders who committed these crimes and whether there was a need to bring in an entire new legislation instead of simple amendments in IPC itself. Only time will judge and answer the twin queries.
However, one can see that a concerted effort has been made to curb the menace of diverse crimes which are destroying the edifice of our great civilization.
The text and the context of the statute are explicit and now it is for the investigating and prosecuting agency and the great institution of administration of criminal justice system to ensure that law must follow its own course and reach its destination…. which are the ends of justice.
Article By: Rishad Murtaza, Advocate
