After 77 years of Independence, India witnessed a significant legal overhaul with the introduction of three new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). Union Home Minister Amit Shah hailed these laws as a departure from the British-era criminal laws, shifting the focus from ‘justice’ to ‘punishment.’
The BNS, BNSS, and BSA replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively, ushering in a modern legal framework.
The BNS introduces 358 sections, fewer than the IPC’s 511, with new offenses and increased penalties for certain crimes. However, it lacks gender-neutral provisions for penalizing rape, highlighting a gap in the new criminal law.
Despite the revamped criminal laws, there are still gray areas that remain unaddressed under the Modi government’s legal framework.
From ‘Rajdrohi’ to ‘Deshdrohi’
A significant change in the new criminal laws is the removal of the sedition act, which dates back to colonial rule. Union Home Minister Amit Shah emphasized the elimination of sedition provisions, marking a progressive step in the legal system.
The sedition act pertains to offenses that pose a threat to India’s sovereignty, unity, and integrity.
In May 2022, the Supreme Court stayed Section 124A, criticizing its misuse and broad interpretation. The court’s intervention addresses the historical context of the sedition law and suspends its application until further review.
The BNS defines sedition as “subversive activities,” aiming to prevent actions that undermine the government or established beliefs.
Despite opposition, the government expanded the definition of sedition to encompass various actions that threaten sovereignty or unity, reflecting a shift towards a more inclusive legal framework.
The new laws replace ‘Rajdroh’ (rebellion against the king) with ‘Deshdroh’ (rebellion against the nation), emphasizing national loyalty and cohesion.
Male, transgender rape victims unsafe
Despite the legal reforms, concerns arise about the lack of provisions for male and transgender rape victims in the BNS. Omitting Section 377 of the IPC further restricts legal protection for marginalized communities.
In 2018, the Supreme Court decriminalized consensual same-sex relations under Section 377, but its exclusion from the BNS raises questions about legal protections for non-consensual acts.
Despite progress, the omission of Section 377 and gender-neutral rape laws leaves male and transgender victims at a disadvantage, limiting their legal recourse in sexual assault cases.
