Offences Against the Human Body (Under BNS, 2023)
The Bharatiya nyaya Sanhita (BNS),2023 retains most offenses against the human body from the Indian Penal Code (IPC), including murder, culpable homicide, assault, and grievous hurt. It introduces new offenses like organized crime, terrorism, and mob lynching, specifically addressing murder or grievous hurt by a group of five or more on grounds of race, caste, sex, language, or personal belief. The BNS also increases penalties for certain offenses and raises the threshold for classifying a victim as a major in gang rape cases.
Key Provisions:
- Murder (Section 101, BNS): The new law clarifies intent and aggravating factors to distinguish between degrees of murder.
- Culpable Homicide (Section 102, BNS): More precise legal definitions differentiate it from murder, ensuring fair sentencing.
- Grievous Hurt & Acid Attacks (Sections 113-114, BNS): Specific provisions increase penalties for acid attacks, ensuring better victim compensation.
- Kidnapping & Abduction (Sections 130-134, BNS): Tougher punishments for human trafficking and ransom-based abductions.
- Sexual Offences (Sections 63-70, BNS): Stricter consent definitions and fast-track trial mandates for rape and sexual assault cases.
Case Study: Nirbhaya Case (2012) and Its Impact on BNS, 2024
The 2012 Delhi gang rape case led to landmark legal reforms, including stricter rape laws and fast-track courts. Under BNS, these changes have been further strengthened, ensuring speedier trials and harsher punishments for sexual offences.
Stages of Criminal Investigation till the Filing of Final Report (Under BNSS,2023)
BNSS introduces structured and time-bound investigation procedures to prevent delays.
Key Stages of Investigation:
- FIR Registration (Section 173, BNSS): Police must register an FIR immediately for cognisable offences.
- Collection of Evidence (Section 176, BNSS): Investigators must use forensic and digital tools for accuracy.
- Arrest of the Accused (Section 187, BNSS): Arrests must follow strict legal procedures to prevent unlawful detentions.
- Interrogation & Charge Framing (Section 188, BNSS): Charge sheets must be filed within 90 days for faster trials.
- Filing of Final Report (Section 189, BNSS): Digital submission of charge sheets ensures faster case processing.
Case Study: Aarushi Talwar Murder Case (2008)
The investigation in the Aarushi-Hemraj case faced significant delays and lapses in forensic evidence handling. Under BNS, mandatory digital evidence collection and strict deadlines for filing charge sheets would prevent such mishandling of cases.
Arrest, Formal Arrest, Transit Warrant, and Transit Bail (Under BNS, 2024)
BNS introduces new safeguards and legal clarity to prevent the misuse of arrest powers.
Types of Arrests and Related Provisions:
- Arrest (Section 185, BNS): Police can detain an accused based on credible evidence.
- Formal Arrest (Section 186, BNS): The accused must be informed of charges and rights.
- Transit Warrant (Section 187, BNS): Courts must approve the transfer of an accused across states.
- Transit Bail (Section 438, BNS): Courts may grant interim bail while transferring an accused.
Case Study: Arnab Goswami Arrest (2020)
The arrest of journalist Arnab Goswami in an abetment to suicide case raised concerns about police overreach and transit procedures. Under BNS, clear guidelines on transit warrants and formal arrests ensure fairer procedures for accused individuals.
4. Magistral Enquiry into Custodial Deaths (Under BNSS, 2024)
Custodial deaths have been a major concern in India. BNSS introduces stronger legal oversight to ensure accountability.
Key Provisions:
- Mandatory Judicial Enquiry (Section 226, BNSS): A magistrate must investigate every custodial death.
- Accountability of Law Enforcement (Section 227, BNSS): Officers guilty of custodial torture or negligence will face criminal charges.
- Third-Party Investigation (Section 228, BNSS): Independent agencies may be assigned to prevent police interference.
Case Study: Jayaraj and Bennix Custodial Death Case (2020)
In Tamil Nadu, father-son duo Jayaraj and Bennix died in custody due to alleged police brutality. Under BNSS, automatic judicial inquiries and independent investigations would ensure greater police accountability in such cases.
Concept of Cognizance (Under BNS, 2024)
Cognizance refers to a court’s power to recognize an offence and initiate proceedings. BNS clarifies when and how courts should take cognizance.
Types of Cognizance:
- Cognizable Offences (Section 200, BNS): Serious crimes like murder, rape, and terrorism.
- Non-Cognizable Offences (Section 201, BNS): Minor crimes like defamation and public nuisance.
- Time-Bound Cognizance (Section 202, BNS): Courts must take cognizance within a fixed time frame, preventing delays.
Case Study: Salman Khan Hit-and-Run Case (2002)
The trial process took over a decade due to delayed cognizance and multiple appeals. Under BNS, stricter timelines for taking cognizance and completing trials would prevent such prolonged legal battles.
Conclusion
The Bharatiya Nyaya Sanhita (BNS), 2024, brings major reforms to India’s legal system, making it more transparent, efficient, and technology driven. The incorporation of digital evidence collection, strict arrest guidelines, and faster judicial processes ensures that justice is not delayed or denied.
