The Bharatiya Nyaya Sanhita Bill, 2023, referred to a Standing Committee of Parliament, is one of the bravest legislative attempts made by any government. It seeks to replace the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) which were drafted during the British colonial period. They enacted these laws to establish control and maintain order in the country. The relationship between the British rulers and the Indian people was characterised by a power imbalance, as the intent was to keep the Indian population under subjugation.
It is true that the IPC and the CrPC have been the least amended laws in India since their inception in the 19th century. In contrast, the Constitution, which came into force in 1950, was amended over a 100 times. Over time, many of the provisions in these laws have become outdated and are in need of revision to align with contemporary societal values and requirements. One of the first things the Modi government did was to junk dozens of archaic laws which remained in the statute book. One of them, for instance, sought to fix the charges boatmen in Varanasi were permitted to levy.
Drafting a new penal code, which will be applicable to the whole country, is altogether different from scrapping old laws. It is important that such initiatives are undertaken with care. The process of amending and replacing the IPC requires thoughtful consideration, stakeholder consultation, and an understanding of the potential impact on society. Balancing the need for change with the preservation of fundamental rights and legal principles is crucial in ensuring a just and equitable legal framework. Since Hindi and English are official languages, the BNS should be enacted in English too.
As a policy, it is always advisable to review and update laws periodically to reflect the evolving needs of society and address any shortcomings in the existing legal system. This can help ensure that the laws are fair, relevant, and effective in promoting justice and protecting the rights of individuals.
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