History and Overview
In the year 1834, the first Indian Law Commission was constituted under the Chairmanship of Lord Thomas Babington Macaulay to examine the jurisdiction, power, and rules of the existing Courts as well as the police establishments and the laws in force in India.
- The Commission suggested various enactments to the Government.
- One of the important recommendations made by the Commission was on, Indian Penal Code.
- was enacted in 1860 and the said Code is still continuing in the country with some amendments made thereto from time to time.
What is necessity to bring the Bharatiya Nyaya Sanhita Bill, 2023?
The Government of India considered it expedient and necessary to review the existing criminal laws. It aims to strengthen law and order and also focus on simplifying legal procedure so that ensuring the ease of living is to the common man. The Government also considered to make existing laws relevant to the contemporary situation and providing speedy justice to common man. Accordingly, various stakeholders were consulted keeping in mind contemporary needs and aspirations of the people and with a view to creating a legal structure which is citizen centric and to secure life and liberty of the citizens.
Now, it is proposed to enact a new law, namely, the Bharatiya Nyaya Sanhita Bill, 2023 by repealing the Indian Penal Code to streamline provisions relating to offences and penalties.
It is proposed to provide first-time community service as one of the punishments for petty offences.
The offences against women and children, murder and offences against the State have been given precedence.
The various offences have been made gender-neutral.
In order to deal effectively with the problem of organized crimes and terrorist activities, newoffences of terrorist acts and organised crime have been added in the Bill with deterrent punishments. A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added. The fines and punishment for various offences have also been suitably enhanced.
