Important aspects of BNS

Section 69: Deceitful Means for Sexual Intercourse

● Penalizes sexual intercourse obtained through deceit.

● Includes false promises of marriage, employment, or promotion, and suppressing
identity.
● Punishment: Up to 10 years imprisonment and a fine.
● Critics: May criminalize consensual relationships and support the "love jihad" narrative.

Section 103: Recognizing Race, Caste, Community-Based Murders

● Recognizes murder based on race, caste, or community as a separate offense.

● Addresses lynching, following SC's 2018 directive for a separate law.
● Ensures legal recognition for these rising crimes.

Section 111(1): Organized Crime and Terrorism

● Includes offenses like organized crime and terror.

● Previously covered by specific laws like UAPA and state-specific laws.
● Encompasses activities like kidnapping, robbery, extortion, economic offenses,
cyber-crimes, human trafficking, etc.
● Requires clarification on vague terms like "cyber-crimes having severe consequences."

Section 304(1): Snatching

● Defined as seizing or grabbing movable property quickly or forcibly.

● Distinct from theft.
● Punishment: Up to three years in jail.

Rearrangement of Provisions in BNS

● Starts with general exceptions, punishments, abetment, and the Right of Private
Defense.
● Offenses against the state precede offenses against women and body in IPC.
● In BNS, crimes against women come before offenses against the state (e.g., sedition).

Negligence by Medical Practitioners

● BNS specifically punishes death caused by the negligence of a registered medical

practitioner during a medical procedure.
● Previous section 304A did not explicitly mention doctors.
● Legislative intent to explicitly address negligent medical practitioners.
● Raises questions about defining true negligence and the gap between life, death, and
medical science.
Reform on Theft

● Section 303 of BNS introduces community service for first-time offenders.

● Applies where the value of stolen property is under Rs 5,000.
● Aims to address petty theft with non-incarceration punishment, benefiting most theft
cases.

Important aspects of BNSS

Expansion of Police Custody Duration

● Increased from a 15-day limit (CrPC) to up to 90 days.

● Sec 187(3) removes the restriction on police custody duration for all BNS-listed offenses.
● Aims to provide more time for police investigations but raises concerns about increased
custodial torture and forced confessions.

Victim-Centric Approach

● Tighter timelines for trial completion.

● Victims in cases with punishments of seven years or more must be heard before case
withdrawal by the government.

Trials in Absentia
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● Allows for trials and convictions in the absence of the accused.

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● Criticism: May lead to the state neglecting its duty to locate the accused before trial.
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Removal of Statutory Bail Provision

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● Statutory bail removed if the accused has multiple offenses.

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● Previously, statutory bail was granted if the accused served at least half of the maximum
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sentence for an offense.

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● Intended to prevent prolonged trials and unjust continued incarceration.

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Some positives

❖ Community Service as Punishment

○ Introduced as an alternative for offenses like small theft, defamation, and
attempted suicide to prevent official duty obstruction.
○ Aims to keep first-time and minor offenders out of prison, addressing the high
undertrial population.
○ The definition of community service is left to judges' discretio
❖ Inclusion of Marital Rape of Minor Wife as Rape
○ Expands the definition to include sexual intercourse with a wife under 18 years.
 ○ Addresses the gap for 15-18-year-old married girls, aligning with child rape laws
under POCSO
❖ Recognition of Mob-Lynching as an Offense
○ Legislative acknowledgment of hate crimes like mob-lynching
❖ Emphasizes video-conferencing of trials and timelines for speedy justice delivery,
pending effective implementation
❖ Enhanced Victims' Rights
● Allows FIR registration in any police station, regardless of where the offense
occurred.
● Fairness in Police Investigations
○ Mandatory video recording of search and seizure processes.
❖ Undertrial Release Provisions
● Prison superintendents are responsible for ensuring applications are made for
the release of undertrials who have served half or one-third of their maximum
possible sentence.
❖ FIR registration to be recorded within 3 days for complaints submitted through e-means
❖ Medical examination in sexual offences to be forwarded within 7 days
❖ Magistrate required to frame charges within 60 days of information being supplied
❖ Court decision within 30 days of argument completion with an extension of 60 days

Remaining Grey Areas

❖ Reintroduction of Sedition om
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● Despite claims of removal, BNS redefines sedition with a broader scope.

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● Adopts SC guidelines from the 1962 Kedarnath Singh case, changing

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terminology from "rajdroh" to "deshdroh."

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❖ Lack of Provisions for Male Rape Victims

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● Excludes Section 377 of IPC, which criminalizes non-consensual "carnal

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intercourse against the order of nature."

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● Section 377 previously served as recourse for male rape victims.

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● BNS does not make rape laws gender-neutral, leaving male victims without
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specific legal protection.

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❖ Overcrowded Prisons and Undertrials

● No significant reforms in bail adjudication.
● Bills fail to make bail the default option, with incarceration as the exception.
❖ Torture and Evidence Issues
● Prevalence of torture and torture-based evidence in criminal trials remains
unaddressed.
● Confessions to police not admissible, but staged recoveries often lead to
convictions.
● Clause 118 of BNS attempts to criminalize torture but has limitations.
● No changes in evidence legislation to address recovery evidence based on police
statements.
❖ Legislative Changes vs. Institutional Culture
● Legislative changes alone cannot overcome entrenched institutional culture.
 ● Centuries-old realities can undermine even meaningful reforms.
❖ Colonial Legacy in Criminal Laws
● Efforts to understand and undo the colonial legacy have been insufficient.
● Current changes do not fundamentally alter the state-citizen relationship.
● Truly addressing the colonial legacy requires a fundamental shift in how the state
interacts with its citizens.

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