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Beyond Old Codes: Fresh Criminal Provisions Of BNS 2023




Treasy Nilopher, Thanuja PS & Suresh C, Sastra Deemed University, Tanjore, Sastra Deemed University, Tanjore


1. INTRODUCTION


The introduction of the Bharatiya Nyaya Sanhita 2023 has facilitated the criminal law scenario according to current societal conditions and overthrown the colonized and archaic British- introduced age-old Indian Penal Code 1860. The new criminal law has introduced novel subjects relevant to this era with inclusive language, and clear distinctions such as differentiating hurt from grievous hurt, enhancing punishments, and introducing new offenses according to contemporary demands.


2. NEW CRIMES


2.1 Section 48- Abetment of offenses in India outside the country


Section 48 of the BNS 2023 enunciates the abetment of an offense in India from outside the country. According to this act, anyone who abets an offense in India from outside the country will stay liable under this section. This section aims to extend the jurisdiction of certain crimes like abetment and enable the prosecution of persons residing outside India. Previously the repealed act IPC held only the abetment of persons in India for offenses outside India under Section 108A which is now forwarded to BNS Section 47. The punishment for the abettor is similar to the punishment for the principal offender who committed the offense as per Section 49 of BNS and this lawful enforcement has now a much wider jurisdiction including those abettors from foreign. Abetment has been a recognized offense in the country for so long however the legislator's initiative in BNS to expand the jurisdiction beyond the geographical terrains for this offense seems tactful.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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