Adv. Kuriachan Josey, Advocate at District Court, Kottayam, Kerala
ABSTRACT
The Indian Penal Code of 1860 has been long standing as the main law governing criminal offences in India. Even though it is criticised as a colonial legislation which bears the marks of darkest hours of Indian polity, the complete repealing of the Code was uncalled for. But by the introduction of the Bharatiya Nyaya Sanhita which aims to replace the Indian Penal Code of 1860, the unthinkable has become a reality. The Bill seeks to modernize and update the criminal laws to reflect the changing values and aspirations of Indian society. Some of the key features of the Bill includes removal of the offence of sedition, definition of terrorism as an act that intends to threaten or intimidate the public or disrupt public order, introduction of community service as a punishment for certain petty offences, omission of certain offences that have been struck down or read down by courts, such as adultery and same-sex intercourse, enhancement of the penalties for certain existing offences, such as rape, murder, kidnapping, and cybercrime. The Bill is based on the recommendations of various committees and reports that have suggested reforms in the criminal justice system and it aims to ensure a more efficient, fair, and accountable justice system for the common man. The criticism faced by the Bill shows that it is a long ride ahead for enacting the proposed Bill flawlessly and effectively.
Keywords: Indian Penal Code, Bharatiya Nyaya Sanhita, Colonial legislation, Sedition, Terrorism, Community service
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