How Is The Bhartiya Nyaya Sanhita Different From The Indian Penal Code

 The IPC did not include a defining clause. All of the interpretation clauses were divided among sections 8 to 52A of the IPC. The definition of 'section' in Section 50 of the IPC is deleted by BNS since it is now a word widely used in numerous legislations and requires no definition or explanation. The majority of these interpretation provisions from sections 8 to 52A of the IPC, 1860, have been maintained in BNS without change and have been compactly organized in section 2 of BNS in alphabetical dictionary order for the convenience of reading and reference.

Difference between BNS and IPC

• In IPC, Although the chapters are well-organized and structured, many of the themes overlap. In BNS, All chapters have been reorganized and consolidated in a more obvious manner.

• The IPC does not specify some of the subsequent crimes, such as terrorism and other types of organized crime. The BNS provides a precise definition of terrorism and organized crime.

• The IPC contains archaic offenses (e.g., "adultery") that do not need to be there. The BNS has eliminated all such phrases and decreased the number of codes.

• The IPC is divided into 23 chapters and consists of 511 sections. While the BNS is divided into 20 chapters, there are 358 sections in all.

• The IPC is written in 19th-century British English, it is a somewhat long and sophisticated language that is often difficult to read. The BNS employs plain and straightforward language and terminologies that replace obsolete vocabulary and references. The goal is to increase accessibility and consistency across the code.

• In IPC, Some of the offenses have a limited explanation because they were either not present at the time or had very limited effects. In contrast, the BNS has completely defined all such offenses; for example, offenses such as sexual assault are broadened in the BNS to cover broader scenarios and safeguard more vulnerable populations.

• The IPC establishes rather ambiguous sentencing criteria, which frequently result in dilemma situations. The BNS provides courts with clearer sentencing guidelines to improve penalty consistency and proportionality.

• Section 124A of the IPC defines "sedition" as a crime against the state/government. The BNS replaces the (controversial) charge of sedition with safeguards defending national security and sovereignty.

• The IPC does not define terms like community service. The BNS offers community service as a sentencing option, as well as alternative sanctions and opportunities for offenders to make good contributions to the community.

• When the IPC was enacted, technical scopes were severely constrained, making it difficult to predict such new offenses. The BNS clearly recognizes and addresses new crimes, particularly those related to technology, such as cybercrimes, which reflect the present technological landscape.

Substantive criminal law is applied through the Indian Penal Code of 1860, which the Indian judiciary has relied on while conducting criminal trials and imposing punishment. However, due to societal developments and numerous crimes arising as a result of technical advancements, they have no place in the Code and are causing problems in criminal justice. As a result, the Bharatiya Nyaya Sanhita was established to address all of these concerns. Second, the main goal is to Indianize the Code, which has a British flavor and is (in many parts) irrelevant in the Indian context.

The BNS aims to develop a more streamlined, technologically advanced, and humane criminal law. By deleting duplicate parts, modernizing wording, and addressing contemporary challenges, the Bharatiya Nyaya Sanhita aimed to make the law more accessible, enforceable, and relevant to current social and technological realities.

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