The Bharatiya Nyaya Sanhita (BNS), 2023 (IAST: Bhāratīya Nyāya Saṃhitā; lit. 'Indian Justice Code (IJC), 2023') is the new criminal code of India. It came into effect on 01 July 2024, after being passed by the Parliament in December 2023, replacing the colonial-era Indian Penal Code of 1860 (IPC).
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👉 Bharatiya Nyaya Sanhita in the context of Fundamental rights in India
The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the least essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the fundamental rights are violated, the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights can also result in punishments as prescribed in the Bharatiya Nyaya Sanhita, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of their race, place of birth, religion, caste or gender. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.
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Bharatiya Nyaya Sanhita in the context of Criminal code
A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution).
Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. Where a jurisdiction is a federation, the subnational units of such jurisdiction may or may not use separate penal codes. For example, in India, the entire country (the federal government, states, and union territories) all operate under one criminal code, the Bharatiya Nyaya Sanhita, and in Canada the process is roughly the same, with the entire country being subject to a single criminal code. However, in Australia, the federal government and the states operate under different criminal codes (for instance, New South Wales would not necessarily use the federal criminal code, but rather, its own criminal code.)