The Bharatiya Nyaya Sanhita (BNS), 2023, aims to modernize India's criminal law by addressing issues like mob lynching and terrorism, while also focusing on victim protection and faster trials. However, there are concerns about its effectiveness and whether it adequately upholds principles of criminal jurisprudence and natural justice, particularly in its provisions on mob lynching and terrorism-related offences.
Mob Lynching:
Enhanced Punishment:
The BNS introduces severe penalties for mob lynching, including life imprisonment or even the death penalty.
Specific Provisions:
The BNS provides for specific punishments when a mob lynching involves five or more individuals and is based on identity markers like caste or religious belief.
Potential Concerns:
Some argue that the definition of "mob lynching" is broad and could lead to overreach or misapplication of the law.
Need for Clarity:
There's a need for clear definitions and guidelines to ensure that the provisions are applied fairly and prevent potential misuse, according to Drishti Judiciary.
Terrorism-related Offences:
New Provisions:
The BNS introduces new offenses related to terrorism, aiming to address modern challenges like cybercrime and national security.
Broad Definitions:
Some argue that the definitions of "terrorism" and related terms are overly broad and vague, potentially leading to abuse and overreach.
Parallel Laws:
The existence of both BNS provisions and the Unlawful Activities (Prevention) Act (UAPA) for terrorism-related offenses can lead to confusion and inconsistent application.
Need for Clarity:
Clear definitions and guidelines are crucial to prevent potential misuse of the provisions and ensure that they are applied fairly and in accordance with the principles of natural justice.
Overall Assessment:
The BNS aims to address contemporary challenges in criminal justice, but concerns remain about its effectiveness and potential for misuse. It's crucial that the law is implemented with careful consideration of the principles of criminal jurisprudence and natural justice, according to Juris Centre. This includes providing clear definitions, ensuring proper training for law enforcement, and maintaining judicial oversight to prevent potential abuses.