GD Topic - Bharatiya Nyaya Sanhita (BNS): Reforming Criminal Law for Better or Worse?

Candidates preparing for the MBA entrance exams must also prepare for the Group Discussion Round. The GD/PI round plays a crucial role in the MBA admission process. Check out the article below on a Group Discussion on the New Criminal Laws, including Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.

The Group Discussion (GD) is a crucial step in the MBA admission process, designed to assess candidates on key skills such as communication, English proficiency, listening, leadership, subject knowledge, confidence, and time management. During a GD, a group of candidates is presented with a topic. Participants are given five minutes to think and prepare their thoughts, followed by a 20-25 minute discussion where they share and debate their perspectives. Judges evaluate each candidate's performance based on their contribution to the discussion.

As MBA entrance exams like CAT, XAT, SNAP, NMAT, and MAH MBA CET are in full swing, aspirants aiming for top B-schools and universities must prepare thoroughly for the GD/PI (Personal Interview) rounds. Scoring well in the entrance exam alone is insufficient to secure admission to a reputed MBA program. Candidates must do well in the GD round to increase their chances of getting admitted to their desired college/university.

New Criminal Laws: Introduction

Law is the cornerstone of society, functioning as a set of rules and regulations enforced by social and governmental institutions to regulate public behavior. Despite its importance, there is no pre-defined universal definition of law. Everyone has their own meaning and interpretation of the law. According to John Austin, a prominent English theorist, “Law is a command by the sovereign backed by the threat or sanction.” Broadly, law is categorized into Civil Law and Criminal Law. Civil law, also known as Common Law, governs personal matters such as property, housing, marriage, and contracts. On the other hand, Criminal Law, or Penal Law, addresses crimes such as theft, murder, and cybercrimes, determining appropriate punishments to uphold societal order.

In India, the criminal justice system recently underwent a significant transformation with the enactment of three new laws on July 1, 2024: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These laws replaced colonial-era frameworks; namely, the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1974, and the Indian Evidence Act of 1872. This move reflects an effort made to modernize the Indian Criminal Justice System according to contemporary societal needs.

Reasons for the Introduction of New Criminal Laws

• Shift from Colonial Legacy: The old laws were rooted in colonial objectives, prioritizing British authority and control over justice. Replacing these laws was crucial to reflect Indian values, societal norms, and an independent identity. For example, the IPC Indian Penal Code was formulated on the recommendation of the first law commission of 1834 which was formed under the 1833 Charter Act under Thomas Macaulay.
• Changing Nature of Crime: Modern criminal activities, such as cybercrimes, cryptocurrency fraud, and digital warfare, necessitate new laws to address these challenges effectively.
• Outdated Framework: The colonial-era laws were rigid and non-reflective of the contemporary Indian Society, creating inefficiencies and ambiguities in the justice system. To resolve this issue, it became essential to implement new laws catering to the previous issues.
• Modernizing the Criminal Justice System: The colonial-era laws had a lot of procedural ambiguities and loopholes. Replacing the old laws with the new ones was important to make the criminal justice system more efficient and effective for the common people.

The Bharatiya Nyaya Sanhita (BNS) 2023: A New Dawn

The Bharatiya Nyaya Sanhita (BNS) 2023 replaces the Indian Penal Code of 1860, introducing a substantive overhaul to criminal law in India. Originally consisting of around 511 sections in IPC, the BNS introduces a revised framework with 358 sections, reflecting a more streamlined and modernized approach to criminal legislation. Before the implementation of BNS, the Supreme Court and other courts struck down some of the sections of the Indian Penal Code. These outdated provisions have been removed in the BNS Bill, and new sections have been added to address emerging issues such as deceitful promises of marriage, sexual intercourse under false pretenses, and other fraudulent activities.

Key Changes in BNS 2023

1. Replacement of IPC Sections: The BNS 2023 replaces several obsolete and redundant provisions of the Indian Penal Code with more relevant and progressive sections. This not only streamlines the law but also removes outdated criminal offenses that were part of the colonial legal framework.

2. Introduction of New Offenses:

• Deceitful Promises of Marriage and Sexual Intercourse under False Pretenses: The BNS 2023 now criminalizes sexual intercourse under false pretenses of marriage, employment, etc. These new offenses address the existing contemporary societal issues and ensure that individuals are protected from these deceptive practices.
• Mob Lynching and Gang Rapes: More stringent laws have been made when it comes to mob lynching and gang rapes. The new provisions provide harsher penalties for such crimes, reflecting society’s demand for stronger measures against such heinous acts.
• The BNS 2023 also addresses organized crimes and terrorism, increasing the focus on National Security within the criminal justice framework.

3. Changes in Existing Laws:

• Section 377 of the Indian Penal Code, which criminalized homosexuality has been repealed. This marks a significant liberal shift, promoting equality and human rights.
• Provisions related to adultery have been repealed, making the new law gender-neutral.
• Modifications have been made to the laws criminalizing the publication of false and misleading information to ensure that the legal system effectively addresses the spread of misinformation.
• The Sedition Law has not been repealed, but just renamed from Rajdroh to Deshdroh. To this, the retired SC judge, Justice Chelameswar, says that the new criminal laws are like “Old Wine in New Bottles.”

The BNS 2023 aims to address the gaps and inefficiencies inherent in the colonial legal framework, offering a justice-based approach to criminal law. Alongside the BNS, the Bharatiya Nagarik Suraksha Sanhita (procedural law) and Bharatiya Sakshya Adhiniyam (evidence law) collectively govern the criminal judicial system.

The three new criminal laws are designed to be victim-centric and justice-centric, incorporating a humanized approach to the criminal justice system. They emphasize modernization and technology to align with contemporary needs while addressing social concerns and humanitarian values. However, despite these progressive aims, the laws have faced significant criticism from various stakeholders, including legal jurists, advocates, professors, and other stakeholders. Critics highlight challenges related to the enforceability and practical implementation of these reforms. 

Challenges with the New Criminal Laws

Following are some of the challenges faced by the New Criminal Laws according to the critics:

• Potential Abuse of Police Powers: One of the most debatable changes made in the New Criminal Laws is the extension of police custody from 15 to 60 days. Many critics argue that this change can lead to increased cases of police misconduct, including torture, wrongdoings, and misuse of powers. Advocate Colin Gonsalves stated that these new laws are more Draconian than e colonial-era laws.
• Ambiguity in Legal Definitions: Critics argue that the law includes several confusing statements like “compromising sovereignty, unity, and integrity of India”. Such statements lack precise definitions and create uncertainty. This vagueness raises concerns about the potential misuse of the law to target and suppress particular groups or sets of population, posing threats to human liberty and dignity.
• Implementation Challenges: Another concern regarding the new criminal laws includes their execution and implementation. People believe provisions such as mandatory videography of police procedures require necessary infrastructure and funds. As law enforcement agencies have limited resources and funds, effectively implementing the laws will be difficult.
• Lack of Uniform Sentencing Policy: The new criminal laws lack a standardized sentencing framework which many critics see as a missed chance to enhance equity and consistency within the Indian Criminal Justice System. A uniform policy could contribute to more predictable and fair outcomes in legal proceedings.
• Insufficient Legislative Deliberation: Many people criticized how new criminal laws have been enacted. According to them inadequate discussion and consultations were held. Besides, the suspension of numerous members of the parliament during the legislative session has given rise to concerns over the lack of comprehensive debate, necessary for framing meaningful and effective laws.

Based on the above GD discussion, it can be said that even though the new criminal laws have received criticism and concerns from different people this change is still a landmark in the history of India and its Criminal Justice System. However, to get better results from the change it is necessary to make a few changes in the infrastructure development of the criminal justice system, to ensure effective and efficient applicability and enforceability of the new laws.

Additionally, a continuous focus on implementation and stakeholder engagement is crucial to ensure a positive societal impact. By actively involving stakeholders—such as law enforcement agencies, judiciary members, legal professionals, and civil society organizations—we can work towards a criminal justice system that is more modernized and representative of contemporary India.

Ultimately, what matters most is whether justice is delivered effectively and promptly. The end motive of any criminal justice system should be centered on justice delivery. However, "justice delayed is justice denied"; therefore, timely delivery of justice is also necessary. If implemented with the right resources and focus, these three laws have the potential to play a pivotal role in ensuring speedy and equitable justice in the country. This would strengthen the legal framework and foster greater public trust in the criminal justice system, contributing to a safer and more just society.

Top Group Discussion (GD) Topics for MBA GD/PI 

Here are some of the important GD Topics for admission to MBA Programme at top B-schools/universities.

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