| Introduction: Give a brief context to the question Body: Analyse provisions of BNSS related to accidents, petty crime & theft. Conclusion: Way forward |
The Bharatiya Nyaya Sanhita (BNS) of 2023 passed in Parliament is set to replace the Indian Penal Code (IPC), 1860 & designed to introduce significant changes to India’s criminal justice system.
Fatal accidents
- Punishment: BNS 2023, provides for a maximum of 10 years of imprisonment in the case of a fatal accident if the accused person escapes without reporting to the police or a magistrate. The proposal was put on hold after a strike from truck drivers.
- Disproportionate punishment: An increase in the sentence from five to 10 years of imprisonment for just fleeing the scene without reporting to the police or a magistrate soon after the accident seems disproportionate. The only benefit seems that vehicle details are known.
- Violation of Fundamental Right: The clause related to fatal accidents Section 106(2) seems to conflict with the fundamental right of prohibition against self-incrimination enshrined under Article 20(3) of the Constitution of India.
Petty Organised Crime
- Introduction of Petty Organized Crime: The BNS introduces a new offense, “petty organized crime,” covering theft, cheating, and other similar acts. However, vague language in the law, such as “any other similar criminal acts,” lacks clarity on what constitutes an offense, raising interpretational concerns.
- Ambiguity in Definitions: Certain offenses lack specific definitions within the BNS, adding to the ambiguity. The inclusion of terms like “unauthorized selling of tickets” without clear parameters further complicates the legal framework, potentially leading to inconsistent application.
- Legal Challenges: The absence of maximum sentence limits for offenses labeled as “petty organized crime” raises questions of proportionality and legality. Without clear guidelines, comparisons with existing offenses may highlight discrepancies, potentially inviting legal challenges to the provision’s constitutionality and adherence to legal principles.
Theft
- Legal and Practical Challenges: The provision in Section 303 of the BNS, categorizing theft of property under ₹5,000 as non-cognizable, poses issues both legally and practically. While it eases police workload, it leaves financially vulnerable individuals without recourse for justice.
- Impact on Vulnerable Individuals: The ₹5,000 threshold may not affect the affluent but significantly impacts those with limited resources, like students or daily wage earners, who cannot afford legal action for stolen property below this value.
- Legal Ambiguity and Solutions: The interaction between non-cognizable offenses and potential imprisonment for theft under ₹5,000 creates legal complexities. Addressing this may require redefining theft and considering alternate punishments. Making theft of any value cognizable could ensure police surveillance and access to justice for all victims.
Conclusion
Any legal framework should uphold principles of justice and fairness and balance the need for security with respect for individual rights and freedoms.
