Deep Dive | Ep 14 | Bharatiya Nyaya Sanhita (BNS)

  • 2 months ago
#DeepDiveWithOutlook | Despite its intent to modernize the legal system, the Bharatiya Nyaya Sanhita (BNS) has faced significant criticism for retaining outdated and controversial provisions, such as the marital rape exception. We explore the timeline of its implementation, the changes introduced, and the concerns raised by critics.

Reporter: Rahat Sharma
Videographer: Animikh Chakrabarty
Script: Avantika Mehta

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Transcript
00:00The Bharatiya Nyaya Sanita, or BNS, faces criticism.
00:04It retains the marital rape exception and uses the term
00:08outraging the modesty of a woman instead of sexual assault.
00:12Critics say it doesn't protect victims of non-consensual intimate imagery
00:17and ignores rape involving males or transgender individuals.
00:22The new sovereignty law, seen as vague and restrictive of free speech
00:27Welcome to Deep Dive with Outlook.
00:29Today, we look at India's new criminal laws.
00:32What's changed, what remains the same, and what could have been better,
00:37according to experts.
00:38On July 1, 2024, India implemented the BNS.
00:43This new code replaces the Indian Penal Code in place since British rule.
00:48The process began on August 11, 2023,
00:52when Home Affairs Minister Amit Shah introduced the bill.
00:55After several discussions, Parliament passed the bill in December 2023.
01:00The President approved it on December 25, 2023.
01:05The BNS introduces 20 new offences and removes 19 outdated ones.
01:11Sentences for 33 crimes have been increased,
01:15fines for 83 offences have been raised,
01:18and mandatory minimum punishments have been set for 23 crimes.
01:23Community service is now a penalty for 6 offences.
01:27The BNS addresses body crimes like organized crime and terrorism.
01:33It also changes the age threshold for gang-rape victims to 18 years.
01:38Property crimes now include cybercrime and financial fraud.
01:42The sedation law has been replaced with a new offence
01:46focused on acts endangering India's sovereignty.
01:49Mob lynching is now a separate offence under the BNS.
01:53Several cases have been already registered under the BNS.
01:57These include charges of obstruction,
02:00rash driving, and harassment of women.
02:03In Telangana, two people were charged with rash driving.
02:07In Jammu and Kashmir, police registered several FIRs in Srinagar,
02:12Anantna, and Baramulla.
02:14The BNS aims to modernize India's criminal justice system,
02:18addressing colonial legacies while striving for justice.
02:22Only time will tell how effective these changes will be.

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