CHANDIGARH –( Advocate Hemant Kumar)From today 1st July 2024, three new Criminal Laws, as enacted by Parliament of India in Dec, 2023 have come into force. While Bharatiya Nyaya Sanhita (BNS), 2023 replaces 164 years old Indian Penal Code (IPC),1860, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 subsumes 51 years old Code of Criminal Procedure(CrPC), 1973 while Bharatiya Sakshya Adhiniyam(BSA), 2023 has replaced 152 years old Indian Evidence Act (IEA), 1872.
Meanwhile, amidst enforcement of aforementioned three new Criminal Statutes, Hemant Kumar, an Advocate at Punjab & Haryana High Court, Chandigarh has pointed out a grave anomaly/discrepancy in both Sections 64(1) and 68 of BNS, 2023 vis-a-vis their corresponding provisions in First Schedule to BNSS, 2023.
The Advocate said that section 64(1) of BNS, 2023 (corresponding to Section 376(1) of erstwhile IPC, 1960) mentions that whoever, except in the cases provided for in sub-section (2) commits Rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than 10 years, but which may extend to imprisonment for life, and shall also be liable to fine.
However, in the corresponding First Schedule to BNSS, 2023 which pertains to Classification of Offences, Punishment for Rape has been specified as Rigorous Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine.
Similar is the case with Section 68 of BNS, 2023 (previously Section 376C of erstwhile IPC, 1960) which pertains to Sexual Intercourse by a person in authority. In ibid legal provision too, the words- rigorous imprisonment of either description have been used therein however its corresponding provision in BNSS, 2024 only the words -rigorous imprisonment have been used.
Hemant argues that when the term ‘rigorous’ is itself mentioned in the aforementioned two Sections of BNS, 2023 viz. Sec 64(1) and 68, then why the term ‘either description’ appears thereafter which means either Rigorous, that is with hard labour, or else Simple as per Section 4 of BNS, 2023. When the word “rigorous” has been used, then further usage of words “either description” makes it contradictory.
Hence, in view of the above, there is clear discrepancy pertaining to Punishment for Rape in Section 64(1) of BNS, 2023 as well as Sexual Intercourse by a person in authority in Section 68 of BNS, 2023 and their corresponding provisions (entries) in First Schedule to BNSS, 2023, asserted Hemant.
Leave a Reply