Patna, the Bharatiya Nyay Samhita (BNS) is a much-needed replacement of the colonial-era Indian Penal Code but fails to address modern concerns such as marital rape, criminal defamation and the death penalty, a leading jurist said on Monday.
Faizan Mustafa, a renowned jurist who is also vice-chancellor of Patna's Chanakya Law University, made the observation at a workshop organized here for the three criminal laws that will come into force next month.
"The Indian Penal Code had a staggering 511 sections which have been drastically reduced to less than 400 in the BNS. It is a welcome change. In view of the problems we encounter in the contemporary world, there are provisions regarding lynchings for by mobs and sexual violations, exploitation by making a false promise of marriage," said Mustafa.
He said, "Union Home Minister Amit Shah was kind enough to give me an opportunity to share my views on the new laws when the Standing Committee was drafting the bill."
Mustafa said that despite many positive changes, the new laws leave a little to be desired.
"It is now a well-established opinion in law that marriage does not give a man the right to force his wife on him. But the issue of marital rape has not been directly addressed," Mustafa said.
He also said the crime of defamation remained, but should have been removed.
Many countries treat defamation as a civil matter and India could have done the same, Mustafa said.
"But it is a fact that societies tend to have different levels of maturity. Most countries have abolished the death penalty. We are not ready for that yet. In fact, the number of sections in which the maximum penalty has increased is the death penalty. in BNS," said the legal expert.
"Likewise, while many countries have eliminated sedition laws, the SNB has abandoned use of the term, but the law is, in effect, even stricter with respect to acts that endanger sovereignty, the unity and integrity of India. Mustafa said.
He also opined that most Eastern societies, including Islamic countries, China and India, emphasize punishment of crime in justice.
"We owe it to the West that attention is gradually shifting towards reform. The West learned from its own experience that it is the certainty of punishment, and not the intensity, that acts as a deterrent against crime," Mustafa said.
He cited the example of England, where, in medieval times, even pickpockets were punishable by death and the accused was publicly executed.
"One of those public execution sites was near what is now called Russell Square in London. It has been reported that 21 people once had their pockets picked while they were watching a person being hanged for the same crime," Mustafa said.
The legal wizard, who spoke in the presence of some senior officials of the Bihar Police, praised the state government for showing excellent preparation for the new laws, including the BNS, which will come into force from July 1.
Faizan Mustafa, a renowned jurist who is also vice-chancellor of Patna's Chanakya Law University, made the observation at a workshop organized here for the three criminal laws that will come into force next month.
"The Indian Penal Code had a staggering 511 sections which have been drastically reduced to less than 400 in the BNS. It is a welcome change. In view of the problems we encounter in the contemporary world, there are provisions regarding lynchings for by mobs and sexual violations, exploitation by making a false promise of marriage," said Mustafa.
He said, "Union Home Minister Amit Shah was kind enough to give me an opportunity to share my views on the new laws when the Standing Committee was drafting the bill."
Mustafa said that despite many positive changes, the new laws leave a little to be desired.
"It is now a well-established opinion in law that marriage does not give a man the right to force his wife on him. But the issue of marital rape has not been directly addressed," Mustafa said.
He also said the crime of defamation remained, but should have been removed.
Many countries treat defamation as a civil matter and India could have done the same, Mustafa said.
"But it is a fact that societies tend to have different levels of maturity. Most countries have abolished the death penalty. We are not ready for that yet. In fact, the number of sections in which the maximum penalty has increased is the death penalty. in BNS," said the legal expert.
"Likewise, while many countries have eliminated sedition laws, the SNB has abandoned use of the term, but the law is, in effect, even stricter with respect to acts that endanger sovereignty, the unity and integrity of India. Mustafa said.
He also opined that most Eastern societies, including Islamic countries, China and India, emphasize punishment of crime in justice.
"We owe it to the West that attention is gradually shifting towards reform. The West learned from its own experience that it is the certainty of punishment, and not the intensity, that acts as a deterrent against crime," Mustafa said.
He cited the example of England, where, in medieval times, even pickpockets were punishable by death and the accused was publicly executed.
"One of those public execution sites was near what is now called Russell Square in London. It has been reported that 21 people once had their pockets picked while they were watching a person being hanged for the same crime," Mustafa said.
The legal wizard, who spoke in the presence of some senior officials of the Bihar Police, praised the state government for showing excellent preparation for the new laws, including the BNS, which will come into force from July 1.
