The Indian Penal Code (IPC), established in 1860, is being replaced by the Indian Judicial Code (BNS), effective from July 1. The government explained that BNS is being introduced to address problems in the current system and to make improvements in line with changing times.
The IPC had 511 sections, but the Indian Judicial Code will have 356 sections. Many sections have been removed, some have been amended, and several new sections have been added.
With the implementation of the Indian Judicial Code, the criminal justice system will undergo significant changes. Some crimes have been added while others have been abolished. For example, community service has been introduced as a punishment for the first time, and keeping fake notes will no longer be considered a crime.
Section 53 of the IPC lists five types of punishments: death penalty, life imprisonment, rigorous or simple imprisonment, confiscation of property, and fines. The Indian Judicial Code has introduced a new punishment, ‘Community Service,’ in Section 4(f) of the BNS. This new punishment aims to reduce the number of prisoners in jails by providing a legal alternative to incarceration.
This punishment will apply to minor crimes. For example, community service can be given for offenses like attempting suicide, obstructing a government servant, petty theft, causing a disturbance after drinking alcohol, and defamation.
Section 23 of the BNS defines community service as a punishment. It states that the court can order a convict to perform community service, which must benefit the public. The convict will not be paid for this work. Community service can include working for an NGO, assisting a community organization, cleaning, picking up garbage in public areas, or any other work that benefits the community.
Crimes for which community service can be given as punishment from July 1:
- Section 202: A government servant engaging in any kind of business can be punished with up to 1 year imprisonment, a fine, both, or community service.
- Section 209: If an accused person does not appear on a court summons, the court can sentence them to up to three years imprisonment, a fine, both, or community service.
- Section 226: Attempting suicide to obstruct a public servant in their duties can result in up to one year imprisonment, a fine, both, or community service.
- Section 303: A first-time offender who steals property worth less than Rs 5,000 and returns it can be sentenced to community service.
- Section 355: Causing a disturbance in a public place while intoxicated can lead to 24 hours imprisonment, a fine of up to one thousand rupees, both, or community service.
- Section 356: Defaming someone through speech, writing, gestures, or other means can be punished with up to 2 years imprisonment, a fine, both, or community service in some cases.
The Indian Judicial Code states that if a crime allows for a fine or community service, community service will be given if the fine is not paid. If the fine is 5,000 rupees, the person must do community service for 2 months. If the fine is 10,000 rupees, community service will last 4 months. In some cases, community service can be required for up to one year.
Possessing fake notes is no longer a crime
The Indian Judicial Code decriminalizes mere possession of fake notes but imposes stricter punishment for using them as genuine. Previously, Section 242 of the IPC stated that possessing fake currency could lead to up to three years of imprisonment and a fine. Now, under the new Section 178, merely having fake currency is not considered a crime. However, Section 180 of the BNS specifies that intending to use counterfeit currency as genuine can result in up to seven years of imprisonment, a fine, or both.
Also Read: Siwan Bridge Collapse: Yet Another Bridge Crumbles With Pillars Collapsing In Bihar | WATCH
