A crime is a public wrong committed against society at large. The state assumes the responsibility of prosecuting and punishing the offender, distinguishing it from civil wrongs which are private disputes.
1. Evolution of Criminal Codification in India
- Pre-Colonial Notions: Criminal justice was governed by customary religious laws—Hindu law (principles of Dharma and Danda), Muslim law (classifications of Qisas, Hudud, and Tazir), and tribal customary norms.
- Colonial Reception: Lord Macaulay drafted the Indian Penal Code (IPC) in 1860, blending English common law with local adaptations.
- The BNS 2023 Transition: The Parliament of India enacted the Bharatiya Nyaya Sanhita (BNS), 2023 to replace the IPC, modernizing language, simplifying structures, and adding progressive concepts like community service.
2. Structure Comparison: IPC 1860 vs. BNS 2023
| Indian Penal Code (IPC), 1860 | Bharatiya Nyaya Sanhita (BNS), 2023 |
|---|---|
| Contains 511 Sections divided into 23 Chapters. | Simplified to 358 Sections divided into 20 Chapters. |
| Joint Liability governed by Section 34. | Joint Liability governed by Section 3(5). |
| No separate provision for sexual acts under false promises. | Introduced groundbreaking Section 69 for deceitful promises. |
| Punishments did not include non-custodial options. | Introduced Community Service for petty offenses. |