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Examine the importance of the Bharatiya Nyaya Sanhita (BNS) as it supersedes the Indian Penal Code (IPC) and assess its influence on modern Indian criminal law. Evaluate the pivotal changes brought about by BNS and analyze the obstacles and issues linked with its enforcement.

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Category: Polity (GS -II),

Test Date: 01 Jul 2024

Approach:

  • Introduction: Briefly introduce the context of the introduction of the Bharatiya Nyaya Sanhita (BNS) along with its counterparts, replacing colonial-era laws.
  • Key Reforms Introduced by BNS: Discuss the significant changes brought by BNS:
    • Criminalization of deceitful sexual intercourse and recognition of murder based on race, caste, or community.
    • Inclusion of organized crime, terrorism, mob lynching, and hate crimes.
    • Introduction of trials in absentia and extended police custody.
    • Victim-centric approaches such as timely trials and community service as an alternative punishment.
  • Evaluation of Impact
    • Positive aspects of BNS (Advancements in addressing contemporary criminal activities; Protection of vulnerable groups)
    • Discuss the concerns and challenges (Lack of clarity on gender neutrality in rape laws; Broader definitions potentially impacting civil liberties)
  • Wrap up your answer with way forward

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