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Repealing the Past, Enacting the Future

The Union Home Minister, Amit Shah, introduced the Bharatiya Nyaya Sanhita (BNS) Bill in 2023. In his announcement, he stated, "[T]he laws being replaced primarily served the purpose of upholding British colonial administration, emphasizing punishment over justice." He continued, saying, "[T]he new legislation aims to protect constitutional rights and ensure the delivery of justice." This significant amendment to the criminal law system was driven by the need to address several longstanding issues within the existing criminal legal framework comprising of quandary creating social issues.

One such socio-legal issue is of gender discrimination. The Indian Penal Code (IPC) has been criticized for being gender-discriminatory, particularly in its treatment of rape and sexual assault as these laws perceive the males to be the perpetrators and not the victims. The amendment aims to make the law more gender-neutral rather than gender specific so that the rights of victims of sexual violence can be protected.

Another issue is of inadequate punishment. The IPC has also been criticized for not providing adequate punishment for certain crimes, such as rape, murder, and more. The IPC vests on the age old paraphernalia wherein the offender was subjected to a minimum liability in the form of fines and/or imprisonment. The amendment aims to increase the severity of punishment for these crimes in order to deter criminals, reduce the occurrence of offences, and protect the public.

Delayed justice is another social evil which is talked about while dealing with the criminal jurisprudence. The Indian criminal justice system is often slow and inefficient, leading to delays in the trial and sentencing of criminals. The amendment aims to streamline the process and ensure that justice is delivered more quickly.

Lastly, adding to these is the lack of clarity. The IPC has been criticized for being unclear and ambiguous in certain areas, which can lead to acquittals of criminals. The amendments aim to clarify the law and make it easier for prosecutors to secure convictions.

The Bharatiya Nyaya Sanhita (BNS) Bill of 2023 represents a proposed legislative initiative in India aimed at addressing longstanding issues that have hitherto remained unattended. This comprehensive legal framework is intended to supplant the extant Indian Penal Code (IPC). On August 11, 2023, the Honorable Home Minister of India, Mr. Amit Shah, introduced the Bill in the Lok Sabha. Notably, the BNS Bill engenders a profound transformation of the Indian criminal justice system and also underscores India's deep-rooted connection to its tradition and culture, exemplified by its incorporation of Sanskrit in its nomenclature—a feature that has stirred some measure of controversy. Some notable changes are that, firstly, the Bill aims to repealing the sedition law. Section 124A of the IPC, which criminalizes sedition, is repealed. This is a controversial provision that has been criticized for being used to stifle dissent.

Secondly, the Bill introduces novel provisions geared towards safeguarding the rights and well-being of women and children in the face of various forms of violence, encompassing cybercrimes, terrorism, hate crimes, honor crimes, and instances of mob lynching. 

Thirdly, a fundamental objective of the BNS Bill lies in expediting the path to justice for victims of criminal activities. This legislative endeavour facilitates the attainment of this goal by fortifying the rights of victims and witnesses within the criminal justice system. 

Lastly, the Bill underscores a pronounced commitment to enhancing the autonomy of the judiciary. In furtherance of this objective, the BNS Bill establishes a novel institutional entity, the Judicial Services Commission, entrusted with the task of adjudicating judicial appointments, thereby reinforcing the separation of powers and judicial independence.

The Bharatiya Nyaya Sanhita (BNS) Bill delineates a series of specific alterations poised to reshape the Indian criminal justice system. These amendments encompass the few key dimensions like offences, punishments, procedure, and jurisdiction. The BNS Bill ushers in a panoply of novel criminal offences, including but not limited to cybercrimes, acts of terrorism, hate crimes, honour crimes, and incidents of mob lynching. Concurrently, it institutes substantial augmentations in the punitive measures applicable to extant offences, such as sexual assault and homicide.

In the realm of penal sanctions, the BNS Bill introduces innovative punitive measures, notably the inclusion of community service as a penalty for select minor infractions. Furthermore, it escalates the upper thresholds for sentences meted out in cases of grave transgressions, exemplified by the prospect of life imprisonment as a potential sentence for acts of terrorism.

The BNS Bill initiates a comprehensive overhaul of procedural norms governing the investigative, prosecutorial, and adjudicative phases of criminal proceedings. Of particular significance is the heightened emphasis on fortifying the legal rights accorded to victims and witnesses ensconced within this labyrinthine judicial apparatus.

The BNS Bill imparts lucidity to the jurisdictional ambit of courts, specifically delineating their competence in adjudicating certain categories of offences. This aspect contributes to a more structured and transparent allocation of legal authority in the realm of criminal jurisprudence.    

The BNS Bill makes a number of significant changes to the Indian criminal justice system. Some of these changes are intended to protect the rights of citizens and provide justice rather than punishment.For example, the bill repeals Section 124A of the IPC, which criminalizes sedition. This is a controversial provision that has been criticized for being used to stifle dissent. The bill also introduces new provisions to protect women and children from violence, such as cybercrimes, terrorism, hate crimes, honour crimes, and mob lynching.

The bill also makes it easier for victims of crime to get justice by strengthening the rights of victims and witnesses. For example, the bill provides for the right of victims to compensation and restitution, and it also provides for the protection of witnesses from intimidation and harassment.

In addition, the bill strengthens the independence of the judiciary by creating a new Judicial Services Commission to appoint judges. This is intended to ensure that judges are appointed on the basis of merit and are not subject to political interference.

In summary, the Bharatiya Nyaya Sanhita (BNS) Bill carries certain inherent risks. Notably, critics have voiced concerns that the legislation might potentially curtail freedom of expression and impede dissenting voices. Furthermore, the bill has faced censure for its perceived intricacy and lack of clarity in specific provisions. The overarching impact of the BNS Bill remains a subject of ongoing debate. While there is the prospect of positive contributions to the Indian criminal justice system, it equally harbours the potential for adverse repercussions. The ultimate consequences of this legislation will only become evident with the passage of time, shedding light on its implementation and resultant effects.

Driving through the 2023 Union Budget from the perspective of Commerce Students.

Highlights of the Union Budget 2023-23

On February 1^st 2023 Smt. Nirmala Sitharaman Union Minister for Finance & Corporate Affairs presented the Union Budget 2023-24. The prime focus was mainly on the agriculture and education sectors, the 2023 budget also offered provisions for green growth and inclusive development of all parts of society. The Union Budget 2023-24 also gave us a broad idea of India’s economy and achievements during COVID-19. Students should be taught the importance of the budget and be encouraged to critically examine its aspects keeping this in mind we asked the XII Commerce Students to give their idea and understanding of the Union Budget 2023-24.

Income Tax & Personal Finance

Tax slab rationalization is announced under the new regime with new slabs as shown below:

Total Income (in Rs)	Rate (in %)
Upto 3,00,000	Nil
3,00,001 to 6,00,000	3
6,00,001 to 9,00,000	10
9,00,001 to 12,00,000	15
12,00,001 to l3,00,000	20
Above l3,00,000	30

 

Processing time for ITR was reduced from 93 days to 60 days.

An Integrated IT portal will be established for to reclaim unclaimed shares and unpaid dividends.
Tax rebate limit raised to 7 lakhs from 3 lakhs
The enhancement of this limit to 7 lakhs means that the person whose income is less than 7 lakhs need not invest anything to claim exemptions and the entire income would be tax-free irrespective of the quantum of investment made by such an individual. This will result in giving more consumption power to the middle-class income group.

Transport Infra Projects

Finance Minister Nirmala Sitharaman announced an investment of Rs 75,000 crore to modernize and revitalize 30 additional airports, heliports, water aerodromes, and advanced landing zones across the country. 100 crucial projects of transport infrastructure for the steel, ports, fertilizer, coal, and foodgrain sectors have been identified with private sources contributing Rs 15,000 crore. The projects are expected to unlock immense economic opportunities and provide a massive boost to the transportation sector. I think this would be a massive upgradation to the transport sector of the country.
 

Atmanirbhar Clean Plant Program

The Government of India has announced the Atmanirbhar Clean Plant Programme with an outlay of Rs. 2,200 Cr. This initiative will help improve the availability of disease-free and high
-quality planting material for high-value horticultural crops, thus boosting India’s agricultural productivity. The program will provide significant support to the farmers, enabling them to produce superior-quality harvests and maximize their income. This will definitely help farmers to get disease-free and good-quality of crops, which is good for society. Also, it will increase the earnings from the agricultural sector of the country.
 

Nursing Colleges at 4 Locations

FM announced that seven new nursing colleges will be opened in four locations across the country. I think is beneficial for a lot of people to grab the opportunity to build their careers. II will enhance the medical conditions of the country in the upcoming years.

Tours Updates

50 destinations will be selected through challenge mode to be developed as a whole package for domestic and international tourism. Tourism is emerging as one of the most profitable sectors all over the globe. The decisions taken regarding the increase in the destination of the tourism sector will definitely increase the number of national as well as international tourists.

 

Unlock Limitless Knowledge with the National Digital library

The Government of India, to make up for the learning loss caused by the pandemic, is proposing to set up a national digital library for children and adolescents. This ambitious project, proposed by Finance Minister Nirmala Sitharaman, will provide an opportunity to bridge the digital divide and provide access to world-class learning content for all. These will serve as great sources for the learners to get information of their choice and voice through every corner of the country.
 

Additional Analysis of the Union Budget 2023-23

1) National Data Governance Policy:-
The government has announced the launch of a national data governance policy. This policy, in the words of Finance Minister Nirmala Sitaraman, will unleash innovation and research From New India’s Startups.

2) Transport Infra Projects:-
  Finance Minister Nirmala Sitaraman has announced an investment of Rs. 75,000 crores to modernize and revitalize 50 additional airports, heliports, water aerodromes, and advanced landing zones across the country. The projects are expected to unlock immense economic opportunities and I think they would provide a massive boost to the transportation sector.

3) Making Natural Farming A Reality
The governance aims to facilitate 1 crore farmers in adopting natural farming over the next three years.

4) THE ROAD AHEAD
With the union Budget 2023-24, the government has shown its commitment to addressing the pressing issue of global warming and its efforts to transition to a more sustainable future. This budget sets the foundation for India’s green future and sets a great example for the rest of the world.
 

Conclusion of the Union Budget 2023-23

The budget 2023 was a mixed bag for High Net-Worth Individuals (HNIs), from the reduction in surcharge rate for (HNIs) to having Capitals gains from Market-linked debentures as short-term capital gains, there were some good, and some bad news.
Overall the experts were extremely pleased by the 2023 budget terming it as growth-oriented. This was the last full budget before the 2024 general elections, The Modi government also announced relief measures to woo the middle class with incentives such as tax rebates, other key highlights of the budget included the increases in Capital outlay by 33% to Rs.10 lakh Crore, the highest ever too boost Infrastructure, Manufacturing and more. What pleased the experts further was that despite the increase in investment, the government maintained its Fiscal deficit target at 6.4% for the Financial year 2023 and reduced it to 5.9% for the Financial year 2024.
 

 

Writers: 
Anuj Agrawal (XII-D Commerce)

Krish Hariyani (Class XI Commerce)