Bhartiya Nyaya Sanhita General Introduction of crime

Introduction

Crime and Criminal both are looked upon with greatest hatred from all the people in society but it is also true that the study of law of crimes is a fundamental branch of law that deals with offences against the state or society as a whole. Bhartiya Nyaya Sanhita is a major criminal law reform that replaces the Indian Penal Code, 1860 which is a colonial law introduced by the British. It has been Enacted to serve the needs of modern India, BNS aims to make the criminal justice system more victim-centric, technology-driven, faster, and more aligned with Indian constitutional values. It does not only aim to punish criminals as in Indian Penal code, but it provides justice (Nyaya) to the people.

In India the primary sources of criminal law are:

• Bhartiya Nyaya Sanhita, 2023
• Bhartiya Nagarik Suraksha Sanhita, 2023
• Bhartiya Sakshya Adhiniyam, 2023

History of Bhartiya nyaya Sanhita

Bhartiya Nyaya Sanhita has been enacted in 2023. Before it, India has been governed by Indian penal code. Breaks from colonial past and aligns with 21st-century crime trends, this major reform has been introduced by the parliament.

1. Colonial Background – The Indian Penal Code (IPC), 1860

The Indian Penal Code was drafted by Thomas Babington Macaulay in 1834. It was designed to serve British colonial interests, not necessarily Indian values. Despite being a well-structured and durable code, it remained largely unchanged for over 160 years, with only a few amendments.

2. Need for Reform

The Outdated provisions from colonial times, Lack of provisions for modern crimes like digital fraud, organised crime and Slow trials and conviction rates and inefficiency of criminal justice.

3. Law Commission Recommendations

The Law Commission of India in various reports (like 42nd, 156th, and 262nd) suggested comprehensive reforms in criminal laws.

4. 2020 – Government Initiative for Overhaul

In 2020, the Ministry of Home Affairs (MHA) initiated a process to revamp the criminal laws and invited suggestions from Judiciary, Police officials, Law universities, Legal professionals and Civil society.

5. Drafting of New Bills (2023)

On 11 August 2023, Union Home Minister Amit Shah introduced three new criminal law bills in Lok Sabha and come into enforcement on 25th December 2023. These are:

1. Bhartiya Nyaya Sanhita, 2023
2. Bhartiya Nagarik Suraksha Sanhita, 2023
3. Bhartiya Sakshya Adhiniyam, 2023 

6. Structure of IPC

The BNS is divided into 20 chapters and contains 358 sections. It covers a wide range of offences like offences against the state, offences against human body, offences against property etc.

Importance of BNS

Essential Highlights of Bhartiya Nyaya Sanhita

1. Use of technology in investigation and trials
2. Trial in Absence of Accused
3. Community Service as Punishment
4. Inclusion of modern crimes (e.g. terrorism, mob lynching)
5. Mandatory forensic investigation in serious crimes
6. Encouragement of electronic FIR (e-FIR) and Zero FIR
7. Aims to reduce delays in justice delivery and ensure speedy trial

Definitions of Crime

Crime is defined as “an act punishable by law as forbidden by statute or injurious to the public welfare.”

1. Bentham:- “Offences are whatever the legislature has prohibited for good or bad reason.”

2. Blackstone:- “An act committed or omitted in violation of a public law either forbidding or commanding it.”

3. Stephen:- “Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society.”

4. Austin:- “A wrong which is pursued at the discretion of the injured party and his representatives is a civil injury; a wrong which is pursued by the Sovereign, or his subordinates is a crime.”

Elements of Crime

There are four essential elements to constitute a crime in Bhartiya Nyaya Sanhita

1. Human Being:- A human being must have done the Act it is only after then punishable by law. It cannot be done by animals or inanimate object because evil intent is required to constitute a crime which they do not possess.

2. Mens rea or Intention:- It refers to the mental state and intent of the person at the time of committing the act. This means an act in order to be punishable at law must be a willed act or a voluntary act and at the same time must have been done with a criminal intent.

Types of mens rea include:

• Intention
• Knowledge
• Recklessness
• Negligence

“Actus non facit reum nisi mens sit rea”- It means that act alone does not make a man guilty unless his intentions were so. It is a well-known principle of natural justice. No person could be punished in a proceeding of criminal nature unless it can be shown that he had a guilty mind.

“Actus me invito factus non est mens actus”- It means that an act done by me against my will is not my act at all. For any criminal Liability there must be a ‘voluntary act.’

Some Important Case Laws on Mens rea: -

1. R vs Allday

Held- No man is guilty unless his mind is guilty.

2. Sherras vs De Rutzen 1895

Held - It was held by Justice Wright that: -

• There is presumption that mens rea is a fundamental part in every offence.
• Unless the opposite is proven, mens rea is assumed in every statute.
• However, that presumption of mens rea may be displaced either by the words of the statute or by the subject matter with which it deals, and both must be considered.

3. State of Maharashtra vs M.H. George AIR 1965 SC 722

Held - The Supreme Court held that mens rea is not required where the statute clearly imposes strict liability.

3. Actus reus or act

A human Being and mens rea are not enough to constitute a crime, there should be some act or omission which is forbidden by law. An act includes illegal omissions also. A man is held liable if some duty is cast upon him by law and he omits to discharge that duty.

4. Injury to Human Beings

The above act should inflict some harm or injury on other person. The Bhartiya Nyaya Sanhita defined Injury under Sec 2(14) denotes that ‘any harm whatever illegally caused to any person, in body and mind, reputation or property’.

Stages of Crime

Criminal liability develops through four distinct stages in Bhartiya Nyaya Sanhita, hereinafter mentioned: -   

1. Intention (Mens rea):- It is the mental decision to commit a crime. It is the first stage of crime and involves the formation of guilty mind. It is not punishable unless expressed through some overt act, but it is the most crucial part for proving guilt in most crimes.

Example: - A plans to kill B in his mind but does not act yet

2. Preparation:- It is known as the planning stage where arrangements are made to commit the offence. Generally, this stage is not punishable under Bhartiya Nyaya Sanhita but there are some exceptions of offences such as Dacoity, waging war against the state, etc.

Example: - A buys poison for killing B

3. Attempt:- It has not been anywhere defined in Bhartiya Nyaya Sanhita. It is an action in furtherance of the intention and preparation of a person to commit a crime. It is Punishable under Bhartiya Nyaya Sanhita.

Example: - Pulling the trigger but missing the target; trying to pickpocket an empty pocket

4. Accomplishment:- The final and Last stage where the criminal act is fully executed, fulfilling both actus reus and mens rea. It is fully punishable as the offence has been committed under Bhartiya Nyaya Sanhita.

Conclusion

Criminal law forms a cornerstone of the legal system. It has not only been against morals perceived in society but also prohibited by law and punished under Bhartiya Nyaya Sanhita. This Act has been evolved to bring reform in criminal laws. Crime cannot be punished under Bhartiya Nyaya Sanhita without having some essentials elements such as human beings, mens rea, actus rea, and injury. Understanding the stages of crime—intention, preparation, attempt, and commission—is essential in criminal law for determining a punishment. While not all stages are punishable (such intention or preparation), the attempt and accomplishment of a crime often lead to punishment.