The Bharatiya Nyaya Sanhita 2023: A Sociological Analysis for UPSC Sociology Optional
July 16, 2024
Introduction
The Bharatiya Nyaya Sanhita 2023, Bharatiya Nyaya Surakshya Sanhita, and Bharathiya Sakshya Adhiniyam represent groundbreaking reforms aimed at modernizing India’s criminal justice system. These new codes replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act, addressing contemporary societal, technological, and legal challenges that have evolved since the colonial era. Drafted by a committee of legal experts and policymakers, these legislative frameworks are tailored to meet the evolving needs of Indian society.
Sociological Analysis
Positive Aspects
Functionalist Perspective:
- According to Parsons, power is a variable sum concept determined by the realization of collective goals. The new criminal codes enhance societal power by ensuring law and order, thereby satisfying the collective goal of society.
Feminist Perspective:
- The new criminal codes promote gender neutrality and adopt a victim-centric approach, with stringent punishments for crimes against women and children.
- Criminalizing ‘promise to marry’ aims to curb certain anomic marriage practices, protecting women from sexual harassment and subjugation.
Combating Deviance:
- The clear definition of terrorism and the punishment of life imprisonment for mob lynching serve as strong deterrents against deviant acts.
- Introducing community service as a punishment can increase social capital and social cohesion.
Postmodernist Perspective:
- With media as a tool of power and social dynamics, criminalizing the publication of fake news and misinformation, as suggested by Baudrillard’s concept of simulacra, strengthens social solidarity.
Educational Integration:
- Mandatory inclusion of law and order modules in educational curricula will enhance the cultural capital of students and youth.
Digital Technology Adoption:
- Aligning with Parsons’s AGIL model, integrating digital technology into the legal system enhances subsystem compatibility, fostering societal stability.
Negative Aspects
Subaltern Perspective:
- Critics argue that the new laws may be dysfunctional for marginalized groups. The first case under Bharatiya Nyaya Sanhita was against street vendors in central Delhi for obstructing public pathways.
Impact on Marginalized Communities:
- Changes in sentencing guidelines could increase prison populations and affect rehabilitation efforts, disproportionately impacting undertrials from marginalized communities.
Police Powers:
- Expanded police powers, such as the lack of a mandate for providing reasons for arrests, handcuffing, and property seizure, conflict with the welfare state mandate.
- Weber’s zero-sum theory suggests that power concentration in a single group could undermine democratic principles.
Feminist Perspective:
- The new codes do not criminalize marital rape, reflecting Sylvia Walby’s theory of state patriarchy, where laws mirror patriarchal structures.
Digital Divide:
- While e-FIR provisions seem beneficial, the digital divide and poverty in India pose challenges to their effective implementation.
- The cultural lag in adopting technology can hinder the seamless enforcement of the new codes.
Conclusion
The implementation of the Bharatiya Nyaya Sanhita 2023 and related codes represents a significant overhaul of India’s criminal justice system. These reforms aim to make the system more efficient, transparent, and responsive to contemporary needs. However, successful implementation requires a comprehensive reevaluation of institutional cultures and practices, alongside societal sensitization.
This sociological analysis highlights both the positive and negative aspects of the new criminal codes, providing a comprehensive understanding for UPSC Sociology Optional preparation.
