Following amendment in the Indian Penal Code (IPC), Bharatiya Nyaya Sanhita (BNS) came into effect on July 1, 2024 replacing 23 chapters and 511 Sections of the IPC with 19 chapters and 358 sections of the BNS.
A joint reading of the provisions of BNS and IPC reveals that both the laws are still in operation. The former is operational with regard to offences committed prior to July 1, 2024 and the latter with regard to offences committed after July 1, 2024
Sections 147 to 158 of BNS deal with the offences against the state, such as waging war or attempting and abetting to wage war against the government of India, committing acts endangering the country’s sovereignty, unity, and integrity, etc. Sections 189 to 197 deal with the offences against public tranquillity. They include offences of unlawful assembly, rioting, etc.
These provisions grant the governments the right to suppress the voices of citizens. They ate violative of the fundamental rights to equality, life, and personal liberty. It is becoming a “key tool for opposition-free governance.” They undermine the basic structure of the Constitution and create an arbitrary attitude among government officials. These colonial provisions were challenged before the Allahabad High Court without success.
Chapter 7 of BNS has Sections 147-158 which deal with Offences Against the State.
Chapter 11 of BNS has Sections 189-197 which deal with Offences Against the Public Tranquility.
Notably, Chapter 6 of IPC too has Sections 121-130 which deal with Offences against the State and Chapter 8 of IPC has Sections 141-160 which deal with Offences against the Public Tranquillity.
The nine Sections 141, 142, 143, 144, 145, 150, 151, 157 and 158 of IPC for "Unlawful Assembly" under IPC have been clubbed under Section 189 of BNS.
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