Abstract

The Parliament of India brought in the new Bharatiya Nyaya Sanhita, 2023 ( BNS) in the place of Indian Penal Code, 1860 (IPC). Along with BNS, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) were also passed. The Criminal Procedure Code, 1973 has been replaced by BNSS and the Indian Evidence Act, 1872 has been replaced by BSA. The notification of the BNS brought to a grinding halt, the more than 160-year-old IPC. The British time IPC was in force even after Indian independence because our Constitution has continued in force all the existing laws at the commencement of the Constitution till, they are amended or repealed by competent legislature and that continued IPC as well. The word ‘Indian’ in IPC has been replaced by Bharatiya and instead of ‘Penal,’ Nyaya meaning Justice has been preferred in the title. But throughout the Sanhita ie the Code, in hundreds of places, the word India is but retained. Section 1 of BNS has the word ‘India’ 15 times. The object of this paper is to analyse critically the provisions of IPC and BNS on offences against the state. There are several other terrorism and defence of India related offences against the state in other laws in India. But this study confines itself to IPC and BNS. Security of the nation is a supreme value and so the offences against the state will have to be suppressed with an iron hand. Further S. 124A of IPC on sedition was very controversial due to its conflict with the right to free speech and this study attempts to inquire into the change in this regard.

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