This paper was written by an Anbunila student who is in their third year of a BBA LLB program at Bharath Institute of Law.
INTRODUCTION:
The system in Bharatiya Nyaya Sanhita in India is of rehabilitation and preventive nature. Crime analysis is something that law professionals need to do to help propose a better reform of criminal law in India through a better legal structure. This approach relies more on the psychology of a criminal and covers the thought processes of the criminals. In these respects, the operation of the system is to make sure that the legal responses are not only fair, but can reform. This you could consider to be a progressive approach to criminal justice, with the goal is to prevent the reoffending of criminals and help reintegrate into society. In this way the system, through education and reform, aims at developing a better efficient and fairer legal setting. The Bharatiya Nyaya Sanhita aims at meritocracy within the Indian prison system and understanding the forensic psychology. It finds the compelling need of examination that is grounded in psychology, virtue, societal linkages, and criminology is able to uncover the causes of offenses. Consequently, the main ground of regulation that seeks to assure justice, representation, as well as improve the jail-based treatment facility. The law is not antagonistic and looks to create a situation where those who did the crime are the same people who can enjoy the benefits of the experience, as daughters are to cancellation within their hearts. By recognizing the inner processes of human behavior and situational cues that precede the commission of a crime, it wants to lay down a legal framework that functions with a restorative objective in addition to a punitive one. It is a project done by well-skilled professionals such as a judge or lawyer, a psychotherapist, and a sociologist who devise the right choices that bring turnaround to the rate of crime.
PSYCHOLOGICAL THEORIES BEHIND CRIMINAL BEHAVIOUR:
SOCIOLOGICAL INFLUENCES:
Criminal psychology is a set of ideas in that explain why people turn into criminals, this is based on theories such as the strain theory that states that every individual is compelled to crime by pressures within the society. Also, according to social learning theory, environment and peers influence determine the learning process. In the context of the Bharatiya Nyaya Sanhita, these theories are richer in offering an understanding of offenders’ motivation as well as their mental status. It is important to understand these motives because it enables one to provide early interventions that will address the issues making the individuals turn into criminals. This understanding can go along way to assisting the development of proper legal interventions and treatment programs thus enhancing a more efficient and fair legal system. In addition, the application of these theories into criminal justice polices can improve preventions, decrease the rate of recidivism, and facilitate social reintegration of the offenders. Related in Bharatiya Nyaya Sanhita Regarding to the Acharyas of Bhatriya Nyaya Sanhita, some are as follows:
BIOLOGICAL CHAPTERS:
1. Genetics: Combining results of the studies shows that there is evidence that genes can increase ones liability to be antisocial or criminal. Research with twins and families indicate the possibility of inherited factors that may be concerns with behavior protractions.
2. Neurotransmitters: Chemical inequalities in the intensity of neurotransmitter substances such as serotonin and dopamine are related to mood and impulse control. Perhaps such disparities are associated with the aggressive or even the antisocial activity of people.
3. Brain Structure and Function: Defective areas of the brains connected with criminal tendencies are the prefrontal cortex associated with controlling impulses and making right decisions, and the amygdala with managing the emotions.
4. Neurological Conditions: Some neurological disorders or brain injuries same with the difficulty in exercising proper judgment and controlling our actions thereby resulting in criminal behaviors.
When incorporating these biological aspects into the legal domain within the bharatiya nyaya sanhita it is likely that the proposed way would consist in pondering such on how biological features could impact the criminal responsibility or whether the recidivists need treatment or penalties.
PROFILING AND PREDICTING CRIMINAL BEHAVIOUR:
CRIMINAL PROFILING TECHNIQUES:
Targeting and a prior identification of criminal activity require the assessment of patterns, precipitating factors, and psychological characteristics of offenders. Some of the methods include the behavioral analysis, geographical profiling, and the use of statistical analysis. These methods help in apprehension of suspects and they are very useful when it comes to anticipating and preventing other cases. Knowledge of psychological and environmental factor greatly helps in the evaluation and determination of criminal intents. Profiling thus involves the study on the sociological background, past history and the demographics of individuals which can help in the narrowing down of individuals. This also helps in coming up with proper strategies to ensure that incidences of crime are spotted early and proper measures put in place to ensure that the public is safe, and incidences of crime reduced.
TYPOLOGIES OF CRIMINALS:
Looking into the nature of offenders, people focus on such typologies as organized, disorganized and white-collar criminals. Each of them has his or her unique psychological profile and the reasons for committing a crime can be traced back to the characters’ early experiences and influences. To be more precise, where the first type will be characterized by excessive order and calculation – as is inherent to many different types of organized crime – the second will be typified by impulsivity or a lack of planning. On the other hand, white-collar criminal tend to justify their wrong doing by use of rationalization due to greed and ambition among other factors. Knowledge of these patterns helps in ways of prevention and early interventions and in the rehabilitation of the offenders. It is thus possible for society to come up with preventive measures that focus on eradiculating the causes of crime and developing rehabilitation measures which will effectively lead to reduction in crime rates in society.
INTRODUCTION OF NEW OFFENCES AND CRIME UNDER BNS
SECTION 95:
Using a child in order to commit a crime provide hire, engage or employ is a new offence in BNS. There is no punishment in IPC to punish a person who employ or engage a child with a view to commit offences. A new section 95 of BNS has been added to hire, employ, engage or use a child for the purpose of committing the offence including sexual exploitation or pornography offence as if the child himself has committed the offence.
SECTION 304
Snatching: Section 304 of BNS defines theft as snatchings and this means a person commits theft and while doing so he suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from possession of any other person any movable property.
SECTION 69
Sexual Intercourse: Employing deceitful means is a new offence availed under Section 69 of the BNS. Deceptive techniques may be in the form of employment offers, promises of promotion or marriage to an obscured identity, or undertaking any paid activity.
NEGLIGENCE OF THE DOCTOR:
Limited to punishment for proof of a registered medical practitioner causing the death due to negligence whilst carrying out invasive procedures. It was a general term applied under the earlier section 304A of IPC which pertained to negligence but somehow, affected forgetfulness, on a medical practitioner.
GENDER NEUTRALITY UNDER BNS:
The BNS has used the gender neutral term 'whoever' instead of 'any man who' used in Sections 354 B and 354C of IPC for crimes like assault or use of criminal force to woman with intent to disrobe her and Voyeurism under Sections 76 and 77 of the BNS respectively. For offences relating to harbouring deserter, the word "wife" is substituted by the term "spouse" in the exception of this section thereby making it gender neutral.The offence relating to importation of a person from foreign country has been made gender neutral to cover both boys and girls in Section 141 of the BNS whereas the word 'importation of girl from foreign country' is used in Section 366B of IPC. Since both boys and girls are procured for sexual exploitation, in Section 366A of IPC, the expression "minor girl" has been substituted with the word "child" in Sections 93 to 99 of BNS to cover even male and female children below the age of 18 years and the offence of procurement has been made punishable. Uniformity has been brought in the usage of expression 'child' all over BNS by substituting the expression 'minor' and 'child under the age of eighteen years' with the word 'child'.
INCREASED PENALITIES/ FINES FOR MANDATORY MINIMUM PUNISHMENT UNDER BNS:
SECTION 103:
Murder: Section 103 of BNS provides that whoever commits murder shall be punished with death or imprisonment for life which means imprisonment for the remainder of a person's natural life and shall also be liable to fine.
SECTION 106(2):
Hit and run cases- Under Section 106(2) of BNS, if a driver causes the death of a person by rash and negligent driving and "escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine." The said section is kept in abeyance at present.
The BNS has incorporated mandatory minimum punishment in 23 offences including buying child for the purpose of prostitution, organised crime, terrorist act, hurt to deter public servants from his duty, personating a public servant, theft etc. Increase in fine punishment - The BNS has increased punishment of fine in 83 offences. Fine of 10/-, 100/-, 200/-, 250/-500/- etc. have been enhanced to 1000/-, 2500/-, 5000/-,10,000/- etc to make the fine contemporaneous.
CONCLUSION:
In terms of criminal minds, examination may occur in the psychological, social or environment. If we can understand why people get involved, who they are, and what kinds of activities they tend to pursue, we should be able to do something quite effective by way of prevention programs (as well as potentially useful rehabilitation efforts). Such a holistic approach not only creates a safer community, but also targets the underlying causes of criminal behavior—resulting in long-term transformations and decreasing rates of second-offending. BHARATIYA NYAYA SANHITA reveals that how complex the human behaviour is and what gives rise to criminal activities. To administer the most equitable and efficient justice, balancing accountability with reformative and reintegration potential while considering the mental state of offenders are needed within our legal system.
REFERENCE:
1. https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023
2. https://sudhirrao.com/section-22-bns-section-22-of-bharatiya-nyaya-sanhita-bns/
5. https://indianexpress.com/article/explained/explained-law/indias-new-criminal-laws-9425076/
6. https://blog.ipleaders.in/prison-system-role-and-reforms-made-w-r-t-india
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