Myth-Busting: Criminal Law in India - A Comparative Study of IPC, BNS and Beyond

Criminal law in India is a complex web of laws and codes that have evolved over time. While the Indian Penal Code (IPC) is the bedrock of our criminal jurisprudence, the Bombay Nursing Home case of 1957 marked a significant shift in the way we approach criminal law. In this article, we'll delve into the myths surrounding the IPC and explore how it compares to other statutes like the BNS (Bombay Nursing Home case) and the more recent POCSO Act. Let's start with the IPC, which is a relic of the British colonial era, written in 1860. The IPC is a sprawling code that covers a wide range of crimes, from murder to defamation. But the IPC's structure, which is based on the English system of common law, has been criticized for being outdated and inflexible. For instance, the IPC's concept of "abetting" a crime, as seen in section 107, is a holdover from the British era and has been interpreted in various ways by courts over the years. Now, enter the BNS case, which is often cited as a landmark judgment in Indian criminal law. In this case, the Supreme Court of India struck down the Bombay Nursing Home Act of 1957, which had made it an offense to practice medicine without a license. The court's reasoning in the BNS case, as seen in

Justice Gajendragadkar's judgment

, was that the Act was unconstitutional as it infringed on the fundamental right to practice a profession. Fast forward to the present day, and we have the POCSO Act of 2012, which aims to protect children from child abuse. The POCSO Act is a significant departure from the IPC, as it creates a separate law that deals specifically with child abuse crimes. The POCSO Act has been praised for its comprehensive approach to dealing with child abuse, but it has also been criticized for its lack of clarity and consistency. So, what can we learn from this comparative study of the IPC, BNS, and POCSO? Firstly, we see that the IPC, despite its age and inflexibility, remains a vital part of our criminal jurisprudence. Secondly, we see that the BNS case marked a significant shift in the way we approach criminal law, as it emphasized the importance of individual rights and freedoms. Finally, we see that the POCSO Act represents a more modern and nuanced approach to dealing with child abuse crimes. As the Supreme Court of India so aptly put it in the landmark Shah Bano case (1985), "The State has a duty to protect the rights of its citizens, and this duty includes the right to life, liberty and security of person."