A Comparative Analysis of the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC)

 

Mental harassment, a grave yet often overlooked form of abuse, has far-reaching consequences on the victim's emotional and psychological well-being. Both the Indian Penal Code (IPC) and its successor, the Bharatiya Nyaya Sanhita (BNS), acknowledge this menace and provide legal recourse. This blog delves into the comparative provisions in both codes, examining their scope, definitions, and potential impact on addressing mental harassment.

Mental Harassment under the IPC:

The IPC does not explicitly define "mental harassment" but addresses it under various provisions:

• Section 498A: This section deals with cruelty by husband or relatives of the husband, encompassing physical and mental harm. Mental cruelty is not specifically defined but is interpreted through judicial pronouncements.
• Section 306: Abetment of suicide, which often stems from sustained mental harassment, is covered under this section.

Case Laws under IPC:

• V. Bhagat vs. Mrs. D. Bhagat (1994): The Supreme Court held that mental cruelty could include insults, humiliation, threats, and other acts causing mental agony.
• State of Karnataka vs. Praveen Kumar (2017): The court emphasized that mental cruelty must be of such a nature that it makes living together intolerable for the victim.

Mental Harassment under the BNS:

The BNS introduces specific provisions to address mental harassment:

• Section 120: This section defines "harm" to include mental or psychological harm, thereby acknowledging the gravity of mental harassment.
• Section 121: This section defines "hurt" to include mental or psychological hurt, indicating the recognition of mental distress as a form of injury.
• Section 151: This section addresses the offence of "psychological and emotional abuse," demonstrating a more targeted approach towards mental harassment.

Comparative Analysis:

Feature	IPC	BNS
Definition	No explicit definition of mental harassment. Interpreted through case laws under sections like 498A and 306.	Explicitly defines "harm," "hurt," and introduces a separate section for "psychological and emotional abuse" (151).
Scope	Primarily addresses mental harassment within marital relationships or abetment to suicide.	Broader scope, including harm and hurt caused by any person, not just within specific relationships.
Punishments	Varies depending on the specific section invoked.	Punishments under the BNS are yet to be specified, but the inclusion of specific sections suggests a stronger stance.
Focus on Mental Health	Implicit recognition through judicial interpretations.	Explicit recognition through the inclusion of mental harm and hurt in the definitions.

Remedies under IPC and BNS:

Both codes offer remedies for victims of mental harassment:

• Criminal Prosecution: Filing a complaint with the police under relevant sections can lead to the investigation and prosecution of the perpetrator.
• Protection Orders: Courts can issue protection orders under the Protection of Women from Domestic Violence Act, 2005, or other relevant laws to safeguard the victim from further harassment.
• Compensation: Victims can seek compensation for the mental and emotional distress caused by the harassment.
• Counselling and Support: Various NGOs and helplines offer counselling and support services to victims of mental harassment.

Conclusion:

The BNS represents a significant step in addressing the issue of mental harassment. By explicitly defining and recognizing mental harm, the BNS creates a stronger legal framework for protecting victims and punishing perpetrators. However, the effectiveness of these provisions will depend on their implementation and interpretation by the judiciary.

It is crucial to remember that legal remedies are just one aspect of addressing mental harassment. Raising awareness, providing support services, and fostering a culture of respect and empathy are equally important in combating this pervasive issue.

Disclaimer:

This article is intended for informational purposes only and should not be considered legal advice. It is always recommended to consult with a qualified legal professional for specific guidance on legal matters.