India’s criminal law system has undergone a significant overhaul with the implementation of three new laws on July 1, 2024, replacing colonial-era statutes.
Key Highlights
- Core Legislative Changes:
- The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, 1860.
- The Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure, 1973.
- The Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act, 1872.
- Comprehensive Criminal Justice Reform: These new criminal laws collectively govern the entire criminal justice jurisprudence, from defining penal offenses and prescribing investigation processes to evidence gathering and trial procedures.
- Justice-Focused Approach & Technological Integration: The primary aim of these reforms is to shift from punitive colonial-era punishments to a justice-focused approach, integrating technological advancements into police investigations and court proceedings to enhance the efficiency of the criminal justice system.
- New Offenses & Enhanced Penalties: The new laws introduce specific provisions for contemporary crimes, including:
- Terrorism
- Mob lynching
- Organized crime
- Enhanced punishments for crimes against women and children.
Bharatiya Nyaya Sanhita (BNS) – Key Changes in Penal Provisions:
- Streamlined Structure: Reduced from 511 sections to 358 sections.
- Expanded Scope:
- 20 new crimes added.
- Imprisonment sentences increased for 33 crimes.
- Fine amounts increased for 83 crimes.
- Mandatory Minimum Punishments: Introduced for 23 crimes.
- Community Service: Introduced as a penalty for 6 crimes.
- 19 sections removed.
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Procedural Reforms in Criminal Law:
- Expanded Structure: Increased from 484 sections to 531 sections.
- Extensive Amendments:
- 177 provisions changed.
- 9 new sections and 39 new sub-sections added.
- 44 new provisions added.
- Timelines for Procedures: Timelines introduced in 35 sections to expedite the criminal justice system.
- Audio-Video Provisions: Mandated in 35 places, especially for search, seizure, and forensic examinations in serious crimes.
- 14 sections removed.
Bharatiya Sakshya Adhiniyam (BSA) – Evidence Law Modernization:
- Updated Structure: Increased from 167 provisions to 170 provisions.
- Key Changes:
- 24 provisions changed.
- 2 new provisions and 6 sub-provisions added.
- Modernizing Evidence Admissibility: Removes colonial references and widens the ambit of electronic records admissible as evidence, including emails, server logs, smartphones, SMS, websites, and locational evidence.
- Digital Records Equivalence: Electronic or digital records now hold the same legal effect as paper records.
- 6 provisions removed.
Key Features of the New Criminal Laws:
- Bharatiya Nyaya Sanhita (BNS):
- Abolition of Sedition: Replaced with penalties for activities threatening India’s unity, integrity, and sovereignty (e.g., secession, armed rebellion, separatist activities).
- Defined Terrorism & Organized Crime: Clearly defines these offenses and imposes appropriate penalties.
- Enhanced Penalties for Sexual Offenses: Includes death penalty for gang rape of women below 18 years and penalizes sexual intercourse through deceitful means (up to 10 years imprisonment and fine).
- Bharatiya Nagarik Suraksha Sanhita (BNSS):
- Electronic Proceedings: All trials, inquiries, and proceedings can now be held in electronic mode.
- Mandatory Forensic Investigation: Required for offenses punishable with at least seven years imprisonment.
- Strict Timelines:
- Medical reports for rape victims within seven days.
- Judgment within 30 days of argument completion (extendable to 60 days).
- Victim to be informed of investigation progress within 90 days.
- Framing of charges by sessions court within 60 days of first hearing.
- Expanded Police Custody: Detention in police custody expanded from 15 days to up to 90 days (overall maximum period remains).
- Bharatiya Sakshya Adhiniyam (BSA):
- Electronic Evidence: Expands the definition of “documents” to explicitly include various electronic and digital records, making them admissible.
- Removes provisions related to telegraphic messages.
Transition and Adaptation in the Criminal Justice System:
- Concurrent Operation: IPC and CrPC will run concurrently with the new laws for pending cases and crimes committed before July 1, 2024, but reported later.
- State Amendments: States have the autonomy to amend certain provisions of the BNSS.
- Future BNS Amendments: Anticipated amendments to BNS to include sexual crimes against men and transgender persons.
- Digital FIRs: FIRs can now be filed online via CCTNS, enabling e-FIRs and zero FIRs in multiple languages.
- Technological Integration:
- NCRB has made 23 functional modifications to CCTNS for investigation, trial, and court proceedings.
- BNSS mandates audio-video recording of search, seizure, and forensic examinations for serious crimes.
- Home Ministry testing eSakshya mobile app for evidence recording; states developing their own systems.
- Training & Awareness:
- Union government providing training and support for a smooth transition.
- CCTNS software updated for multi-language support.
- Police station Officer-in-Charge to organize awareness programs on new criminal laws.
- Discussions and analyses covered via Doordarshan, Akashvani, and social media.
- Mandatory inclusion of course modules in schools and higher education institutes.
Significance of the New Criminal Laws:
- Decolonization of Laws: Aims to remove signs of slavery and replace British-era laws (designed for punishment) with those focused on justice.
- Citizen Rights & Justice: The core purpose is to protect constitutional rights and ensure justice for Indian citizens.
- Transparency & Efficiency: New provisions designed to enhance the transparency and efficiency of the criminal justice system.
- Quicker Justice: Provision for justice within a maximum of 3 years.
Issues and Concerns in the New Acts:
- Lack of Public Disclosure: Stakeholder inputs and the MHA’s Committee For Reforms In Criminal Laws (CRCL) report have not been made public.
- Increased Suspicion: The framework is perceived by some as viewing citizens with increased suspicion, potentially creating an adversarial state-citizen relationship.
- Expanded Police Power (BNSS): Concerns that expanded police custody periods under BNSS continue colonial-era powers rather than undoing them.
- Police & Prison Reform: Despite aiming for decolonization, the Acts provide no specific scope for the reform of police and prison systems, often considered relics of colonization.
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