Three new criminal laws came into effect from (July 1, 2024) across the country including the Union Territory of J&K, bringing significant reforms to the country’s criminal justice system and replacing colonial-era legislation i.e. The Bharatiya Nyaya Sanhita (“BNS”), Bharatiya Nagarik Suraksha Sanhita (“BNSS”) and Bharatiya Sakshya Adhiniyam (“BSA”) which replaced the British-era Indian Penal Code (IPC), 1860, Code of Criminal Procedure (Cr PC) 1973, and the Indian Evidence Act, 1872 respectively. These changes are said to mark a move towards a more modern and efficient justice system in India.
The new laws have introduced several progressive measures aimed at streamlining legal procedures and enhancing the efficiency of law enforcement.
BHARATIYA NAGARIK SURAKSHA SANHITA 2023
Bharatiya Nagarik Suraksha Sanhita 2023 (formerly known as Criminal Procedure Code, 1973)
One of the notable provisions is the introduction of Zero FIR, which allows individuals to file a First Information Report (FIR) at any police station, irrespective of the location where the crime occurred. In addition, the new laws facilitate the online registration of police complaints, making it easier for citizens to report crimes without the need to visit a police station physically.
This digital approach extends to the issuance of summon, which can now be sent through electronic modes, Mobile phone, ensuring faster and more reliable communication.
Additionally, arrest details will be prominently displayed in police stations and district headquarters, making them easily accessible to families and friends.
- Judgments in criminal cases must be delivered within 45 days following the conclusion of the trial. Charges must be framed within 60 days of the first hearing. As per section 398 Bharatiya Nagarik Suraksha Sanhita 2023. All state governments are now required to implement witness protection scheme to ensure the safety and cooperation of witnesses.
- Statements from rape victims will be taken by a female police officer in the presence of the victim’s guardian or relative. Medical reports have to be now completed within seven days as per Section 52 of Bharatiya Nagarik Suraksha Sanhita.
- Both the accused and the victim have the right to receive copies of the FIR, police report, charge sheet, statements, confessions, and other related documents within 14 days from the arrest under Section 54, 55 and 57.
- Summary trials now cover cases where the punishment is up to 3 years, aiming to resolve more than 40% of cases in session’s courts.
- A first-time offender who has served a third of the jail term will bereleased on bail by the court.
- There will be Provision for inquiries and trial being held in absence of accused in certain cases trial in absentia of fugitive criminals under section 355 (1) and (2).
- To prevent unnecessary delays in case hearings, courts are permitted to grant a maximum of two adjournments.
Forensic investigation has been made mandatory where offence carries a punishment of more than Seven years under Section 176 (3) of the BNSS is a significant step towards improving the integrity of evidence collection.
It is also mandatory for forensic experts to visit crime scenes for serious offences and collect evidence. Under the new laws, victims of crime against women are entitled to regular updates on the progress of their case within 90 days. Videography of crime scenes for all heinous crimes has been made compulsory during search and seizure. No charge sheet will be valid without such recording.
These measures are expected to enhance transparency and accountability in the investigation process, thereby strengthening the overall criminal justice system. These comprehensive reforms highlight the Indian government’s commitment to modernising the country’s legal framework, moving away from outdated colonial laws, and embracing contemporary practices to better serve justice.
Primary and Secondary Evidence under the BSA which replaces Indian evidence Act 1872
Section 57 explanation (4) of the BSA includes electronic and digital records as Primary evidence unless disputed.
Explanation 6 says that where a video recording is simultaneously stored in electronic form and transmitted or broadcasted or transferred to another, each of the stored recordings is primary evidence.
THE BHARATIYA NYAYA SANHITA, 2023 (formerly Indian Penal Code, 1860)
The Bhartiya Nyaya Sanhita, 2023 has been enacted to consolidate and amend the provisions relating to offences and for matters connected or incidental thereto. It has replaced the Indian Penal Code, 1860 while incorporating new offenses like organized crime, terrorism, and group-related grievous hurt or murder. The objective of the new Act is to administer justice to the victim rather than punishing the offender. It also addscommunity service as a form of punishment. The objective of the reforms is to administer justice instead of penalising.
Crime against women and child
- Sexual Offences Against Women: Retaining IPC sections on rape, voyeurism, and other violations, BNS has raised theage threshold for gang rape victims from 16 to 18 years. Additionally, it criminalizes deceptive sexual acts or false promises under Section 70 clause (1) and (2)
- The new law now imposes penalties where women are abandoned after being deceived by false promises of marriage under section 69 of BNS.
- The offences against women and children, murder and offences against the State have been given precedence in the new law.
Community Service
- Section 4 (f) of the BNS introduces community service as a form of punishment for offences such as small theft, defamation, and attempts to commit suicide with the intention of keeping a public official from discharging his/her duty.
- Terrorist act, as per Section 113 (1) of the Bharatiya Nyaya Sanhita, a terrorist act is defined as one intending or likely to threaten India’s unity, integrity, sovereignty, security, or economic security or acts intended or likely to strike terror among the people.
- Mob lynching identifies as murder or severe injury by five or more individuals on specific grounds (race, caste, etc.) and is punishable offence, with life imprisonment or death penalty.
- Deshdroh replaces Rajdroh;
- The new law under section 152 now removes sedition as an offence. Instead, there is a new offence for acts jeopardising the sovereignty, unity and integrity of India. ‘Rajdroh’ has been changed as ‘deshdroh’.
- Under Section 106 (2) of BNSS, the maximum sentence for “Hit and Run” is ten years in jail. However, there will be less punishment if the culprit takes the victim to the hospital or police after the accident. The definition of “gender” now includes transgender individuals, promoting inclusivity and equality.
Organized Crime: Includes offenses like kidnapping, extortion, financial scams, cybercrime, and more. Punishments vary from life imprisonment to death, with fines for those committing or attempting organized crime.
Death by Negligence: The BNS elevates the punishment for causing death by negligence from two to five years under section 106 (1)However, it stipulates that doctors, if convicted, will still face the lower punishment of two years imprisonment.
In compliance of Supreme Court judgements, the new Act aligns with certain Supreme Court decisions by excluding adultery as an offense and introducing life imprisonment alongside the death penalty for murder or attempted murder by a life convict
MAIN PROVISIONS OF BHARATIYA SAKSHYA ADHINIYAM (“BSA”), 2023
The Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act, 1872 (IEA). It retains most provisions of the IEA including those on confessions, relevancy of facts, and burden of proof. However, it introduces significant alterations including:
- Documentary Evidence:
- Definition Expansion: The BSA broadens the definition of documents to include electronic records alongside traditional writings, maps, and caricatures.
- Primary and Secondary Evidence: Primary evidence retains its status, encompassing original documents, electronic records, and video recordings.
Oral and written admissions, along with testimony from a qualified individual
examining the documents, are now considered secondary evidence.
- Oral Evidence: The new Act permits electronic provision of oral evidence, enabling witnesses, accused individuals, and victims to testify through electronic means.
- Admissibility of Electronic Records: Electronic or digital records are granted equivalent legal status as paper records. This includes information stored in semiconductor memory, smartphones, laptops, emails, server logs, locational evidence, and voicemails under Section 63 (1).
- Amended Explanation to Joint Trials: Joint trials encompass cases where one accused is absent or has not responded to an arrest warrant, now categorized as joint trials. *******************