July 1, 2024, is an important date for the Indian justice system, as three new criminal laws have come into effect. It was last December that the three new criminal laws, the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA) got passed in the Parliament. These three new criminal laws are set to replace the existing Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act, respectively.
Ever since India gained its independence from colonial rule, the three criminal laws have seen revisions time and again. However, this time, these criminal laws needed serious changes. Amit Shah, the Union Home Minister expressed that the new sanhitas demonstrated the laws framed by Indians for Indians. It is interesting to note that as per some legal experts, while the new laws will be bringing important changes, they actually don’t “overhaul” the ones already existing.
The Bhartiya Nyaya Sanhita (BNS)- New Changes Introduced
The Bhartiya Nyaya Sanhita replaces the Indian Penal Code. There are several new crimes that the Bhartiya Nyaya Sanhita will be bringing forward. Clause 69, is one such new crime that is worth a detailed discussion. This one is meant to penalize such sexual intercourse that is done via the employment of “deceitful means”. The penalty for such a crime is imprisonment for up to 10 years, along with a fine. Here, the term deceitful means comprise of false promises of promotion or employment, marrying after suppressing identity, or inducement.
This law has attracted both acclaim and criticism. Critics are of the view that this law would, in some cases, criminalize consensual relationships.
A significant change comes in the criminal law with the recognition of murder on the grounds of caste, community, or race as a distinct offense, as per the new Clause 103 of the BNS. In recent times, the country has seen various cases of crimes like these. The new law can now make sure that crimes like these get the legal recognition required.
There are many more changes that the BNS aims to introduce. These are offenses like that of organized crime and terror. These were previously in the extent of specific laws. The BNS draws inspiration from the UAPA for provisions related to terrorism. Organized crime, as mentioned in Clause 111(1) of the BNS includes “any continuing unlawful activity” that includes robbery, extortion, kidnapping, vehicle theft, contract killing, land grabbing, cyber-crimes, economic offenses, trafficking in drugs, people, illicit services or goods, weapons, people, cyber-crimes coming with severe consequences. Human trafficking racket for the purpose of ransom or prostitution. However, it is important to note that terms like “cyber-crimes having severe consequences” are vague in their explanation, and thus will require further clarification.
Clause 304(1) of the Bhartiya Nyaya Sanhita defines snatching. The ones who have read the Indian Penal Code (IPC) know that snatching, as added in the above-mentioned provision, is a “new” crime, and is separate from theft. However, the punishment for both crimes is the same; imprisonment of up to three years.
There are several similarities between the BNS and the IPC. For instance, both start with chapters that cater to general exceptions, punishments, and abetment. Both criminal laws further continue with the Right to Private Defense.
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The Bhartiya Nagarik Suraksha Sanhita- New Changes Introduced
The Bhartiya Nagarik Suraksha Sanhit replaces the Criminal Procedure Code, of 1973. The CrPC offers procedures for prosecution, arrest, bail, and more.
The Bhartiya Nagarik Suraksha Sanhita makes forensic investigation a mandate for offenses punishable with an imprisonment term of seven years or even more. The crime scenes will be visited by forensic experts for the purpose of gathering forensic evidence and recording the process.
All the inquiries, proceedings, and trials are to be held in electronic mode.
The production of electronic communication devices shall be allowed for the purpose of investigation, trial, or inquiry.
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The Bhartiya Sakshya Adhiniyam (BSA)- New Changes Introduced
The Bhartiya Sakshya Adhiniyam is the new law that replaces the Indian Evidence Act. The new criminal law aims to bring about changes in the manner evidence is processed in the country. A drastic change that the Bhartiya Sakshya Adhiniyam introduces is allowing “electronic and digital records”. This new provision encompasses a wide array of electronic records in its ambit, including server logs, emails, laptops, files stored in devices, location information, website content, messages, and more.
The oral evidence taken electronically is also evidence allowed by the BSA. Moreover, in order to offer better protection to the victims in a matter of rape, the statement of the victim is to be recorded via audio-video means. This also strengthens the transparency in the investigation.
Another important change that the Bhartiya Sakshya Adhiniyam brings is to expansion of the “secondary evidence”. Now, both written and oral admissions will be coming under the ambit of secondary evidence.
The Takeaway
July 1, 2024, stands as a pivotal day for the Indian Justice System, as it implements the Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA). The new criminal laws that are framed to replace the longstanding Indian Penal Code, Criminal Procedure Code, and the Indian Evidence Act bring about important updates that aim to address the modern-day issues of the country. The BNS recognizes new crime. The BNSS makes forensic investigations a mandatory process and digitizes the legal processes. The BSA modernizes the way evidence is handled by welcoming electronic and digital records. It further strengthens transparency in sensitive matters.
The three new criminal laws have been met with both appraisal and criticism, they demonstrate an important step ahead in the evolution of the legal system of India.
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