With the introduction of three new criminal laws—the Bhartiya Nyaya Sanhita, the Bhartiya Nagrik Suraksha Sanhita, and the Bhartiya Sakshya Adhiniyam—India's legal system is about to transform. These three new criminal statutes alter the old criminal provisions in several significant and minor ways.
Although the carefully considered new provisions are written to address current demands, some of them are also criticized. The main characteristics of the three new criminal legislation are described below.
Due to the implementation of three new criminal laws, July 1, 2024, is a significant date for the Indian legal system. The Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA) were the three new criminal legislation that were approved by the Parliament in December.
The current Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act will all be replaced by these three new criminal statutes.
The three criminal laws in India have undergone numerous alterations since the country's independence from colonial domination. But this time, significant adjustments were required to these criminal statutes. "The new sanhitas demonstrated the laws framed by Indians for Indians," said Union Home Minister Amit Shah. Interestingly, some legal experts claim that although the new rules will bring significant changes, they do not "overhaul" the existing ones.
New Amendments to the Bhartiya Nyaya Sanhita (BNS)
The Indian Penal Code is superseded by the Bhartiya Nyaya Sanhita. The Bhartiya Nyaya Sanhita will be bringing forward several new crimes. One such new crime that merits a thorough examination is Clause 69. Using "deceitful means" to engage in sexual activity is something that this one is intended to punish.
Such a crime carries a maximum 10-year jail sentence in addition to a fine. In this context, "deceitful means" refers to seduction, marriage following identity suppression, and fraudulent promises of employment or promotion.
Both praise and criticism have been directed towards this statute. Critics believe that this bill would criminalize consensual relationships in some situations.
With the new Clause 103 of the BNS, murder committed based on caste, community, or race is now recognized as a separate crime, marking a fundamental shift in the criminal code. The nation has witnessed numerous instances of crimes similar to these in recent years. These kinds of crimes can now be given the necessary legal legitimacy thanks to the new law.
The BNS intends to implement numerous further adjustments. These offenses are similar to those committed by terrorists and organized crime. These were previously covered by particular statutes. The UAPA serves as the model for the BNS's terrorism-related measures. According to Clause 111(1) of the BNS, "any continuing unlawful activity" is defined as "organized crime." This includes economic offenses, trafficking in drugs, people, weapons, illicit services or goods, kidnapping, robbery, extortion, vehicle theft, contract killing, land grabbing, cybercrimes, and other serious crimes. Illegal trafficking of people for prostitution or ransom. But it's crucial to remember that phrases like "cyber-crimes having severe consequences" are ambiguous and will need more explanation.
The Bhartiya Nyaya Sanhita defines snatching in clause 304(1). Readers of the Indian Penal Code (IPC) are aware that snatching is a "new" offense that is distinct from stealing, as stated in the aforementioned paragraph. Nonetheless, both offenses have the same penalty, which is up to three years in prison.
The BNS and the IPC are similar in a number of ways. For example, both begin with chapters that address abetment, sanctions, and general exclusions. The right to private defence is further extended by both criminal codes.
New Modifications to the Bhartiya Nagarik Suraksha Sanhita
The 1973 Criminal Procedure Code is superseded by the Bhartiya Nagarik Suraksha Sanhit. Procedures for arrest, prosecution, bail, and other matters are provided under the CrPC.
Forensic inquiry is required by the Bhartiya Nagarik Suraksha Sanhita for offenses carrying a seven-year or longer jail sentence. Forensic specialists will visit the crime scenes to collect forensic evidence and document the procedure.
Every investigation, hearing, and trial must take place online.
For an inquiry, trial, or investigation, electronic communication devices may be produced.
New Modifications to the Bhartiya Sakshya Adhiniyam (BSA)
The Indian Evidence Act has been replaced by a new legislation called the Bhartiya Sakshya Adhiniyam. The goal of the new criminal law is to alter the way that evidence is handled in the nation. In the Bhartiya Sakshya Adhiniyam, enabling "electronic and digital records" is a significant move. This new clause covers a broad range of electronic documents, such as server logs, emails, laptops, device files, location data, website content, messages, and more.
The BSA also accepts electronically recorded spoken testimony as evidence. Furthermore, the victim's statement must be captured on audio-video to provide improved protection for victims in rape cases. This enhances the investigation's transparency as well.
The extension of "secondary evidence" is another significant development brought about by the Bhartiya Sakshya Adhiniyam. Oral and written admissions will now fall under the category of secondary evidence.
The Takeaway
The implementation of the Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA) on July 1, 2024, is a significant day for the Indian justice system. The long-standing Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act have been replaced with new criminal laws that provide significant modifications intended to meet the nation's contemporary problems. New crimes are recognized by the BNS. The BNSS digitizes the legal procedures and mandates forensic investigations. The BSA welcomes digital and electronic documents, modernizing the way evidence is handled. It enhances openness in delicate areas even further.
Although the three new criminal laws have drawn praise and criticism, they represent a significant advancement in the development of India's legal system.