 "New criminal laws in India replace colonial-era IPC today: Top points")
Three significant new criminal laws have been implemented in India today, July 1, 2024, marking a major shift from colonial-era statutes. These laws, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam, replace the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively.
Key highlights of the three new criminal laws:
Bharatiya Nyaya Sanhita
Replaces: Indian Penal Code (IPC)
Total sections: 358 (reduced from 511)
Key changes:
- New crimes: 20 new crimes added.
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- Increased Sentences: Imprisonment sentences increased for 33 crimes.
- Higher Fines: Fine amounts increased for 83 crimes.
- Mandatory Minimum Punishments: Introduced for 23 crimes.
- Community Service: Penalty introduced for 6 crimes.
- Repealed Sections: 19 sections removed.
Bharatiya Nagrik Suraksha Sanhita
Replaces: Code of Criminal Procedure (CrPC)
Total sections: 531 (increased from 484)
Key changes:
- Changed provisions: 177 provisions changed.
- New sections/subsections: 9 new sections and 39 new sub-sections added.
- New provisions/clarifications: 44 new provisions added.
- Timelines: Added to 35 sections.
- Audio-video provisions: Added at 35 places.
- Repealed sections: 14 sections removed.
Bharatiya Sakshya Adhiniyam
Replaces: Indian Evidence Act
Total provisions: 170 (increased from 167)
Key changes:
- Changed Provisions: 24 provisions changed.
- New provisions/Sub-provisions: 2 new provisions and 6 sub-provisions added.
- Repealed provisions: 6 provisions removed.
Modernisation and speedier justice
The new laws are designed to ensure faster justice and address modern forms of crime.
Judgments are now required within 45 days of the trial's completion, and charges must be framed within 60 days of the first hearing.
Zero FIR and Digital processes
Any person can now file a Zero First Information Report (FIR) at any police station, regardless of jurisdiction.
Online registration of police complaints and electronic serving of summonses are permitted.
Videography of crime scenes is mandatory for all heinous crimes.
First FIR under BNS filed against Kamla Market vendor
The first FIR under the new laws was registered at Kamla Market Police Station in Delhi on Monday morning. The FIR was filed against a street vendor for obstruction and sales under Section 285 of Bharatiya Nyaya Sanhita (BNS).
New provisions in criminal law
New provisions have been added to the criminal laws to address emerging crimes like gang rapes, mob killings, and false promises of marriage.
“This will increase the demand for forensic experts across the country, which the NFSU (National Forensic Science University) will cater to,” Union Home Minister Amit Shah has said. Shah emphasised the changes would ensure speedy justice and justice for all.
Chief Justice of India DY Chandrachud also highlighted the laws’ significance, stating that they are a “watershed moment for our society”, affecting day-to-day conduct profoundly.
Criticism of new criminal laws
Some political leaders, including West Bengal Chief Minister Mamata Banerjee and parties in the Opposition INDIA bloc, have called for a parliamentary review of the new laws. The Congress party argues that more consultation was required before enforcing these new laws, while Banerjee commented on the “hurried” rollout of the law.
The Bar Council of India also acknowledged representations from Bar Associations and State Bar Councils protesting the rollout. Protestors demanded thorough discussions before the implementation of the laws, whose resolution was passed on June 26.
[With agency inputs]