 "Judiciary, law, gavel")
In a landmark move to reform the criminal justice system, three newly enacted laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—will come into effect from July 1. These laws, introduced in Parliament during its Monsoon session in August last year, will replace the colonial-era Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872, respectively.
So what changes with the new laws? Here are some key takeaways:
Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita (BNS) will replace the 163-year-old IPC, bringing significant changes to penal law. A notable introduction is community service as a form of punishment under Section 4. However, the exact nature of the community service to be performed remains unspecified.
Sexual offences see stringent measures, with the law prescribing up to ten years of imprisonment and fines for those who engage in deceitful sexual intercourse by promising marriage without the intent to fulfil it. The new law also addresses deceit, encompassing false promises related to employment, promotion, or marriage by concealing one's identity.
Organised crime now faces comprehensive legal scrutiny, covering a broad spectrum of illegal activities. These activities include kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes, and trafficking in persons, drugs, weapons, or illicit goods or services. Human trafficking for prostitution or ransom, conducted by individuals or groups acting in concert, as members of organised crime syndicates or on behalf of such syndicates, will face severe penalties. These crimes, executed through violence, threats, intimidation, coercion, or other unlawful means for direct or indirect material gain, will be met with stringent punishment.
For acts threatening national security, the BNS defines a terrorist act as any activity that threatens the unity, integrity, sovereignty, or economic security of India with the intent to strike terror among people.
The legislation also addresses the grave issue of mob lynching. It states, “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to a fine.”
Bharatiya Nagarik Suraksha Sanhita
Replacing the Criminal Procedure Code (CrPC) of 1973, the Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces key changes in procedural law. One significant provision is for under-trial prisoners, allowing first-time offenders to get bail after serving one-third of their maximum sentence, except for life imprisonment or cases with multiple charges, making it harder for under-trials to qualify for mandatory bail.
Forensic investigation is now mandatory for offences punishable by at least seven years of imprisonment, ensuring that forensic experts collect and record evidence at crime scenes. If a state lacks a forensics facility, it shall use the facility in another state.
Key changes proposed in BNSS
According to PRS Legislative Research, the new law introduces significant amendments aimed at streamlining and expediting the criminal justice process in India. Key changes are as follows:
Timelines for procedures: The Bill mandates specific timelines for various legal procedures. Key provisions include:
- Medical practitioners examining rape victims must submit their reports to the investigating officer within seven days.
- Judgments must be delivered within 30 days of the completion of arguments, extendable up to 60 days.
- Victims must be informed of the progress of the investigation within 90 days.
- Sessions courts are required to frame charges within 60 days from the first hearing on such charges.
Hierarchy of courts
The Code of Criminal Procedure (CrPC) establishes a hierarchy of courts for adjudicating criminal matters in India. These include:
Magistrate’s courts: These subordinate courts handle the trial of most criminal cases.
Sessions courts: Presided over by a Sessions Judge, these courts hear appeals from Magistrate’s Courts.
High courts: These courts have inherent jurisdiction to hear and decide criminal cases and appeals.
Supreme Court: The apex court hears appeals from high courts and also exercises its original jurisdiction in certain matters.
The CrPC empowers state governments to designate any city or town with a population of over one million as a metropolitan area, thereby establishing Metropolitan Magistrates. The new Bill omits this provision.
Bharatiya Sakshya Adhiniyam
The Bharatiya Sakshya Adhiniyam (BSA), replacing the Evidence Act, introduces crucial updates, especially regarding electronic evidence. According to law professors Pranav Verma and Anupama Sharma from National Law School of India University (NLSIU), the new bill streamlines rules on electronic evidence and expands the scope of secondary evidence. It requires detailed disclosure formats for electronic records, moving beyond mere affidavits.
“It adds a new schedule to the legislation, which prescribes a detailed disclosure format of the certificate earlier governed by a mere affidavit and self-declaration as to the genuineness of the contents of electronic records. The definition of secondary evidence has been expanded, and the Bill plugs a loophole of the Evidence Act by accounting for written admissions as secondary evidence,” the law states.
Despite these advancements, the professors note that many changes involve "renumbering or restructuring of existing provisions," suggesting that these could have been achieved through amendments rather than new legislation. They also highlight drafting errors and misplaced provisos that could cause confusion in the application of substantive law.
(With agency input)
