Revised Criminal Laws: What are three New Criminal Laws?

Background of New Criminal Laws

As we all are trying to know to find out the answer of “What are three New Criminal Laws?” For the information it is being apprised to you that the New Criminal Laws have been implemented from 1st July, 2024 through out the country. The Union Home Minister, Amit Shah on December 12, 2023 introduced three revised Bills in the Lok Sabha to replace the existing criminal justice system in India. The Indian Parliament has initiated this reformative approach in the criminal justice system history by replacing three British era criminal laws i.e. the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 with the Bhartiya Nayay Sanhita, 2023, the Bhartiya Nagarik Suraksha Sanhita, 2023 and the Bhartiya Sakshya Adhiniyam, 2023 respectively. These new laws, grounded in Indian values of justice signify a shift from a punitive to a justice-oriented approach, reflecting “Bhartiya Nyaya Vyavastha”. 

These legislative changes that have been made under the leadership of Hon’ble Prime Minister Shri Narendra Modi and spearheaded by Union Home Minister and Minister of Cooperation Shri Amit Shah, also mark the culmination of the ‘Azadi ka Amrit Mahotsav’ and herald the dawn of ‘Amrit Kaal’, symbolizing the forging of a truly independent India. The overarching goal is to create a criminal justice system that not only protects citizens’ rights but also upholds the Rule of Law, ensuring accessible and speedy justice for all.

Major motive behind the reformation

These acts are intended to overhaul Indian Legal System and establish a “best suitable justice system as per the Indian scenario and Indian Society”. Some of the major motives are mentioned below – 

• The new criminal laws will free people from “colonial mindset” and its symbol and decolonize our minds.
• These laws focus on Justice rather than Punishment.
• The key theme is “Sab ka Sath Samaan Vyavhar”.
• They are made with the spirit of Indian Constitution.
• They will ensure Victim Centric Justice.

Key Changes in the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Here we have discussed some of the major changes that have been made in the new BNSS as compared to the old CrPC. The details are as follows-

• Section increased from 484 in CrPC to 531 in new BNSS
• Replaced 177 sections
• Added 9 new sections
• Replaced 14 sections from CrPC
• Enhances use of technology in investigation
• Increase fines by Magistrate
• Streamlines FIR processes and victim protection
• Section 173: Zero FIR and e-FIR provision introduced
• Section 173 (2): free copy of FIR by the police without any delay
• Section 176 (1): Law permits Audio-Video recording of victim statement
• Section 193 (3) (ii): the police are mandated to inform the victim on the progress of the investigation within 90 days
• Section 184(1): the medical examination of a victim shall be conducted with her consent, within 24 hours of receiving information about the commission of the offence. The medical report shall be forwarded within 7 days under section 184 (6)
• Section 18(8): citizens are empowered to engage their own legal representation to assist the prosecution.
• Section 230: supply of documentation to the citizen has been introduced
• Section 396: free medical treatment and victim compensation.
• Section 398: witness protection scheme
• Section 360: the courts are mandated to hear the victim before giving consent for withdrawal from prosecution
• Section 404: victims are entitled to get a free copy of the judgement on an application to the court
• Section 530: the law allows for investigation, inquiry and trial proceedings also be held electronically.

Key Changes in the Bhartiya Nayay Sanhita, 2023 (BNS)

Here we have discussed some of the major changes that have been made in the new BNS as compared to the old IPC. The details are as follows –

• Sections have been reduced from 511 in IPC to 358 in BNC
• Added 20 new offences
• Compulsory minimum punishment prescribed for certain offences
• Community service for 6 petty offences
• In certain offences fine has been increased
• In certain offences quantum of punishment enhanced
• Consolidate offences against women and children in single chapter
• Section 69: strict punishment for sexual intercourse on false promise
• Section 70(2): Death penalty as punishment for gang rape

Key Changes in the Bhartiya Sakshya Adhiniyam, 2023 (BSA)

Here we have discussed some of the major changes that have been made in the new BSA as compared to the old Indian Evidence Act. The details are as follows –

• Increased sections from IEA 167 to 170 in BSA
• Changes 24 sections
• Added 2 new sections
• Repealed 6 sections
• Recognizes electronic/ digital records as primary evidence
• Provides framework for digital evidence authenticity
• Section 2(1)(d): Expanded definition of documents
• Section 61: Parity in admissibility of digital records as other documents
• Section 62 & 63: Admissibility of electronic records acceptable in courts.

Safeguards introduced for Women and Child

• Introduced 37 new sections addressing crime against women and children
• Section 2 BNSS: offences against women and child have been grater neutral in terms of both the victim and the perpetrator.
• Section 70 BNS: gang rape with girl under 18 years of age is made punishable with life imprisonment or death.
• Section 69 BNS: engaging in sexual activity under false promise or disguised identity is now considered a criminal act.
• Section 51(3) BNSS: Medical Practitioners are mandated to send the medical report of a victim of rape to the investigating officer within seven days.

Changed sections in IPC and BNS then and now

Changed sections in CrPC and BNSS then and now

Conclusion:

All these three new criminal laws are a testament to India’s commitment to reform. They bring our legal, policing and investigative system into the modern era with a simultaneous focus on technology and forensic science. The success of these new acts will depend on the implementation.