The criminal justice system governs and reflects the way a society functions and is treated by the State. The criminal justice system of countries varies, as what may be a crime in India, may not be a crime in some other country of the world.

While the nature of the crime or the way a crime is committed has changed expeditiously, the law punishing or aiding it was not enough. While the Courts interpreted various provisions to include a few wrongful acts, decriminalised ancient crimes and laid the way forward, there was a need for express provisions or none at all regarding certain things.

To recognise the change in society and the change in crime that occurs, the government

rolled out three new Criminal Laws that shall replace the ones currently in place.

What Are The New Criminal Laws?

The new criminal laws consist of three different Acts governing the punitive, procedural and evidentiary aspects of a crime. The laws, aimed at replacing the archaic and colonial laws governing Indian society also changed the terms and nature of certain punishment.

Through the new laws, the government also strives for the use of technology in the various processes in the criminal justice system such as recording of complaints and evidence.

The new criminal laws have been given names in accordance with their functions. Let us have a glimpse at them.

• Bharatiya Nyaya Sanhita (BNS)

It will be the act indicating the crimes and their punishments. It replaced the Indian Penal Code of 1870. It has shown a change in recognised crimes. Crimes such as mob lynching and terrorism have been brought under the purview of this act. It changes one of the most controversial ‘sedition’ laws in India.

• Bhartiya Naagrik Suraksha Sanhita (BNSS)

It will replace the Code of Criminal Procedure and lay down the procedures like trials, arrests etc. to guide the citizenry.

Changes related to witness security, speedy trials, and juvenile justice have been made. Bail provisions have been eased. The law also seeks to take a victim-centric approach.

• Bhartiya Sakshya Adhiniyam (BSA)

It will take the place of the Indian Evidence Act and deal with storage and usage of evidence. A special focus on digital evidence has been made through this Act. Digital and Electronic records of such evidence are being promoted. This will simplify and modernise the process.

New offences have been introduced through the criminal laws. These include mob lynching, organised crime and terrorism. Such inclusion has broadened the scope of criminal laws as all such cases won’t be tried under the much scrutinised Unlawful Activities Prevention Act (UAPA).

What Are The Changes Brought By New Criminal Laws?

The Bhartiya Nyay Sanhita or BNS aims for a smooth transition in replacing the old criminal laws. Few measures have specifically been put in place to facilitate such transitioning. The government also proposes to make amendments to the BNS soon to include certain progressive crimes and recognise them.

• Liberty to States: States have an iota of liberty as they can bring changes to certain provisions as they deem fit.

• Gender Inclusive: A section recognising and prosecuting crimes against men and transgender people may soon be brought into place through an amendment.

• Severity: Punishments for crimes against children and women have been enhanced.

• Open to Amendments: For certain crimes such as assault, the police have been advised to make use of ‘allied’ sections such as wrongful confinement. In case this does not alleviate the issues, new provisions shall be inserted through an amendment.

• Digitalisation: People will now be able to file FIRs in an online mode.

• Electronic Mode: Evidence and crime scene reporting will also be done electronically now. An app called e-Sakshya is currently being tested by the government for such reporting.

When Will The Laws Be Applicable?

The new Criminal laws will come into effect from July 1, 2024. As per the principle of no retrospective effect, which prohibits the new law’s application on cases that took place before their date of effectuation, the old cases will be dealt with using IPC. Only cases filed after July 1 will be dealt with using BNS, BNSS and BSA.

Conclusion

Change is the law of nature and must happen. A long pending change that was required in the criminal laws has finally happened, taking off the age-old shackles of narrow-minded laws. We shall be striving to provide you with more reliable and factual information about the new criminal laws. Stay tuned with Jaagruk Bharat!

For more information about the laws, you can access them here.