In a landmark move, India has undertaken a major revamp of its criminal justice system with the introduction of three pivotal laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. Having gone into effect from July 1, 2024. These new laws replace their predecessor- the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC),1898, and the Indian Evidence Act, 1872, with a motive of bringing significant reforms aimed at modernising and streamlining the country’s legal framework.
These Acts aren’t merely cosmetic updates, but a comprehensive reworking of India’s criminal laws, aiming to address the long-standing inefficiencies and inadequacies of the existing statutes, which have been sometimes criticised for being outdated and unresponsive to the needs of modern society.
As Plato said ‘Need is the mother of Invention’, well in this case also the drive for these changes was fueled by the necessity to enhance legal procedures, integrate technological advancements, and ensure more robust protection of citizens’ rights.
Let’s have a read about what makes them different from their predecessors:
Bharatiya Nyaya Sanhita (BNS) Act
This act replaces the Indian Penal Code (IPC) and introduces new definitions and provisions for criminal offences.
Key Features:
- Modernization of Offenses: Updates outdated definitions and incorporates new crimes such as cybercrimes and economic offences.
- Victim-Centric Approach: Enhances provisions for victim compensation and rights.
- Simplification and Reduction of Sections: The new code has eliminated many outdated and redundant sections from the IPC, replacing them with more precise and relevant provisions. For instance, older terms and definitions that had become archaic or irrelevant have been updated to reflect current legal and social contexts. This move aims to make the legal text more user-friendly and eliminate the complexities that often lead to misinterpretation and misuse.
- Enhanced Focus on Crimes Against Women and Children: One of the significant emphases of the Bharatiya Nyaya Sanhita is the protection of women and children, reflecting the increased societal focus on these vulnerable groups. The new code introduces stringent measures to combat crimes such as human trafficking, sexual exploitation, and domestic violence. For example, the punishment for rape has been made more severe, with provisions for life imprisonment and even the death penalty in cases involving minors or extreme brutality. Additionally, new sections have been introduced to address stalking, acid attacks, and other forms of gender-based violence comprehensively.
Implications:
- Clarity and Accessibility: Easier for the general public to understand and for law enforcement to implement.
- Enhanced Justice Delivery: More focus on victim’s rights could lead to more equitable justice.
Order Bharatiya Nyaya Sanhita, 2023
Bharatiya Nagarik Suraksha Sanhita (BNSS) Act
This act replaces the Code of Criminal Procedure (CrPC), focusing on procedural reforms to expedite the criminal justice process.
Key Features:
- Speedy Trials: Introduction of measures to reduce delays in criminal trials.
- Replacing the Criminal Procedure Code (CrPC): The Bharatiya Nagarik Suraksha Sanhita aims to eliminate procedural delays, reduce bureaucratic hurdles, and introduce more effective methods for crime investigation, and prosecution.
- Digitalisation and Modernisation: One of the standout features of the new code is the extensive incorporation of digital technologies. This Act mandates the use of digital records and e-governance platforms to streamline the documentation and tracking of cases. This move is expected to significantly reduce paperwork, minimise errors, and enhance the accessibility of case information for all stakeholders. For instance, the introduction of e-FIR (First Information Report) allows individuals to; lodge complaints online, making the process more accessible and efficient. This is particularly beneficial in remote and rural areas where access to police stations may be limited. Additionally, digital platforms for tracking the status of complaints and investigations provide greater transparency and accountability.
- Introduction of Zero FIR and e-FIR: The concept of Zero FIR has been formalised and expanded under the new code. Zero FIR allows a complaint to be registered at any police station, regardless of jurisdiction and then transferred to the appropriate station. This provision is crucial in ensuring timely action in cases of serious crimes, particularly those involving women and children.
- The e-FIR system enhances this further by enabling the filing of FIRs through online platforms. This not only simplifies the process for citizens but also helps in creating a digital trail that can be easily monitored and audited, reducing instances of corruption and negligence.:
- Videography in Search and Seizure Operations: To enhance the integrity of search and seizure operations, this Act mandates the videography of such procedures. This measure aims to prevent tampering and ensure that all actions taken by law enforcement are documented and transparent. The use of body cameras and other recording devices is expected to increase accountability and build public trust in the police force.
- Provisions for Speedy Trials: Recognising the chronic issue of delayed justice, the new code introduces several measures to expedite trials. These include stricter timelines for the completion of investigations and trials and the establishment of fast-track courts for handling cases of serious offences. The law also provides for summary trials in cases of minor offences, ensuring that these do not clog the judicial system and that justice is delivered swiftly.
- Enhanced Police Accountability: Provisions for greater oversight and accountability of law enforcement agencies.
Implications:
- Efficiency: The faster resolution of cases can reduce backlog and enhance the efficiency of the judicial system.
- Transparency: Greater accountability of law enforcement could lead to increased public trust.
Order Bharatiya Nagarik Suraksha Sanhita, 2023
Bharatiya Sakshya Adhiniyam (BSA) Act
This Act replaces the Indian Evidence Act, 1872 aiming to modernize the rules of evidence.
Key Features:
- Digital Evidence: Recognition and incorporation of digital evidence.
- Replacing the Indian Evidence Act: This Act introduces new definitions, expands the scope of admissible evidence, and ensures that the legal framework keeps pace with the digital age.
- Expansion of the Definition of Evidence: The new law broadens the definition of evidence to include digital and electronic records explicitly. This change is crucial in an era where digital communication and transactions are prevalent. Under the previous act, the admissibility of such evidence often faced challenges due to outdated definitions and a lack of clear guidelines. For instance, emails, text messages, and digital documents are now explicitly recognised as valid forms of evidence, provided they meet certain authenticity criteria. This expansion ensures that the legal system can effectively handle cases involving cybercrimes, financial frauds, and other offences that heavily rely on digital evidence.
- Inclusion of Digital and Electronic Records: To address the complexities of digital evidence, the Bharatiya Sakshya Adhiniyam includes detailed provisions on the collection, preservation, and presentation of electronic records. The law mandates the use of certified digital signatures and secure authentication methods to verify the integrity of electronic records. Additionally, specific guidelines are provided for the admissibility of digital photographs, videos, and other multimedia evidence, ensuring that such evidence is not easily manipulated or contested.
- Mandatory Forensic Team Visits for Serious Crimes: To ensure a thorough and unbiased investigation of serious crimes, the new law mandates the involvement of forensic teams in such cases. This requirement aims to standardise the collection and analysis of forensic evidence, minimising the risk of tampering and ensuring that investigations are conducted scientifically. For example, in cases of homicide, sexual assault, and large-scale financial fraud, forensic experts are required to visit the crime scene, collect evidence, and provide detailed reports. This practice not only strengthens the evidentiary base but also enhances the credibility of the investigation process.
- Witness Protection: Enhanced measures to protect witnesses and ensure their safety.
- Simplified Rules: Streamlining evidence rules to make them more straightforward.
Implications:
- Adaptability: More adaptable to current technological advancements and types of evidence.
- Witness Cooperation: Improved witness protection could lead to better cooperation from witnesses, strengthening the judicial process.
Order Bharatiya Sakshya Adhiniyam, 2023
Overall Implications
- Legal Modernization: These acts collectively aim to update and modernize the criminal justice system, making it more relevant to contemporary issues and challenges.
- Increased Efficiency and Transparency: Streamlined procedures and enhanced accountability mechanisms could lead to a more efficient and transparent justice system.
- Victim and Witness Protection: A greater focus on the rights and safety of victims and witnesses could result in a more humane and fair justice process.
- Technological Integration: The incorporation of technology could revolutionize the way evidence is collected, processed, and presented in court, leading to more accurate and timely justice delivery.
These reforms represent a significant shift towards a more efficient, transparent, and modern criminal justice system in India.
EBC, a pioneer and prompt contributor to the law fraternity kept a close watch on these developments and published EBC’s Bare Acts on New Criminal Laws– Bharatiya Nyaya Sanhita (BNS) Act, Bharatiya Nagrik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA).
Hon’ble Union Minister of Home Affairs, Shri Amit Shah unveiled these EBC Bare Acts to acknowledge the valuable section-wise comparisons of the new laws with the older
Shri Amit Shah shared that “Introducing the reference books on the three recently enacted transformative criminal justice laws. The three books published by Eastern Book Company have given useful section-wise comparisons of new laws with the old ones. The books highlight the vision of the Government for a fair and speedy justice delivery system.”
Moreover, detailed commentaries by J.K. Verma on these new Acts have also been released and are in huge demand:
