One Year of New Penal Laws in India
During the Winter Session of the Parliament of India commencing on December 4, 2023, 18 new laws were put forward for consideration. Among these were three very significant bills of felonious law The Bharatiya Nyaya Sanhita, 2023 ( ” New Penal Code”, ” BNS”), Bharatiya Sakshya Adhiniyam 2023 ( ” New Evidence law” ” BSA”), and Bharatiya Nagarik Suraksha Sanhita, 2023 ( ” New Criminal Procedure Code” ” BNSS”). The purpose of these laws is to replace, one by one, the Indian Penal Code, 1860, the Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1973. The three bills received the Presidential Assent on 25 December 2023, which laid the foundation for a new criminal justice system in India.
The three new codes relied on technology as a base to achieve this pivotal change. The new criminal laws are intended to digitize the Indian criminal system with the objective of increasing efficiency, speed and fairness in the justice process.
The Core of New Criminal Laws
At their core, the new criminal laws of India attempt to enrich and improve the criminal justice system of India to meet the needs and values of contemporary times. At the forefront of this reform is a clear focus on ‘Nyaya’ (Justice) as a guiding principle which implies a conscious movement to a more restorative approach to criminal law. jurisprudence, rather than solely focused on retribution key Provisions and the Impact
• This modern penal code, Bharatiya Nyaya Sanhita (BNS), specifically replaces the IPC and will help to keep India’s criminal law relevant to modern problems. The BNS provide modern definitions of offenses, require longer sentences for serious offenses, and provide a framework for some of the modern beast, such as cyber-crimes and fiscal fraud. Another important and developing aspect of the BNS is making explicit ‘crime prevention’ an explicit value and obligation, meaning to embrace the proactivity to address criminality.
• This new code, the Bharatiya Nagarik Suraksha Sanhita (BNSS), replaces the CrPC and it is the intent of the Act to modernize and modernize and reduce criminal procedure. As well, it greatly extends victim rights through new provisions (online FIRs, greater victim-witness protection), and supports the goal of speedy trials as well as supporting the goal of making the whole system based on the use of technology – efficiency, transparency.
• The Bharatiya sakshya Adhiniyam(BSA) replaces Indian fabulously Act, a modern rationalization of the legal frame for fabulously. The new Act is quite significant to increase an aura of admissibility of scientific and digital fabulously and help better ensure that data and research advances and technologies from modern research are strongly enshrined in the rules of fabulously.
THE BHARATIYA NYAYA SANHITA, 2023
The new criminal law known as the Bharatiya Nyaya Sanhita, 2023 attempts to redefine and modernize the criminal code, and will replace the Indian Penal Code, 1860. It takes into account carrying out amendments, repeals, and introduction of provisions with a balance to tackle offences in a more sophisticated fashion. This legislation rightly addresses acts endangering the sovereignty, unity, and integrity of the nation. Another step taken in this law is to deal with brush with terrorism, organized crime. Another positive measure is considering both serious and minor offences, and providing serious consideration for penalties and sentencing. The ‘Community Service’ concept as a less serious penalty for criminal acts now introduced in this law acknowledges a rehabilitative justice process. A recent update is a specific acknowledgement of snatching by a dove under Section 304 under the Bharatiya Nyaya Sanhita.
The BNS has begun significant criminal law:
- Rethinking Offenses Against the State: The controversial Section 124A of the IPC (sedition) was abolished by the BNS. In its place, the BNS provides, among other things, new sections (for example, the first part of Section 152) to address actions against India’s sovereignty, unity and integrity. As the BNS aims to honour contemporary constitutional values, the interpretation and enforcement of these recent sections will continue to undergo judicial review to navigate a balancing act between national security and civil rights.
- Addressing Modernity in Criminality: The BNS clearly defined, with greater definitions and penalties – typically categorized offences such as organized crime and terrorism. This was a response to the changing nature of crime – therefore responding to a need for strong legal frameworks to address modernity in criminal networks.
- Victims-Focused Improvements: The BNS, focuses on strengthening victims’ rights, emphasizing victim compensation, and increasing victim participation within the criminal justice process. Also, the introduction of community service as a potential penalty for minor offenses demonstrates a move toward restorative justice which may relieve pressure on correctional facilities.Initial Impact and Ongoing Scrutiny
One year post-implementation, the BNS is fundamentally changing the landscape of criminal culpability and punishment.
•Changing Jurisprudence: Lawyers and judges are actively adjusting to section numbering and the specificities of the reworded definitions. Now is a critical moment to establish new case law showing how the BNS will be interpreted.
•Theoretical vs. Practical Application: While the intention is apparent, it remains very much to be seen what the practical application will look like, especially regarding organized crime and terrorism. It will require lots of time on those new provisions to see what is potentially over-broad or misused.
•Victim-Centric Justice: With the emphasis on victim-based justice under the BNS, together with the procedural changes introduced in the BNSS, the BNS is gradually embedding an additional burden to allow victims to be part of the process and have the information they want, when they want it.The Bharatiya Nagrik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 wants to reform our Criminal procedure code. By providing time limits for investigations, it hopes to make justice more accessible and attuned to the needs of the people. In this new criminal law it can be stated, that a significant change has been made under Section 176 of the Act, along with the newly envisaged investigation for crimes which carry a punishment of seven (7) years imprisonment or more stipulating that design
ated experts will now take part in on-site investigations.
Furthermore, Section 173 of the Bharatiya Nagarik Suraksha Sanhita reflects the new technological era by allowing for digital- means of trials, inquiries and proceedings. This process of documentation and proceedings is evident of developments in technology to smoothen the process of the law. One was or method is the introduction of Zero FIRs. Presuming criminal law is applicable, Section 173 of the Act provides that in case of cognizable offence any person may file First Information Report (FIR) in police station regardless of territorial jurisdiction for cognizable offence.
It state FIR shall be transferred to police station, having territorial jurisdiction to handle crime committed in that area, within 15 days from the date of FIR. Crime and Criminal tracking system will improve the public aspects of all this.
The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam has taken the place of the Indian Evidence Act of 1872 and has set a new course for the development of Evidence Law. In a world where technology is becoming increasingly essential, that criminal law recognizes electronic evidence as any information created or transmitted by an information device or any information system that stores or can retrieve data. Section 57 of the Bharatiya Sakshya Adhiniyam recognizes electronic records as primary evidence. It also contains provisions for allowing electronic representations even for oral evidence. This allows witnesses to testify virtually, so digital records will have equal weight to paper records. Section 24 of the Act builds on the notion of joint trials.
The BSA, which substitutes the Indian Evidence Act, makes changes to evidence law, particularly with respect to electronic/digital evidence, as follows:
• Electronic Evidence is Evidence:- Electronic and digital record evidence, including, but certainly not limited to, emails, server logs, and CCTV will all be evidence.when the rules of evidence authenticate them properly (like a Section 63 certificate). This is an important provision to help the legal route adapt to the digital world and fight cyber fraud effectively.
- Remote Witness Testimony: The BSA allows oral evidence to be taken electronically and for witnesses to give evidence from a distance. There are opportunities with this development to improve access but more challenges in having witnesses cross-examined and for the integrity of remote witness testimonies.
Conclusion
The analysis of the Bills indicates deficiencies and highlights the need for such deficiencies and a gap to be addressed. The omission of the now repealed section 377 of the IPC by the Bharatiya Nyaya Sanhita (BNS) is a gap in that it leaves us with nothing specific concerning the rape of an adult man. The new laws introduce the possibility of offenses that are framed concerning the states security- this presents a possible situation of over-criminalization and vague laws. Even with these considerations, the legislative proposals encapsulated within the three Acts expresses India’s willingness to reform the legal and investigative structures that exist. The heavy emphasis and commitment to technology and forensic science legitimately places the laws at the forefront of the legal structures of today. In addition, the proposed Acts reaffirm a commitment to the provision of greater protection of marginalized and vulnerable segments of society whilst situating the current criminal justice system within the values and needs of today.
-Muskan Rai
(Legal Intern)
