Published on November, 08 2024
The introduction of three new criminal laws has brought about a historic change in the criminal laws that exist in India. These were Bharatiya Nyaya Sanhita (BNS) Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) Laws replacing the old colonial statutes such as the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act. By performing this big transformation, the government would like to bring criminal justice into the twenty-first century about the values, technology, and necessities of society.
These reforms are not just changes, they are improvements; improvements which are creating a new, effective and honest justice system. The new laws bring innovations in terms of procedural and substantial changes concerning the rights and protections of vulnerable populations, the application of rules for digital evidence and the optimisation of the investigative processes.
1. Bharat Nyay Sanhita (BNS) – The Priebe on to the criminal code in India: reform suggestions
In 1860 the Indian Penal Code (IPC) was enacted and the Bharatiya Nyaya Sanhita (BNS) which partly replaced the IPC brought radical changes in the Indian substantive criminal laws. It enhances clarifications to provisions and reconceptualises punishments, as well as adding new categories of offences.
Key Changes and New Offenses
Introduction of New Crimes
- While BNS brings into the modern crimes scene that were not initially covered under the IPC, these include; cybercrime, hacking, identity theft, financial fraud and organized crime.
- New offences are mob lynching, hit and run, sexual exploitation by administering false premises and abetment of the crime from another country.
New Measures: Should GBV Offenders Go to Jail?
- BNS comes with severe consequences for such advances as sexual assault, stalking, and domestic violence.
- Aggravated types of penalties, including life imprisonment or the death penalty, are provided for serious cases of using firearms where the minor was involved or it was repeated.
Redefined Sedition Laws
The old section 124-A of the IPC has been changed to avoid its misuse and now targets the “mechanism for instigating violence” against the state.
Table: Old vs. New Provisions in the Bharatiya Nyaya Sanhita
| Old Provision (IPC) |
New Provision (BNS) |
| Cybercrime not specified |
Cybercrimes defined and penalized |
| Ambiguous sedition law |
Sedition redefined to prevent misuse |
| Lesser focus on organized crime |
Organized crime categorized and penalized |
Consult a criminal lawyer in Delhi for those seeking expert legal advice on how these new offences might affect existing or future cases.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS): Criminal Proceedings in the Age of Criminal Justice Reform
The BNSS supersedes the CrPC, 1898, which concentrated on the procedures and an improvement of their functioning. This law brings new technology to the execution of justice and underlines the rights of the citizens.
Key Procedural Changes
Digitalization and Zero FIR
- The BNSS presents the e-FIR system where the citizens can file their FIRs electronically.
- Due to the Zero FIR provision, the complaint can be lodged in any police station, irrespective of whether the police station has territorial jurisdiction or not, this makes the response more effective.
- Police Searches and use of Video Recording as Well as Body Cameras
.
- Police operations involving search and seizure have also become subject to videotaping.
- he officers are supposed to put on body cams, effectively reducing some cases of police brutality.
Temporary measures leading to quick justice: An analysis
- BNSS has short durations for investigations and trials to enhance the clearance of backlogs and increase efficiency.
- Remedies for summary trials include This help in the speedy trial of minor offences, thus decongesting the courts.
Example: Procedural Improvement in BNSS
| Old Process
|
New BNSS Process
|
| FIR had to be filed in the jurisdictional station only
|
Zero FIR allows filing at any station |
| No mandated use of body cameras
|
Body cameras are required for officers during operations
|
| Delayed trials
|
Time-bound trials to ensure timely justice
|
For insights on how these changes impact each stage of a case, refer to the stages of criminal case section.
3. Bharatiya Sakshya Adhiniyam (BSA): New Standards for Evidence
Passed in place of the Indian Evidence Act of 1872, the Bharatiya Sakshya Adhiniyam (BSA) alters how the Indian legal system will accept evidence within the courtroom concentrating on digital and forensic measures.
Reform of the Evidentiary Rules
- Human Readable This part focuses on the admissibility of Digital and Electronic Records as Evidence.
- The BSA legally embraces emails, text messages and multimedia as serious evidence if their authenticity can be proven.
- Rules regarding digital signatures to guarantee document credibility as well as valid signatures are provided.
- BSA requires the use of forensic science where the offence is grave.
- The central notion of having a national forensic science university ensures that there is standard training in forensics and standard handling of the evidence.
- New Bar/Standard/Law for Business Records/Info/Tangible things.
- Procedures exist to ensure that defining moment images in the form of digital photographs, video, and multimedia are genuinely and properly receivable as valid evidence in the court.
Comparison with Colonial-Era Laws
These new laws mean the maturation from colonialism – IPC, CrPC, and Indian Evidence Act and moving forward into a more acceptable legal and social environment.
Differences at a Glance
| Aspect |
Colonial-Era Codes |
New Criminal Laws (2024) |
| Criminal Definition |
Broad, outdated definitions |
Precise, updated definitions |
| Technology Integration |
Minimal |
Extensive (e-FIR, digital evidence) |
| Citizen-Centric Provisions |
Limited |
Enhanced (Zero FIR, victim rights) |
The focus on decolonizing the legal system is reflected in these new statutes, creating a more transparent and effective justice framework.
Expected Impact of the Three New Criminal Laws
Speedier Disposal of Cases and Elimination of Pendency
- It is envisaged that the infusion of technology and methods will mitigate the chances of unnecessary delays thus expediting the process of trials and investigations.
Improved Rates of Conviction Through Utilization of Forensic Evidence
- The application of forensic evidence encourages the appropriate presentation of evidence hence the chances of getting convictions are higher.
More Role and Responsibility in Policing Dept.
- Parenthetically introduced videotapes and the use of body cameras serve the purpose of accountability as well as the promotion of confidence in the police.
Challenges that Accompany the New Criminal Laws
As the new laws contain a lot of advantages, there are also drawbacks with respect to confidentiality and fairness in implementation.
Privacy in the Digital Age
- With the advent of electronic evidence, it also comes with a lot of fear concerning the safety of the information contained. The use of Appropriate data protection strategies is mandatory in safeguarding access to the information.
- Ensuring Particular Application of the Law Does Not Result in Discrimination between Persons.
- These laws should be enforced impartially without bias towards certain sections of the society. Measures such as compulsory video capturing are believed to cut back on such tendencies of bias in the law’s enforcement.
Conclusion
The three new criminal laws in India are crucial to aggressively reform the legal system that is in existence today in India for new-age crimes. These laws claim to make the criminal justice system more efficient and responsive to citizen’s demands by stressing digital evidence and procedural formalism and accountability.
Anyone wishing to have knowledge regarding such laws or those who are involved in a legal process must seek the services of a criminal lawyer in Delhi in order to gain a new perception of how such laws may apply in individual cases as well as proper representation in the light of the changes regarding this law.
Advocate Priya Paul
Advocate Priya Paul, a proactive Delhi-based advocate, leads a skilled team. Her blog shares insights and updates on legal issues, helping readers navigate the law.
Frequently Asked Question
What is the Bharatiya Nyaya Sanhita apart from IPC?
+
The BNS succeeds the IPC, which has updated criminal definitions and extended criminal punishments for some crimes.
In what ways are Zero FIR and e-FIR systems helpful for reporting crimes?
+
People can now make a complaint to the police online or at any police station including one of their residential area and the police will act swiftly.
What new provisions do the new laws provide to protect women and children?
+
The new laws strengthen the legal protection of gender-based violence and trafficking by imposing harsher penalties.
In what way are digital records accepted under, the call Bharatiya Sakshya Adhiniyam?
+
Messages in the form of electronic mail, or text messages, as well as any other multimedia items, are allowed so long as they present digital genuineness.
In what manner does a criminal lawyer in Delhi help in dealing with cases under the new laws?
+
That is why, a criminal lawyer can explain to their clients, possible and applicable under the current legislation, how these laws affect or influence certain cases by digital and/or procedural changes.
