India gives itself New Criminal Laws w.e.f 01st July 2024 - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam

For decades, the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA) served as the bedrock of India’s legal system, rooted in the British colonial era.

While, the IPC, CrPC, and IEA govern the overall criminal justice system, over the years various special laws have been enacted to penalise certain offences and provide for separate procedures.  

For instance, the Unlawful Activities (Prevention) Act, 1967 deals with terrorist activities and unlawful activities of individuals and associations.  The Protection of Children from Sexual Offences Act, 2012 protects children from sexual assault and pornography.  The Food Safety and Standards Act, 2006 is a regulatory law that penalises offences including food adulteration.  Various states have also enacted laws to control organised crime.

On August 11, 2023, three Bills were introduced in Lok Sabha to replace the IPC, CrPC and IEA, some of which were older than independent India. 

In February 2024, the Ministry of Home Affairs | Government of India (mha.gov.in) issued three gazette notifications, informing that the three new criminal laws will be effective July 1, 2024. 

1. Bharatiya Nyaya Sanhita (BNS), 2023, will replace the Indian Penal Code of 1860.  
2. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, will replace CrPC 0f 1973.
3. Bharatiya Sakshya Adhiniyam (BSA), 2023, for the Indian Evidence Act of 1872.

The new criminal laws seek to move towards a reformative justice system by providing for community service instead of imprisonment, but will retain the current punitive character of the criminal justice system. 

For instance, theft is punishable with rigorous imprisonment between a year and five years.  The BNS adds that community service may also be imposed as punishment for theft.  This is provided for cases where: (i) the value of the stolen property is less than Rs 5,000 (ii) the person is a first-time offender, and (iii) the stolen property is returned or its value is restored.  However, theft remains a non-bailable offence.

The new criminal laws will bring in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes, and also the video recording of all search and seizure have been made mandatory.

Here is a brief description of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA):

1. Bharatiya Nyaya Sanhita (BNS):

   • The BNS replaces the Indian Penal Code (IPC), 1860. 
   • It is the primary criminal code of India, defining offenses and their punishments.
   • The BNS covers a wide range of criminal acts, including theft, assault, fraud, and more.
   • It aims to modernize and streamline criminal laws, addressing gaps and inconsistencies present in the IPC.
   • Full document is available at 278LS(content).p65 (prsindia.org)

2. Bharatiya Nagrik Suraksha Sanhita (BNSS):

   • The BNSS replaces the Criminal Procedure Code (CrPC), 1973. 
   • It governs the procedures for investigation, trial, and appeals in criminal cases.
   • It outlines the steps involved in criminal proceedings, such as arrest, bail, trial, and sentencing.
   • The BNSS aims to enhance efficiency, transparency, and fairness in the criminal justice system.
   • Full document is available at 277LS Pre..pmd (prsindia.org)

3. Bharatiya Sakshya Adhiniyam (BSA):

   • The BSA replaces the Indian Evidence Act, 1872. 
   • It deals with the admissibility of evidence in court.
   • It defines rules regarding the presentation and evaluation of evidence during trials.
   • The BSA aims to simplify evidence-related procedures and promote consistency.
   • Incorporates advanced verification methods for electronic evidence, such as hash value verification, which is a global best practice to ensure the integrity of data. 
   • However, unlike the EU’s e-Evidence package, which facilitates cross-border access to electronic evidence for law enforcement, the BSA, 2023 does not explicitly address international cooperation or cross-jurisdictional issues in electronic evidence collection.
   • BSA does not fully integrate some of the stringent safeguards recommended by international bodies like INTERPOL, which emphasizes the importance of maintaining the integrity and admissibility of electronic evidence through standardized forensic procedures.
   • For the full document click here India Code: Bharatiya Sakshya Adhiniyam, 2023

The BNS provisions codify offences linked to mob lynching and hate-crime murders, for cases when a mob of five or more individuals commits murder based on factors such as race, caste, community, or personal belief.  The provision has punishment that extends from life imprisonment to death.

The new criminal law code makes some crucial changes, and for the first time, bring terrorism, corruption and organised crime under the ambit of ordinary criminal law. Sedition is no longer an offence.  Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India. 

Organised crime as an offence will include crimes such as kidnapping, extortion and cyber-crime committed on behalf of a crime syndicate.  Petty organised crime is also an offence now. 

Organised crime: Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.

Murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal belief will be an offence with penalty of seven years to life imprisonment or death. 

BNSS replacing the CrPC of 1973 brings far-reaching changes in the procedural law. The new law mandates forensic investigation for offences punishable with at least seven years of imprisonment. It prescribes timelines for various procedures. For instance, it requires medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days. Other specified timelines include: (i) giving judgment within 30 days of completion of arguments (extendable up to 60 days), (ii) informing the victim of progress of investigation within 90 days, and (iii) framing of charges by a sessions court within 60 days from the first hearing on such charges.

Such changes are part of a broader effort to decolonize and modernize India’s legal framework, making it more relatable and accessible to the general populace.