Exploring India's New Criminal Laws

The criminal justice system of India has overseen a major overhaul with the introduction of three new criminal laws: the Bharatiya Nyaya Sanhita 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam 2023 (BSA). This article explores the rationale behind these reforms, highlights key changes introduced by each law, and discusses the challenges in their implementation.

Overview Of The New Criminal Laws

The new criminal laws in India came into effect on 1st July 2024. These are the three new criminal laws:

1. Bharatiya Nyaya Sanhita 2023, which replaces the Indian Penal Code, 1860.
2. Bharatiya Nagarik Suraksha Sanhita 2023, which replaces the Code of Criminal Procedure, 1973.
3. Bharatiya Sakshya Adhiniyam 2023, which replaces the Indian Evidence Act of 1872.

Need For New Criminal Laws

The need for new criminal laws arose because the old rules were outdated and inefficient in resolving the current legal issues. The new criminal laws serve the following purposes:

1. The old laws were introduced during British rule and were designed to serve their interest. offences like sedition were used in that era to control the fundamental rights of Indian citizens. On numerous occasions, it has been felt that the laws should be updated to fit the needs of Indian citizens in the 21st century.
2. Trial delays have led to delays in justice delivery. The new law fixes new timeframes and limits adjournments to speed up proceedings.
3. The new laws have introduced modern crimes, such as cybercrime, organized crime, financial fraud, and terrorism.
4. The new laws have changed punishments. They have increased penalties for some serious offences and decreased punishment for petty crimes, which makes them more appropriate.
5. The new laws are hailed as gender-neutral and victim-friendly. There are provisions to protect the victims of sexual crimes and uphold their rights.

Bharatiya Nyay Sanhita 2023

The Bharatiya Nyay Sanhita (BNS) 2023 has replaced the Indian Penal Code, 1860. It modernizes the penal law by creating a consolidated list of offences that are prevalent in today's age.

Key Changes Made In BNS

Following are the key changes made in BNS 2023:

1. Sedition has been removed as an offence. Earlier, IPC made sedition punishable under section 124A. It has been removed from BNS. Instead, a new provision, section 152, has been added for acts that endanger the sovereignty, unity, and integrity of India.
2. Section 112, petty organized crime, and section 113, terrorist acts, have been added.
3. Community service has been added as a punishment for a few minor offences.
4. The law has been simplified, and old redundant sections have been removed. For example, terms like servant of government and court of justice are removed to make the law more accessible and user-friendly.
5. Punishment for crimes such as human trafficking, sexual exploitation, and domestic violence has been increased. New sections have been introduced to address offences like stalking, acid attacks, and other gender-based violence.

Bharatiya Nagarik Suraksha Sanhita 2023

Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS) replaces the Code of Criminal Procedure, 1973. It has introduced significant reforms to improve and streamline the Indian criminal system. The BNSS focuses on protecting victims and expediting the judicial process through modern technology.

Key Changes Made In BNSS

Here are some of the key changes introduced in BNSS:

1. BNSS has incorporated digital technologies and modernization into the old laws. It mandates the use of digital records and e-governance platforms to streamline documentation and case tracking. This will reduce paperwork and minimize human errors.
2. It has introduced the concept of zero FIR. Earlier, it was not explicitly covered in CrPC. It allows police complaints to be filed in any police station regardless of the jurisdiction.
3. The new law has introduced timelines to complete the investigation and trial speedily. It has also introduced fast-track courts to handle serious offences.
4. The new law mandates forensic investigation for offences punishable by at least seven years of imprisonment. The courts are now mandated to accept DNA reports and forensic tests as strong scientific evidence. The law also expands the magistrate's power to take finger impressions and voice samples.
5. The new laws have omitted Metropolitan magistrates from the hierarchy of courts.
6. The law has changed to allow the recording of statements of witnesses through video conferencing to reduce delays in trial. Cross-examination can also be done digitally.

Bharatiya Sakshya Adhiniyam 2023

The Bharatiya Sakshya Adhiniyam (BSA) 2023 has replaced the Indian Evidence Act, 1872. This act aims to change the rules regarding admissibility, collection, and presentation of evidence in the courts.

Key Changes Made In BSA

The following are some significant changes made in the BSA:

1. It has formally recognized digital evidence by extending the scope of the term' documents' to include electronic records and messages on digital devices. Electronic communication, like WhatsApp messages, emails, and social media posts, is now considered valid evidence.
2. Earlier, the definition of primary and secondary evidence has been expanded.
3. It has clarified the position of an accomplice as a competent witness. It states that a conviction is not illegal if it is based on corroborated testimony of an accomplice. Earlier, sections 114 and 133 of the Indian Evidence Act conflicted.
4. The scope of experts has been expanded to include persons specially skilled in 'any other field.'
5. Section 165 has been amended to disallow any code that requires any communication between ministers and the President of India to be produced before it.
6. Section 22 now includes the term coercion as one of the acts that makes a confession irrelevant.

Challenges Of New Criminal Laws

While all three new criminal laws aim to modernize the criminal justice system, their implementation faces a few challenges:

Implementation Challenges

Firstly, everyone connected to the criminal system, such as police officers, judges, lawyers, and other law enforcement officials, will need extensive training to understand the new laws. The old laws had already been in force for decades, and everyone knew the procedures under them. Now, there is a need for awareness and training.

Issues Related To Digital Evidence

The new laws rely on digital and forensic evidence. However, ensuring authenticity and protecting electronic evidence presents a challenge. There is a risk of hacking, deepfakes, using AI to generate data, or cyber manipulation.

Increased Workload

The introduction of new laws has increased the burden on an already overburdened judicial system. There are new categories of crime and strict punishment that need to be considered by judicial officers.

Overseeing Mechanisms

Another challenge is overcoming resistance to change. To this end, monitoring and evaluation mechanisms should be established to oversee the implementation and enforcement of new laws.

Digital Piracy

The new laws focus on digital evidence and e-governance, but they raise concerns about digital privacy. While the rules aim to increase efficiency and transparency, they can also potentially abuse Article 21 of the Constitution.

Conclusion

The new criminal laws represent a crucial step towards modernizing India's legal framework, addressing contemporary crimes, and prioritizing victim rights. Overcoming resistance to change and ensuring digital privacy will also be critical for realizing the full potential of these reforms and achieving a more just and efficient criminal justice system.

FAQs

A few FAQs on the new criminal laws of India are:

Q1. Why were new criminal laws needed?

The old criminal laws became outdated with time and were designed for a different era. The new laws talk about new crimes such as cybercrime, give importance to the rights of victims and and aim to expedite justice delivery.

Q2. What are some key changes in the BNS?

The changes in BNS are the removal of sedition, the addition of new offences such as petty organized crime and terrorist acts, community service as punishment, and penalties for certain crimes like human trafficking have been increased.

Q3. What are some challenges in implementing the new criminal laws?

Challenges include the requirement for extensive training for legal professionals, ensuring the authenticity and security of digital evidence, increased workload on the judicial system, and potential resistance to change.