UNDERSTANDING THE NEW CRIMINAL LAWS AND KEY TAKEAWAYS
Category: Criminal Law
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ABSTRACT
Legal System in India went through a vital change with the introduction of three new criminal laws. These three new laws are focusing more on providing justice rather than stressing on punishment. Union Home Minister introduced these new bills on 11th August 2023 which will aim in delivering justice and eliminating the colonial mindset of old criminal laws. With the enactment of new criminal laws new laws, the old laws will no longer be in picture. Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC) in the new Indian legal system. The Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Criminal Procedure Code (CrPC), Indian Evidence Act was replaced with Bharatiya Sakshya Adhiniyam (BSA). 1 These laws also came into effect on July 1st 2024. And it has been taken as a reform.
KEYWORDS
Criminal Justice System, National Integrity, Digital-friendly, Punishment, Victim-central, Sedition, Treason, Economic offences, Imprisonment, Witness protection, Police custody, Organised crime, Hate speech, Intangible, Trail, Zero FIR, Virtual Court Hearing, Digital India, Data theft,
INTRODUCTION
These are some important major changes that happened in BNS. The number of sections is reduced from 511 to 258, more than 20 new offences are added which includes hate crimes and mob lynching, terrorism, organised crime, and hate speech. Now Sedition is renamed as treason which means those acts which endanger national integrity, the definition of theft now includes data and intangible things as well.
BNSS which replaced CrPC, also saw some vital changes such as, it extended police custody and now it has been extended from 15 to 90 days, and when it comes to trail this new law permits trail even if the accused is absent, concept of Zero FIR is promoted and now FIRs can be filed at any police station without any issue of jurisdiction, Summons can be issued electronically, promoting digital India. It also mandates forensic investigation for heinous crimes, it also promoted electronic trails that is virtual hearings, moving away from traditional courtroom hearings, and most importantly protection of witnesses got an important place in this newly BNSS. 2
MAJOR CHANCES BETWEEN OLD LAWS AND NEW LAWS
When it comes to Indian Evidence Act which has been replaced with BSA, it also saw some important new additions such as BSA now gave shelter to electronic and digital records as primary evidence.3 BSA mandates police to take audio and video recordings of statements from victims of rape and now we have new laws in the picture and our legal system is running with these laws now and it was the need of the hour, changes like specific offences for organised crime has been established in new laws, law criminalizing certain sexual Acts is no longer in use as they removed section 377, acts of terrorism are now explicitly defined as an offence, minor offences like petty crimes may land one to do community service instead of jail, punishment increased for causing death in hit and run cases, the definition of data theft is added and identity theft. The term economic offences are clearly defined, basically the change is shifted towards a more moder, victim centric and proper legal system, and it also permits oral evidence electronically. 4
1 Ministry of Home Affairs, 2 Press Information Bureau, Government of India. 3 My Government Digital Platform, Government of India, 4 Ministry of Parliamentary Affairs, Government of India.
KEY FEATURES OF NEW CRIMINAL LAWS
New Criminal laws aim is to simplify the legal picture in the country, it makes the complicated concept easy to understand.
It provides clear and effective guidelines and reduced the backlog of cases and also makes judicial processes easy. And this saves time and provide justice on time.
This new criminal laws also protects individual rights and liberties in a robust manner. It ensures rapid growth and safeguard against discrimination.
It also covers changing legal and social environment, and promotes transparency in legal and social environment.
It is more accessible to general public and promoting legal literacy and awareness.
First time offender who has completed 1/3 of the punishment will be granted bail on his good behaviour in the jail.
CHALLENGES OF NEW CRIMINAL LAWS
The introduction of new laws can be a challenging ask for both litigants and lawyers, because of new procedure, interpretations, and potential loopholes. Lawyers and Advocates needs to get familiar with the new statutes whereas this may be a struggle for them.
It is going to take a lot of time to fully adapt new criminal laws in the country and proper training is required and court cooperation is also a key point.
Challenges related to implementation is another bog task for the judiciary, and also education awareness amongst the Police departments.
Proper training and knowledge about the important amendments needs to be given to the judges and all the court officers.
IMPORTANT KEY POINTS
It introduces community service as punishment for small crimes.
A terrorist act is not defined properly.
Mob Lynching word is a new addition and now death punishment and life imprisonment are the punishment for this crime.
Trial will continue even when accused is absent for any reason.
Summary trials are promoted when such a crime where punishment is less than 3 years.
Forensic experts should be used in all the cases.
This new law has also introduced additional obligation on the state government to designate a police officer who would be responsible for keeping record on all the arrest.
It also introduces a transformative approach to report of crimes against women through electronic FIR. This will help in fast delivery of justice.
PROMOTION FOR THE USE OF TECHNOLOGY IN NEW LAWS
The new criminal laws are also promoting the use of technology at all the stages of trail, and also during the investigation, this was brought to ensure faster trail, and to introduce transparency in the trail and also for the forensics in investigation is an important move towards modernising the criminal justice system.
CONCLUSION
Three new criminal laws introduced some major changes when it comes to legal system of India, the old laws were drafted long back during the colonial period by the Britishers and from time to time there were demands for the new laws in our country as it was the product of old set of laws and with rapid growth in modern India and after more than 77 years of Independence India was still governing under the old laws and criminal law is one of the most important laws when it comes to creating the just and free society so it was important to bring some required chances and the Parliament passed this new Acts which was introduced by the Union Home Minister.
