With effect from 1st July 2024, the Indian Penal Code, Criminal Procedure Code, and the Indian Evidence Act have been replaced by the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, respectively. The purpose of these acts was to update the Indian Criminal Justice System by replacing the colonial era laws. The new laws are considered to be more victim-centric and more suitable for the technological era. The new laws are aiming towards long-standing inefficiencies and inadequacies of the existing ones that have been criticised for being unresponsive and outdated as per the needs of the modern society. The BNS or Bharatiya Nyaya Sanhita is focused on simplifying and updating the legal provisions to reflect the current technological and societal values. The Bharatiya Sakshya Adhinayan is responsible for modernising the rules of evidence to include the electronic and digital records that are increasingly important in today’s digital age. These changes will have a profound impact on different sectors, from the judiciary to law enforcement to the general public.
Key Features of New Criminal Laws
Check below the key features of the New Criminal Laws one by one:
Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita marks a transformative shift in India’s approach to criminal law. This act replaced the Indian Penal Code of 1860 and had remained largely unchanged since its inception. This law is related to cases such as:
- Criminal Misappropriation
- Cheating
- Breach of Trust
- Forgery and use of fake documents
- The sections explaining the definitions of these offences mostly remain unchanged
Bharatiya Nagarik Suraksha Sanhita
The Bharatiya Nagarik Surasha Sanhita of 2023 replaces the Criminal Procedure Code of 1898 by bringing in significant reforms, such as enhancing the procedural aspects of the criminal justice system. This new law focuses on modernising, investigating, and improving the efficiency and transparency of enforcement of law and ensuring speedy delivery of justice.
- This defines all the types of electronic evidence.
- It clarifies the jurisdictions in cases involving electronic modes of deception.
- This empowers courts to ask for electronic filings in cases where there are huge documents.
- This empowers courts and police officers to issue summons where digital evidence is required.
Bharatiya Sakshya Adhiniyam
The Bharatiya Sakshya Adhiniyam Act of 2023 represents a positive update for the rules of evidence replacing the Indian Evidence Act of 1872. This new law is focused on modernising the evidentiary framework, the challenges posed by digital and electronic needs, and integrating the contemporary needs.
- Provides detailed definition of “Experts” to include more areas of expertise
- Recognises electronic evidence as primary evidence when produced from “proper custody”
- Provide a detailed description of documentary evidence, including electronic or digital records.
- Elaborates the definition of “document” to include digital and electronic records and also contains examples of such records
Impact of New Criminal Laws on the Criminal Justice System
New criminal laws such as Bharatiya Nyaya Sanhita, Bharatiya Sakshya Adhiniyam, and Bharatiya Nagarik Suraksha Sanhita in 2023 have had a great impact on India’s criminal justice system. These reforms have been specially designed to increase efficiency, protect the rights of the citizens, and improve conviction rates. Check below the impact of these laws on the criminal justice system.
Involvement of Evidences such as Scientific and Forensic – The requirement of the involvement of forensic teams in serious crimes, as mentioned by the Bharatiya Sakshya Adhiniyam, is expected to enhance the quality of investigations. Forensic experts are expected to provide critical insights that will help to establish the facts of a case in order to reduce the likelihood of wrongful convictions.
Focus on Improving the Rates of Conviction- One of the important goals of the new criminal laws is to improve conviction rates by making the legal process more reliable and efficient. By providing clear guidelines about the electronic records, the new laws will ensure that such evidence is good to go and admissible by the court.
Introduction of New Technologies- The government has introduced mobile Forensic Labs that can be quickly reached at the crime scenes and provide the analysis timely. These labs are equipped with the latest technologies to perform on-the-spot analysis and testing.
Advantages of New Criminal Laws 2024 India
The new criminal laws in India have certain advantages for the criminal justice system of India:
- Firstly, BNSS enhances the public’s confidence in government policies and initiatives. Although it promises substantial benefits, successful implementation requires overcoming several challenges
- Secondly, it ensures adequate funding and resource allocation to sustain welfare programs
- It has led to establishing robust mechanisms to monitor the implementation and impact of BNSS initiatives
How to Protect The Rights of the Citizens with the New Criminal Laws?
The new criminal laws focus on protecting the rights of the citizens, especially the victims. The Bharatiya Nyaya Sanhita includes provisions for victim support and compensation. Check below:
Measures to Protect the Rights of the Victims – The new provisions for victim compensation are designed to provide financial support to the victims of serious crimes. This law also ensures to protect the witnesses, by launching protection program to ensure that they can testify.
Addressing legal considerations with the new criminal laws- The new laws are aimed at modernizing India’s criminal justice system by incorporating contemporary technological advancements and legal standards. This modernisation must be balanced with traditional values and practices that are deeply rooted in Indian society.
Adapt to Current Legal Standards- It is very essential to keep in mind that the new laws are aligned with current legal standards. This involves adapting the best practices and ensuring that the laws are adaptable to future changes.