Overview of New Criminal Laws (Effective July 1, 2024)
India has replaced three colonial-era laws with modernized legislation:
Bharatiya Nyaya Sanhita (BNS) – Replaces the Indian Penal Code (IPC), 1860.
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Replaces the Code of Criminal Procedure (CrPC), 1898.
Bharatiya Sakshya Adhiniyam (BSA) – Replaces the Indian Evidence Act, 1872.
Objective: Streamline legal procedures, integrate technology, and enhance citizen protections.
Key Changes in Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Prosecution Reforms
Section 20: Establishes a Directorate of Prosecution for structured case handling.
Director of Prosecution: Oversees appeals & cases with 10+ years punishment.
Deputy Director: Handles cases with 7-10 years imprisonment.
Assistant Director: Monitors cases with <7 years imprisonment.
Public Prosecutor appointments for Delhi High Court.
Investigation Reforms
Zero FIR, e-FIR, Preliminary Enquiry introduced.
Senior officers must investigate serious offences.
Mandatory forensic evidence in crimes punishable by 7+ years.
90-day investigation timeline (deemed sanction after 120 days).
Protection for public servants at the Magistrate complaint stage.
Custody & Arrest Procedures
Notice of appearance (Form I) before arrest.
Handcuff use permitted during arrest and court production.
Police custody limited to 15 days within 40/60-day detention period.
No house arrest—detention only in police stations, prisons, or declared places.
Technology Integration
Electronic police reports & copies to accused.
Digital summoning process with maintained registers (addresses, contact details).
Key Changes in Bharatiya Nyaya Sanhita (BNS), 2023
New Offences & Modifications
Promise to Marry: Criminalizes “deceitful” promises to marry (exploitation cases).
Mob Lynching: Codified as a separate offence (hate-crime murders).
Organized Crime & Terrorism: Now covered under ordinary criminal law (broader than UAPA).
Attempt to Suicide: Criminalized if done to compel/restrain a public servant.
Fake News: Punishment for publishing false/misleading information.
Sedition (Deshdroh): Redefined with a wider scope.
Death by Negligence: Increased punishment from 2 to 5 years (doctors face 2 years).
Deleted Offences
Unnatural Sexual Offences (Sec 377 IPC): Fully repealed.
Adultery: Removed (as per Supreme Court ruling).
Thugs (Sec 510 IPC): Omitted.
Other Modifications
Mandatory Minimum Sentences introduced (limits judicial discretion).
Graded Fines for damage to public property (proportional to damage).
Key Changes in Bharatiya Sakshya Adhiniyam (BSA), 2023
Electronic Evidence Reforms
Electronic records now hold equal legal status to paper documents.
Includes data from memory devices, emails, and digital communications.
Oral evidence can be given electronically.
Electronic records classified as secondary evidence.
Joint Trial Provisions
Multiple accused in the same crime can be tried together.
If an accused does not respond to an arrest warrant, trial proceeds as a joint trial.
Key Issues & Concerns
Tampering risks in electronic evidence during search/seizure.
Authentication requirement for electronic records (contradicts document classification).
Custodial confessions allowed if linked to a discovered fact (risk of coercion).
No presumption of police responsibility for injuries in custody.
Exclusion of Law Commission & Supreme Court suggestions.
Conclusion
The new criminal laws aim to modernize India’s justice system with digital integration, stricter procedures, and updated offences. However, concerns remain over electronic evidence reliability, mandatory minimum sentences, and custodial safeguards. Proper implementation and judicial oversight will determine their effectiveness.