New Criminal Law Changes in India Key Changes

WHAT ARE THE NEW CRIMINAL LAWS?

• India introduced Bharatiya Nyaya Sanhita, Bharatiya
Nagarik Suraksha Sanhita, and Bharatiya Sakshya
Adhiniyam, effective July 1, 2024.
• These laws replace IPC 1860, CrPC 1898, and Indian
Evidence Act 1872.
• Reforms modernize and streamline the legal framework,
addressing inefficiencies and outdated statutes.
• Aimed to enhance legal procedures, integrate technology,
and protect citizens’ rights comprehensively.

CHANGES IN BHARATIYA SURAKSHA
SANHITA, 2023

Prosecution Reforms
Section 20: Establishment of Directorate of Prosecution
Section 18 : Director of Prosecution – Manages appeals,
cases with 10+ years punishment
Deputy Director: Handles 7-10 years cases
Assistant Director: Monitors cases under 7 years
Public Prosecutor appointment for Delhi High Court 
Investigation Reforms: Zero FIR, e-FIR, Preliminary Enquiry, senior officer investigations, forensic use
90 days investigation timeline, 120 days deemed sanction
• Public servant protection at Magistrate complaint stage.

CHANGES IN BHARATIYA NAGARIKSURAKSHA
SANHITA, 2023

Custody and Arrest
• Notice of appearance added (Form l)
• Handcuff use during arrest and court production
• Police custody: 15 days within 40/60 day period
• No house arrest : detention in police station, prison, or declared place
Technology in Legal Processes:
• Electronic police report submission
• Electronic supply of copies to accused.
• Summoning process with maintained registers including
addresses and contact details.

CHANGES IN BHARATIYA NYAY SANHITA, 2023

Promise to Marry: Criminalising “deceitful” promises to
marry
• Mob Lynching: Codify offences linked to mob lynching and
hate-crime murders
• Ordinary criminal law now covers Organized Crime and
Terrorism, including a broader scope for terror financing in
BNS compared to UAPA
• Attempt to Suicide: Criminalises attempts to commit
suicide with intent to compel or restrain any public servant
from discharging official duty
Deletions
• Unnatural Sexual Offences: Section 577 of the IPC,
which criminalized homosexuality among other “unnatural”
sexual activities repealed completely
• Adultery: Offence of adultery omitted in consonance of
apex court judgment
• Thugs: Section 510 of IPC fully omitted.

CHANGES IN BHARATIYA NYAY SANHITA, 2023

Other Modifications

• Fake News: Criminalisation of publishing false and
misleading information
• Sedition: Introduced under a new name ‘deshdroh’ with
wider definition
 Mandatory Minimum Sentence: In several provisions,
mandatory minimum sentences prescribed which may
limit scope for judicial discretion
• Damage to Public Property: Carry a graded fine (i.e.
fine corresponding to the amount of damage caused)
• Death by Negligence: Elevates punishment for causing

death by negligence from two to five years (for doctors- 2 yrs imprisonment).

CHANGES IN BHARATIYASAKSHYA
ADHINIYAM, 2023

• Electronic records hold equivalent legal status to
traditional paper documents
• Electronic records encompassing data stored in memory
and communication devices.
• Allows oral evidence to be given electronically
• Electronic records are categorised as secondary evidence
A joint trial means trying more than one person for the same
rime
• A trial of multiple persons, where an accused has not
responded to an arrest warrant, will be treated as a joint
trial.

KEY ISSUES IN BHARATIYASAKSHYA
ADHINlYAM, 2023

Electronic Records
• Concerns regarding tampering of electronic records
during the search, seizure and investigation process
• Usually, Electronic records must be authenticated by a
certificate to be admissible as documents
• The Act classifies electronic evidence as documents (which may not need certification), creating a
contradiction
• Exclusion of suggestions of the SC and Law
Commission

• Concerns about duress and torture as Act kept a rule
allowing information from someone in police custody to
be used if it’s directly related to a discovered fact
• Exclusion of the presumption of police responsibility for
injuries to someone in custody

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