New Criminal Laws: A step towards a safer society
Introduction
On 25th December 2023, new criminal laws were passed in the parliament, leading to a broader change in India’s legal framework. It is part of the government’s efforts to give a new motive to the country’s criminal justice system. A committee headed by Ranbir Singh was constituted by the Ministry of Home Affairs in 2020 to review criminal laws. These laws aim to replace colonial-era statutes and give advancement to technological and social needs. New criminal laws replaced the decades-old criminal laws that the Indian Penal Code, 1860 replaced by Bharatiya Nyaya Sanhita,2023, Code of Criminal Procedure, 1973 replaced by Bharatiya Nagarik Suraksha Sanhita,2023 and the Indian Evidence Act, 1872 replaced by Bharatiya Sakshaya Adhiniyam,2023. All three new criminal laws are reformative and focus on establishing an ideal society rather than providing deterrent punishment. The new laws prioritize the constitutional value of justice, unity, and the individual's liberty. The new laws try to eliminate the maximum number of loopholes that were there in the old laws. New laws, update definitions, reorganize structure, minor theft(less than Rs 5,000), public intoxication, and defamation, and make a move towards reformative justice ahead. Community service is also introduced in the Indian legal system for the first time. New laws strengthen international cooperation on transnational crimes and incorporate human rights standards into criminal law practices.
Bharatiya Nyaya Sanhita
BNS 2023, has an organized structure and aimed a justice-oriented approach rather than providing penal punishment. BNS repeals several outdated laws and provisions. It focuses on redefining crimes and punishment and tries to provide faster resolution to cases with stronger action against crimes. The number of sections and parts is reduced to 358 from 511 and 22 from 23 respectively.
New offences:-
21 new offenses have been added. Some of them are as follows:-
Mob lynching- It is the act of a group of people killing someone without a legal trial. It is often done in public without any process. BNS codifies it as a serious offense and punishment for this offense extends from life imprisonment to the death penalty.
Terrorism- The BNS defines it as an act that threatens India’s unity, integrity, and security. Under BNS the punishment of terrorism extends from life imprisonment or death penalty and a fine of Rs. 10 lakh.
Snatching (Section 304), Cyberstalking (Section 143A), Identity theft (Section 145)
BNS repealed the offenses like adultery, unnatural sexual offenses (Section 377), and Thugs(Section 310). It omits sedition as an offense. It has gender neutrality promotes a reformative approach and introduces community service as a punishment for certain petty offenses. It also promotes the use of technology in investigation and trial including video conferencing and electronic evidence.
Bharatiya Nagarik Suraksha Sanhita
BNSS, 2023, brings changes in the procedural aspect of the legal system and provides stricter timelines so that justice should not be delayed. CrPC consists of 37 chapters and 484 sections but BNSS has 39 chapters and 531 sections. It emphasizes efficiency in criminal investigation and trials. This acts stricter timeline in different sections, for instance, section 258 of BNSS provides 30 days (extendable to 45 days) for pronouncing judgment from the completion of arguments.
Section 251(b) and Section 263: Provide 60 days from the first hearing on charge for framing of charges.
Section 184(6): Provide 7 days of examination for submission of medical report for rape victims.
Section 230; Provide 14 days of production or appearance for the supply of relevant of relevant documents to the victim.
The new criminal laws introduce tech to its domain and mention specific provisions for E-FIR and trial via audio-video conferencing. It also has a victim-centric approach. Under Section 193 the witness should be informed within 90 days after the FIR. Police protection for the witness is also provided in some cases under the witness protection scheme under Section 398 of BNSS, 2023. It removes the classification of metropolitan areas and metropolitan magistrates. It also enhances the power of police officers and makes rules related to police custody and powers of police officers. In this way, Sanhita tries to streamline the legal system and provide a safer environment.
Bharatiya Sakshya Adhiniyam
Indian Evidence Act, 1872 is replaced by Bharatiya Sakshya Adhiniyam,2023 because it was a decade-long-old act and needs to be updated. BSA,2023 consists of 170 sections divided into 12 chapters. New laws aim to modernize the law of evidence in India by making it more relevant and effective. They simplify the existing laws and make them easier to understand and apply. Outdated provisions are repealed like the presumption as to telegraphic messages (section 88), the power of jury or assessors to put questions (section 166), and proof of cession of territory (section 113). The BSA provides admissibility of electronic evidence, including WhatsApp messages, CCTV footage, and social media posts. It also deals with witness protection and confidentiality. BSA also added repeal and savings as its 170th section which states that the Indian Evidence Act, 1872 is hereby repealed. In this way, the act aligns Indian evidence law with modern legal standards. It promotes justice by ensuring that the guilty are punished and the innocents are protected.
Conclusion
Hence, it can be concluded that the new laws mark a transformative phase in India’s criminal justice system and focus on rehabilitation and technological adaption. They represent a progressive step toward a safer and more just society. These laws have a victim-centric approach and enhance accountability within the criminal justice system. These laws have the potential to transform India into a safer and more equitable society. They aim to modernize, simplify, and strengthen the justice delivery system, contributing to creating a safer society. These laws have a dynamic nature. It also includes modern offenses, which were not defined in past laws. Dormant provisions were also removed from new laws. In this way, the new laws focus on simplifying penal provisions and introducing straight measures to combat crimes. Their key features include stricter penalties for heinous crimes such as rape, mob lynching, and terrorism, decriminalization of outdated offenses, and the introduction of new ones for modern challenges like cybercrime and enhanced protection for women and children through specialized provisions.
Sara Tyagi
3rd year (6th sem)
Bhagat Phool Singh Mahila Vishwavidyalaya
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