Three New Criminal Laws of India, Effective from 1 July 2024

Bharatiya Nagarik Suraksha Sanhita

The Bharatiya Nagarik Suraksha Sanhita (BNSS) is the new legislation that will govern the procedure for administration of substantive criminal law in India. It was enacted on December 25, 2023 to replace the previous Criminal Procedure Code, 1973.

Key features of the BNSS:

• Consolidates the criminal procedure law by repealing and amending provisions of the previous code.
• Mandates forensic investigation for offences punishable with seven years of imprisonment or more.
• Allows trials, inquiries, and proceedings to be conducted in electronic mode.
• Permits trials and pronouncement of judgements in the absence of a proclaimed offender who has absconded to evade trial.
• Expands the collection of samples like fingerprints, voice samples, etc. even from those who have not been arrested.

The Bharatiya Nagarik Suraksha Sanhita will come into force on July 1, 2024. However, the legislation has faced some criticism, such as allowing up to 15 days of police custody that can limit bail, and retaining provisions related to maintenance of public order alongside trial procedure.

In summary, the Bharatiya Nagarik Suraksha Sanhita is the new criminal procedure code in India, enacted in 2023 to replace the previous Criminal Procedure Code with the aim of consolidating and strengthening criminal justice provisions. It will be implemented starting July 1, 2024.

Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita (BNS) is the new criminal code that replaces the Indian Penal Code (IPC) in India. It was enacted on December 25, 2023 and will come into force on July 1, 2024.

Here are some key points about the BNS:

• It consolidates and simplifies criminal law by repealing and amending provisions of the IPC.
• It retains most offences from the IPC but adds new ones like organized crime, terrorism, and murder by a group on certain grounds.
• Sedition is no longer an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity.
• It adds community service as a new form of punishment.
• The age of criminal responsibility is retained at 7 years, extending to 12 years depending on the accused's maturity.
• It expands the definition of mental illness to include drug and alcohol abuse, while excluding mental retardation.
• The definition of terrorism includes acts intending to intimidate public order, which may lead to local breaches of peace being considered terrorism.
• Several offences overlap with special laws, leading to multiple regulatory regimes and additional compliance costs.

In summary, the Bharatiya Nyaya Sanhita is the new criminal code in India, enacted in 2023 to replace the IPC with the aim of consolidating and modernizing criminal law provisions. It will come into effect on July 1, 2024.

Bharatiya Sakshya Adhiniyam

The Bharatiya Sakshya Adhiniyam, also known as the Indian Evidence Act, 2023, is a new legislation enacted by the Parliament of India on December 25, 2023 to replace the previous Indian Evidence Act, 1872. It consolidates and simplifies the law of evidence.

Key features of the BSA:

• Applies to judicial proceedings in any court, including courts-martial, but excludes affidavits and arbitration proceedings.
• Retains documentary and oral evidence types, expands scope of electronic records considered as documentary evidence.
• Provides special provisions for admissibility of electronic records as evidence.
• Printouts or copies of electronic records admissible as secondary evidence.
• BSA has 170 sections compared to 167 in previous Act, with 23 sections modified, 5 removed and 1 added.

In summary, the Bharatiya Sakshya Adhiniyam is the new law of evidence in India, enacted in 2023 to replace the previous Indian Evidence Act with the aim of consolidating and modernizing evidence rules, especially for electronic records. It will be implemented starting July 1, 2024.