The New Criminal Laws

Source: The Hindu 

Introduction  

The new criminal laws that replace the old ones are as follows: 

• Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) replaces Criminal Procedure Code, 1973 (CrPC). 
• Bhartiya Nyaya Sanhita, 2023 (BNS) replaces Indian Penal Code, 1860 (IPC). 
• Bhartiya Sakshya Adhiniyam, 2023 (BSA) replaces Indian Evidence Act, 1872 (IEA).  

What will happen from 1st July 2024? 

• From 1st July, 2024 more than 650 districts and 16,000 police stations will have to migrate to the new system. 
• Cognizable offences will be registered under Section 173 of the BNSS instead of Section 154 of CrPC. 
• The IPC and CrPC will run concurrently along with the new laws as many cases are pending under the old laws.  
• Also, crimes committed earlier than 1st July 2024 that are reported later will also be registered under the old laws.    

What Structural Changes have been made with regard to Filing of First Information Report (FIR)? 

• FIRs are filed through Crime and Criminal Tracking Network Systems (CCTNS) under the National Crime Records Bureau (NCRB). 
• A significant upgrade has been made to CCTNS which will help people to file e-FIR without visiting the police station and a zero FIR which can be filed irrespective of the jurisdiction of the crime location. 
• Also, changes have been made to CCTNS to register FIR in languages other than Hindi and English.   

What are the Provisions Regarding Electronic Evidence under the New Laws? 

• The BNSS mandates audio- video recording of search and seizure in each criminal case. 
• It also mandates forensic examination in all criminal cases where punishment is greater than 7 years.  
• The recordings will have to be submitted before the Court electronically without any delay. 
• Under Section 105 of BNSS the scope of audio-visual recording during search and seizure includes a process of preparing a list of seized items and the signature of witnesses. 
• The Home Ministry is testing e Sakshya a mobile based application to help police record scenes of crime, search and seizure in a criminal case and upload the file on the cloud based platform.  
• Officials have pointed out that the security of the cloud based system where the data will be stored is of prime importance.   

What are the Key Changes made by the BNSS? 

• The provision for zero FIR was introduced, i.e. FIR can be filed anywhere regardless of jurisdiction. 
• There is also provision for online registration of police complaints. 
• There is a provision for mandatory videography of crime scenes for all heinous crimes (Section 176 (3) of BNSS). 
• Judgment in criminal cases must be delivered within 45 days of the trial's completion (Section 258 of BNSS). 

Why are the Key Changes made by the BNS? 

• Section 69 of BNS provides for provision against false promise of marriage. 
• There are also provisions regarding gang rape of minors and mob lynching. 
• Death or life imprisonment in case of offence of rape against the minor. 
• ‘Sedition’ has been replaced with ‘secession’ or ‘act against the country’s sovereignty, unity and integrity.’ 
• The new law may soon include a section on sexual crimes against men and transgender persons. 
  • The police officers are being asked to invoke the provisions under BNS that relate to wrongful confinement and physical hurt till this anomaly is cured.   

Conclusion 

A Government official has said that there has been hand holding for all the States to help them adapt to the new system. The new BNS has 358 Sections as against 511 in the IPC. The Union Government officials have said that the States were free to bring in their own amendments to some provisions of BNSS.