Recently, three new criminal laws have come into force from July 1, 2024. The Indian Civil Protection Code i.e. BNSS will replace the 51-year-old CrPC. The Indian Penal Code will be replaced by the Indian Justice Act i.e. BNS, and the provisions of the Indian Evidence Act i.e. BSA will be applicable in place of the Indian Evidence Act.
Key features of the new criminal law
The main objective of the new criminal law
- These new laws aim to replace colonial-era punishments with a justice-centric approach. This includes integrating technological advances into police investigation and court procedures.
Various classifications included in the new crimes
The new laws include special provisions and enhanced penalties for the following crimes
- Terrorism.
- Mob lynching (killing of a person by an uncontrolled mob).
- Organized crime.
- Crimes against women and children.
Key steps taken for smooth implementation of new laws
With an aim to modernise the Indian justice system, the new criminal laws have introduced several important provisions, some of the key changes are as follows
- Indian Justice Code (BNS): Sedition has been abolished and terrorism is now clearly defined.
- Indian Civil Security Code (BNSS): The Code will also include a section to address gender crimes (sexual crimes against men and transgender persons).
- Autonomy to States: States have been given the freedom to amend certain provisions of the Indian Civil Security Code (BNSS) on their own.
- Interim measures: Until the amendments are proposed, police officers have been directed to use other relevant sections under the BNS if they receive complaints of physical harm and wrongful confinement.
- Important changes in IPC and CrPC: IPC and CrPC will continue to be implemented along with the new laws as many cases are still pending in the courts and some crimes committed before 1 July 2024, which are reported later, will have to be registered under IPC.
- CCTNS and Online FIR: First Information Report (FIR) can be filed online through Crime and Criminal Tracking Network System (CCTNS), allowing e-FIR and Zero FIR to be filed in multiple languages without the need to visit the police station.
- Training and support management: Training and support management has been done to help all the states of India adapt to the new system.
- E-Evidence Application Mobile App: Crime scene evidence can be recorded and uploaded through the e-Evidence Application mobile app developed by the Ministry of Home Affairs, while different states in India have developed their own systems based on their capabilities. For example, Delhi Police has developed the e-Pramaan application.
Indian Judicial Code (BNS)
- There are a total of 358 sections in BNS, which is lesser than the 511 sections of IPC.
- 21 new offences have been added to BNS.
- Imprisonment penalty has been increased in 41 offences and penalty amount has been increased in 82 offences.
- Minimum punishment has been provided in 25 offences.
- 19 sections have been deleted.
Indian Civil Defence Code (BNSS)
- There are a total of 531 sections in BNSS, in which 177 provisions have been amended.
- 14 sections have been abolished.
Indian Evidence Act (BSA)
- FIRs of criminal cases will be written under the Indian Evidence Act.
- Old cases will not be affected by the new laws.
- Under this law, there is a facility to register FIR online, so there will be no need to go to the police station.
- These three new laws bring significant changes in the judicial system of India as well as ensure quick and smooth judicial process of criminal cases.