3 New Criminal Law- Know Everything

The evolving legal landscape in India

India’s legal landscape has undergone a massive change with the introduction of the visionary laws by Union Home Minister Amit Shah. The meticulous process took four years to replace the archaic laws.

Information about new criminal laws

India has completely changed its criminal laws with three new ones, which came into effect on 1st July. The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC), the Bharatiya Nagrik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act. 

Overview of Criminal Law in India

The Indian Penal Code (IPC),1860, the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act (IEA), 1872 governed the Indian criminal justice system. While IPC AND IEA were enacted in the British Era, CrPC is over 50 years old.

Structure of the Indian legal system concerning criminal law

There are four pillars of India’s Criminal justice system which are - 

1. Police
2. Prison
3. Prosecution
4. Courts

The First New Criminal Law

Description and background of the law

The Indian Penal Code is replaced by the Bharatiya Nyaya (Second) Sanhita Bill, 2023. The IPC was framed in the British era and contained a list of various crimes and their punishments.

Objectives and purpose

The Bharatiya Nyaya (Second) Sanhita Bill, 2023, aims to modernize substantive criminal laws.

Key provisions and changes introduced

1. Sedition is no longer an offence, but another provision penalizing secessionism, separatism, rebellion, and acts against India's sovereignty, unity, and integrity has been added.
2. For the first time, community service has been introduced as one of the punishments.
3. Terrorism has been added as an offence.
4. Organized crimes have been added as an offence.
5. Murder by a group of more than five on grounds of specific identity markers, such as cast language of personal belief has been added as an offence.

Implications for citizens and law enforcement

The Bharatiya Nyaya (Second) Sanhita Bill, 2023, ensures that penalties are proportional to the gravity of the offence and offers alternative sentencing options like community service and rehabilitation programs. The act promotes rehabilitation and reintegration of offenders into society, promising a humane and rehabilitative justice system.

The Second New Criminal Law

Description and background of the law

The CrPC of 1973 will be replaced by the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The CRPC contains the procedure for investigation, arrest, court hearing, bail, and punishment in criminal cases.

Objectives and purpose

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 aims to overtake procedural aspects of criminal law.

Key provisions and changes introduced

1. The new law prescribes the timeline for various procedures—trial and judgment to be given within 30 days of completion of arguments.
2. Trials, enquiries, and proceedings can be held electronically.
3. The new law mandates video recording of the statements of sexual assault victims.
4. New provision for attachment of property and proceeds of crime. The act extends to immovable property as well.

Implications for citizens and law enforcement

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 promotes a victim-centric approach. It enhances protection for victims, ensuring timely compensation and support services.

The Third New Criminal Law

Description and background of the law

The Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya (Second) Bill of 2023. The IEA defined the particulars of evidence produced and admissible in the court.

Objectives and purpose

The Bharatiya Sakshya (Second) Bill, 2023 aims to reform evidentiary laws.

Key provisions and changes introduced

1. Unlike the previous act, the new act classifies electronic records as primary evidence.
2. It also includes digitalizing all records like case diary, FII, chargesheet, and judgment.

Implications for citizens and law enforcement

BSA aims to adapt technological advancements and fairness in procedures. It also aims to reduce procedural delays and enhance the efficiency of trials.

Comparative Analysis

Comparison of the three new laws

1. Comparison of Indian Penal Code (IPC) and The Bharatiya Nyaya Sanhita (BNS)

• A new offence has been added, which is mob lynching, which can be punishable with the death penalty.
• Sedition has been replaced with treason.
• The punishment for causing death in hit-and-run cases has been increased from 2 years to 5 years.
• Digital theft and identity theft have been added to the definition of theft.

2. Comparison of the Code of Criminal Procedure (CrPC) and Bharatiya Nagrik Suraksha Sanhita (BNSS) 

• The new court provides a timeline of 30 to 45 days to pronounce the verdict from the time of closure of arguments. There was no such provision in the CrPC.
• Community service has been introduced as a punishment to reduce the burden on the criminal justice system.

3. Comparison of the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam (BSA)

• Under the Indian Evidence Act, electronic records are categorized as secondary evidence, but the new act classifies them as primary evidence.

Overall impact on the criminal justice system

The previous laws catered to the needs of the colonial context, but the new laws are tailored to contemporary India and address modern-day crimes and social needs.

Legal and Social Implications

How the new laws affect various stakeholders (victims, accused, law enforcement)

The new laws will expedite the justice delivery process and save all the stakeholders' time during the lengthy litigation.

Potential challenges and criticisms

• Some believe that in some instances, the Bharatiya Nyaya (Second) Sanhita Bill, 2023, criminalizes consensual relationships.
• Critics also believe that the new criminal laws have given law enforcement agencies immense power without checks and balances, which can violate civil liberties.
• The mandate for Zero FIR is to prevent people from running from one place to another to register a complaint, but it can be misused.

Implementation and Enforcement

Steps taken by the government and judiciary to implement these laws.

Extensive training is being given to the judges to overcome the forthcoming challenges. The police and investigating authorities have also been trained for a smooth implementation. The government has also introduced three courses on the laws, which are available on the iGOT-KARMAYOGI BHARAT platform.

Challenges in enforcement 

There is confusion at every level, like the police, the legal fraternity, and even the judiciary, as the two systems will run parallel. All the cases registered before 30th June will be tried under the old law, and those after 30th June will be tried under the new laws.

Conclusion

India’s criminal justice system has remained unchanged for years, with laws belonging to the colonial era. The three new criminal laws, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, replaced the colonial laws. The new laws focus on punishing and providing speedy justice, thereby strengthening the judicial system.

FAQs (Frequently Asked Questions)

What are the key provisions of the new criminal laws in India?

Key provisions include- 

1. Community service is included as a form of punishment.
2. Introduction of a new offence for acts that threaten the sovereignty and integrity of India.
3. Promotion of use of technology for trials, appeals, recording of submissions and video conferencing.
4. The new act classifies electronic records as primary evidence.

How do the new criminal laws differ from previous laws?

The new criminal laws aim to deliver justice efficiently, speedily, and timely. They focus on delivering justice and not only on punishing the offenders.

What impact will these laws have on law enforcement practices?

Implementation is a significant concern as the government has implemented the laws without preparing and training the law enforcement machinery. The confusion among the police, legal fraternity, and judiciary is real, as the two systems will run concurrently. The judiciary already needs more infrastructure and will have to keep up with new demands.