Yesterday, India’s 3 new criminal laws came into operation. These laws were passed by parliament in August 2023, and I had written my blog on 14th August 2023 on this subject. The three new laws which came into force from 1st July. The Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS) will replace the Criminal Procedure Code (CrPC), the Bhartiya Nyaya Sanhita (BNS) will replace the Indian Penal code (IPC), and the Bhartiya Sakshya Adhiniyam (BSA) will replace the Indian Evidence Act (IEA). These three new laws focus on justice rather than punishment and are aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasizing “ access to justice for all”.
The BNS has 358 sections, compared to the 511 in the IPC. For instance, Section 420, which defined cheating, led to the number ‘420’ becoming catchall and commonly used term for such crimes, it is now listed as Section 318 in the BNS.
Here is the list of some major criminal charges and how they are numbered now in the BNS:
1 Punishment for murder– Previously section 302 in the IPC, the offence is now covered under Section103 of the BNS. This Section introduces a landmark within the BNS, categorizing murder on grounds of race, caste, or community as a distinct offence
2 Attempt to murder– Previously Section 307 in the IPC, the offence is now covered under Section 109 of the BNS.
3 Rape– Previously covered under Section 375 in the IPC, now it is under Section 63 of the BNS.
4 Gang rape– Previously Section 376D in the IPC, the offence is now covered under Section 70(1) of the BNS.
5 Cruelty against a married woman– Previous Section 498A was applied for this offence, now it is covered under Section 85 of the BNS.
6 Dowry Death– Previously Section 304B of the IPC, the offence is now covered under Section 80 of the BNS.
7 Sexual harassment– Earlier Section 354A of the IPC was applied, now it is under Section 75 of the BNS.
8 Outraging the modesty of a woman– Previously section 354 in the IPC, now it is Section 74 of the BNS.
9 Criminal intimidation– Earlier covered under Section 503 of the IPC, now it is under Section 351 of the BNS.
10 Defamation– Previous under Section 499 of the IPC, now Section 356 of the BNS.
11 Cheating– Earlier Section 420 of the IPC was applied, now it will be Section 318 of the BNS.
12 Criminal Conspiracy– Previously under Section 120 A of the IPC, now it is under Section 61 of the BNS.
13 Sedition– Earlier covered under Section 124 of the IPC, now covered under Section 152 of the BNS.
14 Promoting enmity between different groups– Previously under Section 153A of the IPC, now it is under Section 196 of the BNS.
15 Imputations, assertions prejudicial to national integration– Earlier Section 153B of the IPC was applied, now under Section 197 of the BNS.
16 Statements conducing to public mischief– Previously under Section 153B of the IPC, now under Section 197 of the BNS.
17 Public nuisance– earlier Section 268 of the IPC was applied, now it is Section 270 of the BNS.
18 Check and balance on the police powers– In order to prevent the misuse of provisions related to arrest by police, the BNSS has introduced additional obligation on the state government to designate a police officer who would be responsible for maintaining information on all arrests and who arrested them. The clause requires such information to be displayed prominently in every police station and the district headquarter.
19 Fighting crime against women– The BNS introduces a transformative approach to reporting crime against women through electronic First Information Reports (E-FIRs). This helps in fast reporting of the offences that need immediate attention. The digital platform allows swift reporting, overcoming traditional barriers and reflects the essence of established legal principles emphasizing timely reporting.
The electronic platform offers a discrete way for survivors to report offences. The historical under-reporting of such crimes due to societal pressure id addressed, reasoning with the broader societal narrative advocating survivor- centric and empathetic legal system. Public awareness campaigns can bridge the gap between technological innovations and societal understanding.
20 Reducing overcrowding in prisons– The maximum period of detention for undertrials has been reduced for the first-time offenders under certain circumstances, and the jail superintendent has been legally empowered to help the accused or the undertrials in applying for bail. A first time offender (never convicted of any offence in the past) will be released on bail if the person has undergone a third of maximum sentence prescribed for the said crime.
21 Technology– The BNSS has introduced the use of technology at all stages, from crime scene visit to investigation to trial. It is a game-changer as it will ensure faster trial and ensure transparency in investigation. The inclusion og technology and forensics in investigation is a significant move geared towards modernizing the criminal justice system and harnessing the strength of modern scientific technologies. Considering the risk manipulations of evidence, the mandatory inclusion ofaudio-video recording in search and seizure proceedings is an important inclusion in the BNSS. The scope of audio-video recording during search and seizure includes thee process of preparing a list of seized items and the signature of witnesses. Transparency in search and seizure proceedings is likely to deter against fabrication of evidence and ensure the presence of independent witnesses in these proceedings.
22 Criminalisation of sexual intercourse under deceitful means– According to the Section 69 of BNS, individuals who engage in sexual relations by deceit, such as false promises of employment or marriage without intention to fulfill them, could face imprisonment of up to 10 years, accompanied by fines.
The BNS has addressed several emerging forms of crimes that were inadequately covered under IPC. Cybercrime, for instance, has received significant attention. New sections have been dedicated to offences such as hacking, identity theft, and online harassment. Given the rapid increase in digital transactions and internet usage, these provisions are crucial for protecting individuals and businesses from cyber threats. The BNS has also included financial crimes, the new code includes stringent measures against financial frauds like Ponzi schemes, insider trading and large-scale financial scams. Environmental crimes are another new inclusions. The code introduces penalties for activities that cause significant harm to the environment, such as illegal mining, deforestation and pollution.
The above mentioned are the key changes in the new criminal laws which came into force as of 1st July 2024.
Waiting for your feedback on this blog.
Anil Malik
Mumbai, India
2nd July 2024.