Understanding the Latest Changes in New Criminal Laws

Undeniably, let's delve into why there was a necessity to substitute the antiquated criminal laws:

1. The prevailing laws, remnants of the colonial era, were mere replicas of British criminal jurisprudence, designed not to serve justice but to subjugate and oppress Indians.

2. Many sections of these laws had become obsolete in our contemporary society, which has evolved significantly in all spheres.

3. One of the primary imperatives for enacting these three new acts is to enhance the efficiency of the criminal justice system.

In the upcoming enactment of Bhartiya Nyaya Sanhita, which will supplant the archaic Indian Penal Code from the 1st of July this year, numerous alterations have been made, including the addition of 8 new sections and the repealment of 22 sections.

The notable modifications in the new Bhartiya Nyaya Sanhita are as follows:

Section 69 of BNS prohibits engaging in sexual intercourse through deceitful means, such as deceptive commitments regarding job advancement, inducement, or marriage, while concealing one's identity.

Section 109 of BNS identifies organized crime as an offense and stipulates its penalty, encompassing activities like kidnapping, extortion, and contract killings conducted as part of a criminal syndicate.

Section 111 penalizes terrorism involving acts intended or likely to jeopardize India's unity, integrity, sovereignty, security, or economy, or to instill terror domestically or abroad.

Section 195 of BNS prescribes penalties for disseminating false information, whether through spoken words, signs, writing, representation, or electronic means.

Section 226 of BNS stipulates penalties for attempted suicide with the intent to restrain the exercise of lawful power.

Section 101 of BNS broadens the grounds for murder, penalizing individuals acting together based on race, caste, sex, or place of birth.

Section 302 of BNS identifies snatching as an offense and specifies its penalty. Additionally, a provision for the death penalty for crimes against women under the age of 18 has been introduced in the new law.

The significant amendments in the Bhartiya Nyaya Suraksha Sanhita, which will replace the old Criminal Procedure Code of 1973, are:

Under section 176 of BNSS, forensic investigation is mandated for crimes punishable by imprisonment for seven years or more. Appointed forensic experts will visit, gather evidence, and document the process.

Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of the BNSS act.

If a proclaimed offender evades trial by absconding, judgment can be pronounced in their absence under section 356 of the BNSS Act.

The BNSS act eliminates the provision allowing cities with over a million people to have a metropolitan Magistrate.

The new act also alters the procedure of police custody within the initial 40 or 60 days, which may result in the denial of bail if necessary.

It allows a successor officer, including public servants, medical officers, and investigating officers, to testify if the original officer is unavailable due to reasons like death, transfer, or retirement, to expedite case proceedings.

The BNSS act extends the power of property attachment to immovable properties as well.

Section 193 of the BNSS (corresponding to Section 173 of the CrPC) now obligates the Police to inform the victim or informant of the progress of the investigation, including through electronic communication, within 90 days. Furthermore, the BNSS permits further investigation after the chargesheet has been submitted to the Magistrate but mandates that such further investigation be completed within 90 days, extendable with the permission of the Court.

A significant change in the new law is the addition of a proviso to Section 190(1) of BNSS, corresponding to Section 170(1) of CrPC. Now, after completing the investigation but before submitting the police report, the police are not required to arrest an accused simply to secure their appearance before a judicial magistrate.

Section 173(3) of the BNSS now codifies the concept of a ‘preliminary enquiry’ before the registration of an FIR – to establish the existence of a prima facie case relating to the commission of cognizable cases punishable with more than three and less than seven years of imprisonment, with a fixed timeline of 14 days for completion.

The quintessential changes in the Bhartiya Sakshya Adhiniyam act, which will replace The Evidence Act, are:

The BS act expands the concept of joint trial under section 24, treating cases involving multiple people where the accused flees or fails to respond to an arrest warrant as joint trials.

The BS act expands the list of secondary documents under section 58, including oral and written admissions, and the testimony of a person skilled in document examination.

The BS act allows electronic presentation of oral evidence, facilitating remote testimony and ensuring that electronic records hold the same legal weight as paper records.