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  • Category: Central Government

    New criminal laws are enforced with effect from 01.07.2024 in our country

    New criminal laws are enforced with effect from 01.07.2024 in our country. The new laws enacted are - Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These new rules will replace the old ones, that is, the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act.

    It is mentioned that the new system has many new features and stipulations which will benefit the people and result in speedy justice. Some of the new features are Zero FIR, online registration of Police complaints, electronic mode summons, mandatory videography of crime scenes, etc.

    It is also said that these new laws will protect the rights of victims and complainants. What are your observations and comments about these new laws? Please share.
  • #780647
    According to the information available, The Bharatiya Nyaya Sanhita focuses on substantive criminal law. The aim is to simplify and update the provisions keeping the present societal values and technological advancements in mind. The Bharatiya Nagarik Suraksha Sanhita focuses on procedural aspects, ensuring fast and efficiency. The Bharatiya Sakshya Adhiniyam allows digital and electronic records, as pieces of evidence for delivering justice.
    These reforms will have an impact to a large extent on various sectors, These new laws will be more transparent as new features like digitalisation of processes, videography in search and seizure, and forensic science integration are added to the system. Transparency, accountability, and efficiency within the criminal justice system may be enhanced with the introduction of these new laws. Anyhow, we have to wait and see, whether we can see some fast moment in pending cases now.

    drrao
    always confident

  • #780653
    Umesh Sir has raised a very relevant issue which needs to be discussed threadbare.

    Recently selected Government officers had to undergo online training courses on Bhartiya Nyay Sanhita (BNS), which has replaced 'anrezo-ka-jamane-ka' Indian Penal Code (IPC) on 1st July 2024. My Ministry nominated me along with some other officers. So, I attended the training and managed to pass (with difficulty).

    I don't know whether I could digest my training materials on BNS. But I am trying to write whatever I remember. FActual inaccuracy, if any, may kindly be condoned and corrected by the knowledgeable members.

    (a) BNS retains most offences from IPC.

    (b) BNS adds community service as a form of punishment.

    (c) Sedition is no longer an offence. Instead, there is a new offence for endangering the sovereignty, unity and integrity of India.

    (d) BNS adds terrorism as an offence. Very importantly (for students like me who have studied International Terrorism), terrorism is defined as an act that intends to threaten the unity, integrity, and security of the country, intimidate the general public or disturb public order.

    (e) Organised crime has been added as an offence in BNS. It includes crimes such as kidnapping, extortion and cyber-crime committed on behalf of a crime syndicate. Petty organized crime is also an offence now.

    (f) Murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal belief will be an offence with a penalty of seven years to life imprisonment or death.

    (g) IPC criminalized acts such as rape, voyeurism, stalking and insulting the modesty of a woman. BNS retains these provisions. It increases the threshold for the victim to be classified as a major, in the case of gang rape, from 16 to 18 years of age.

    (h) BNS also criminalizes sexual intercourse with a woman by deceitful means or by making false promises.

    (i) BNS has simplified legal language making it helpful for common people.

    (j) In BNS, provisions have been included to expedite legal proceedings, reducing delays in the judicial process. This includes setting specific timelines for various stages of trial and enhanced use of technology in courts.

    I will write further about BNS if some more points come to my mind.

    But we must remember one very important point. The term 'four-twenty' has become obsolete since yesterday (since 1st July 2024). There is no IPC; so, there is no Section 420.

    (a) Those who have forgotten Noakhali, how can they protest Sandeshkhali?
    (b) Have no fear of perfection - you'll never reach it. ---------- Salvador Dali

  • #780654
    Bharatiya Sakshya Adhiniyan (BSA) has now replaced the Indian Evidence Act, 1872 (IEA). BSA retains most provisions of the IEA including provisions on confessions, relevance of facts and burden of proof.

    IEA providds for two kinds of evidences, which were documentary and oral. Documentary evidence included primary (original documents) and secondary (which proved the contents of the original). BSA retains the distinction. It includes electronic records in the definition of documents.

    Under IEA, electronic records were categorized as secondary evidence. BSA classifies electronic records as primary evidence. It expands the scope by including information stored in semiconductor memory or any communication devices (smartphones, laptops, etc).

    Under IEA, secondary evidences were required under various conditions, e.g. when the original was in the possession of the person against whom the document was sought to be proved or which had been destroyed. BSA further stipulates that secondary evidence may be required if the genuineness of the document is in question.

    (a) Those who have forgotten Noakhali, how can they protest Sandeshkhali?
    (b) Have no fear of perfection - you'll never reach it. ---------- Salvador Dali

  • #780656
    As I understand there were many points which were not covered properly in the earlier laws and many criminals took advantage of that and got free with the help of the lawyers who knew those shortcoming in the earlier provisions.
    The new laws seems to cover all those gaps that helped the offenders to find a escape route. We hope that legal governance will improve after these laws are understood and adopted fully.
    Law is a complicated subject (I feel so) and even after modifications there will be some lose ends that criminals will like to exploit but law also needs modifications time to time to bring the offenders to books.
    It is surprising that we took such a long time in modifying these laws of British time in India.

    Thoughts exchanged is knowledge gained.

  • #780657
    Partha has explained these new provisions in a concise and clear way. As he is officially involved in the understanding of these new enactments, so we all enrich by his first hand experience.
    I am sure that these new laws have tried to remove many confusions, inconsistencies, and soft punishments for big offences, and in brief we can say that they will certainly help the police and authorities to do their work more precisely.

    Knowledge is power.


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