Implementation of the New Criminal Law Regime

Context:

Three new criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) – came into effect across the country on July 1. They brought widespread changes in India’s criminal justice system and ended colonial-era laws – the Indian Penal Code (1860), Code of Criminal Procedure (1973) and the Indian Evidence Act (1872).

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Detailed Analysis of the Three New Criminal Codes: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)
2. Pros and Cons of the New Legislation
3. Government’s Steps for Enforcing the New Codes

Detailed Analysis of the Three New Criminal Codes: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)

Bharatiya Nyaya Sanhita (BNS)

• Introduction of Fresh Offences:
  • Clause 69:
    • Punishes sexual intercourse obtained through “deceitful means” with up to 10 years imprisonment and a fine.
    • Includes false promises of employment, promotion, inducement, or marriage after concealing identity.
    • Critics suggest this could criminalise consensual relationships and support the “love jihad” narrative.
  • Clause 103:
    • Identifies murder on the basis of race, caste, or community as a distinct offence.
    • Addresses lynching with legal recognition following a 2018 Supreme Court directive.
  • Organised Crime and Terrorism:
    • Section 111(1) is largely inspired by the Unlawful Activities Prevention Act (UAPA).
    • Includes kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic crimes, cyber-crimes, etc.
  • Clause 304(1):
    • Defines snatching as a new and distinct offence from theft.
  • Community Service as Punishment:
    • Introduced for minor theft, defamation, and suicide attempts to hinder a public official.
    • Not explicitly defined, left to the judge’s discretion.

Bharatiya Nagrik Suraksha Sanhita (BNSS)

• Increase in Police Custody Duration:
  • Extends detention from 15 days to up to 90 days.
• Focus on Victim Rights:
  • Requires victims to be heard before the withdrawal of cases with punishments of seven years or more.
• In Absentia Trials:
  • Permits trials and convictions without the accused present.
  • Criticised for potentially inadequate efforts to locate the accused.
• Abolition of Statutory Bail:
  • Removes automatic bail provisions if an accused faces multiple charges.

Bharatiya Sakshya Adhiniyam (BSA)

• Redefined “Document”:
  • Includes electronic and digital records as primary evidence.
  • Grants digital records the same legal status as physical documents.
• Broadened Scope of Secondary Evidence:
  • Adds oral admissions, written submissions, etc.
• Changes in Confessional Admissions:
  • Deems confessions by accused individuals irrelevant in criminal proceedings.

Pros and Cons of the New Legislation

Advantages:

• Minor Wife Sexual Intercourse:
  • Classified as rape.
• Recognition of Mob-Lynching:
  • Legislative acknowledgment of such hate crimes.
• Exclusion of Section 377:
  • Omits the controversial clause criminalising “carnal intercourse against the order of nature.”
• Promotion of Video-Trials:
  • Aims to expedite justice delivery through video-conferencing and defined trial timelines.

Concerns:

• Consultation and Passage Issues:
  • The consultation process during the pandemic and rapid passage through Parliament have raised concerns.
• Overhaul of Existing Laws:
  • Legal experts believe the new laws do not thoroughly reform existing ones.
• Broadened Sedition Definition:
  • The new laws introduce a wider definition of sedition.
• Gender-Specific Rape Laws:
  • No provisions for male victims of sexual assault.

Government’s Steps for Enforcing the New Codes

Training and Education:

• Bar Council of India requires new laws to be included in university courses from the 2024-25 academic year.

Awareness and Public Information:

• Bureau of Police Research and Development (BPR&D) coordinates a public awareness campaign with the Inter-Ministerial Group.

Technological Improvements:

• NCRB made 23 enhancements to the Crime and Criminal Tracking Network and Systems (CCTNS) for tech compatibility.
• NIC developed applications like eSakshya, NyayShruti, and eSummon for crime scene videography, judicial hearings, and court summons delivery.

Building Capacity:

• BPR&D created 13 training modules for police, prisons, prosecutors, judicial officers, forensic experts, and central police organisations.

-Source: Indian Express