The three new criminal laws, namely the Bharatiya Nyaya Sanhita (BNS) 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023, will come into effect from 1 July 2024. The three new laws will replace the existing Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.
According to Uniel Kichu, IPS, Deputy Inspector General (DIG) Range, Kohima, the three new laws will make the criminal justice system more organized and citizen-centric.
The criminal justice system in India was based on the Indian Penal Code (IPC) 1860, Criminal Procedure Code 1973, and Indian Evidence Act 1872, said Kichu, adding more than 150 years have passed since these Acts were passed and there have been several major amendments. Law Commissions, Court judgments, and Committees have researched these Codes so amending these laws or bringing in new laws has been on the cards for some decades, he said.
He said amending these laws or bringing in new laws has been on the cards for some decades and in December 2023 the Parliament passed these three new laws to make the criminal justice system more organized and citizen-centric.
What’s different in the three new criminal laws?
According to Kichu, Bharatiya Nyay Sanhita (BNS) which repeals and replaces the IPC 1860, has mentioned more severe punishment for crimes against women and children, indicating the government’s commitment to the safety of women and children.
He said it eliminates the age-based distinction for punishment in gang rape cases of a minor girl. The law mandates life imprisonment or the death penalty for the crime of gang rape of a woman below 18 years of age.
As for Bharatiya Nagarik Surksha Sanhita (BNSS), Kichu said, it is a pro-citizen procedure based on the safety and security of the people. BNSS 2023 replaces the Code of Criminal Procedure 1898. This CrPC provides for the procedure for Arrest, Prosecution, and bail. BNSS law mandates forensic investigation for offenses punishable with seven years of imprisonment or more.
According to Kichu, another new concept of the law is the e-FIR, where citizens can file FIR online at any police station in the country.
As for Bharatiya Sakshya Adhiniyam (BSA 2023), Kichu said, it replaces the Indian Evidence Act of 1872 (IEA) and has introduced the concept of electronic and digital evidence, records, and statements paving ways for police to carry their investigation in much authenticate manner. It acknowledges the legal validity of electronic or digital records, equating them with traditional paper records in terms of admissibility and enforceability.
Terming it as a revolutionary change, Kichu said, we should always be ready to embrace positive change, adapt, and improve to meet challenges to bring justice to victims.
The three new criminal laws were passed in the parliament with the assent of the President of India on 25 December and will come into force from 1st July 2024. This was said during a one-day media workshop, ‘Vartalap’ organized by the Press Information Bureau (PIB), Kohima, Ministry of Information and Broadcasting.
Addressing the Vartalap, Editor of NEPS News, Oken Jeet Sandham, speaking at the workshop as the Special Guest said that the Three New Criminal Laws are almost similar to the old ones as 70% to 80% of the laws are intact.
Sandham said, although sedition in the new criminal law has been deleted, treason has been added. Sandham hoped that there would be amendments to the new criminal laws in the future, as they should go with the spirit of democratic principles as enshrined in the Constitution of India.
In Nagaland’s context, Sandham said the interpretation of the laws, particularly the criminal laws, had become complicated because of Article 371A of the Constitution.