3 New criminal laws are being implemented in India from midnight as soon as July 1st started. 3 new criminal laws are Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Sakshya Adhiniyam (BSA) 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Thus it is the end of the rules made in the British era named the Indian Penal Code.
3 New criminal laws for crime and justice came into force in the country after midnight on Sunday i.e. from the 1st of July 2024. Now FIRs of criminal incidents will be registered as per the new law and the cases will also be conducted based on the new law. Difficulties will increase for serious criminals. It will not be easy for them to influence the case by threatening or luring the victim and witnesses or to reach an out-of-court settlement. Furthermore, there will be video recordings at every step of the police investigation. Moreover, there will be an obligation to submit strong scientific evidence, which cannot be refuted in court.
Preparation to implement 3 new criminal laws
The Central Government has made extensive preparations for implementing the 3 new criminal laws by holding meetings with various Central Ministries, State/UT Chief Secretaries and Police Chiefs. The concerned officers have been given training. Moreover, measures have been taken to develop technology and adapt it to judicial officers. Many further programs are also proposed. Let’s take a look at the government’s preparations.
Academic preparation for 3 new criminal laws
- The Bar Council of India has directed to include the new laws in the curriculum of universities and legal education centres from the 2024-25 academic year. A module will also be made for school education.
- Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussoorie has trained IAS/IPS/Judicial officers and officers of the Crime Records Bureau, Forensic Laboratories etc.
- Ministries of Women and Child Development, Rural Development and Panchayati Raj organized webinars on the new laws for grassroots-level workers. About 90 lakh people participated in it.
Technical preparation
- National Crime Records Bureau has made 23 improvements in the Crime and Criminal Tracking Network and System (CCTNAS) application to facilitate technical compatibility. This also includes filing an FIR.
- Technical assistance is being provided to States/UTs and support teams and call centers are being set up for review and assistance. On March 14, a mobile web application, Compendium of NCRB Criminal Laws, was launched.
- National Informatics Center has developed applications such as e-Sakshya, Nyayashruti and e-Summon to facilitate videography/photography of crime scenes, judicial hearings and delivery of court summons electronically.
Police training
The Bureau of Police Research and Development has developed 13 training modules. These modules are for capacity building of police, prisons, prosecutors, judicial officers, forensic experts and central police organizations.
Legal matters
- The Department of Legal Affairs has organized five conferences with representatives from different sectors. These included judges of the Supreme Court and High Courts, senior police personnel and domain experts.
- Comprehensive guidance will also be provided to civil service officers on the IGOT karmayogi online platform. A curated program has also been introduced on this.
Convenience of Online Summons-Testimony by 3 new criminal laws
- In the new law, maximum facilities have been given to witnesses and plaintiffs. If the witness is not able to get the information, then the summons and warrant received on WhatsApp will also be considered as information.
- If the witness is unable to come due to some reason, he can give his testimony online from the video conferencing centre of the court of the district in which he is present.
- It will be difficult to reach a compromise by threatening witnesses.
Trial of a new case under the new laws
The cases registered according to the new law will also be tried under the new law. The cases which are filed under the old law before midnight on 30th June trial will be conducted according to the old law only.
Main changes
1 Indian Penal Code (IPC) will now be the Bharatiya Nyaya Sanhita (BNS). There were 511 sections in IPC but now there are 358 sections in the Bharatiya Nyaya Sanhita. The order of the streams has also been changed.
2 CRPC (Criminal Procedure Code) will now be called the Bharatiya Nagarik Suraksha Sanhita (BNSS). There were 484 sections in CrPC. Now there are 531 sections in the new law.
3 The Indian Evidence Act of 1872 will now be known as the Bharatiya Sakshya Adhiniyam (BSA), 2023. There were 167 provisions in the old law. Now there are 170 in the new one. The importance of digital evidence has been increased.
4 In case of rape, death or disability of the victim, the accused will get capital punishment.
5 Life imprisonment or death penalty for a second murder to a person previously convicted of murder.
6 Only the woman magistrate will record the statement of the rape-molestation victim.
7 In the absence of a female magistrate, the presence of a female employee is necessary.
8 A case of any incident can be registered in any police station.
9 Report will have to be filed on the petition sent online or on WhatsApp.
10 Investigations into crimes against women and children will have to be completed within two months. Also now the facility to take PCR within 40 days of going to jail has been fixed.
