Explainer: BNS, BNSS, BSA... 10 Key Points About New Criminal Laws in India

New Criminal Laws in India: As of July 1, 2024, India has undergone a major overhaul in its justice system. The colonial-era criminal laws have been replaced by three new laws: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). All cases filed before July 1 will continue under the old IPC, CrPC, and Indian Evidence Act. Here are 10 significant changes under the new laws.

What's Changed:

The Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act (IAC) from the British era have been replaced by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), respectively, effective July 1.

IPC vs. BNS:

The IPC had 511 sections, while the BNS has 358. The new code compacts several provisions of the IPC and introduces 21 new offenses. The BNS increases imprisonment terms for 41 crimes, raises fines for 82 offenses, and establishes minimum sentences for 25 crimes. Community service is mandated for six types of offenses, and 19 sections have been removed.

What Happens from July 1:

Starting July 1, 2024, all FIRs will be registered under the provisions of the BNS. Cases filed before this date under IPC, CrPC, or the Evidence Act will continue as per the old laws. The new criminal laws will not affect previous cases.

Where to File FIR:

Under the new laws, complaints can be filed from anywhere. Online FIR registration is now possible, eliminating the need to visit a police station. The introduction of Zero FIR allows FIRs to be filed at any police station, regardless of jurisdiction.

Provisions for Women:

Female police officers must record statements from rape victims, with a guardian or relative present. Medical reports must be completed within seven days, and investigations into crimes against women and children should be concluded within two months. Victims will receive updates on their cases within 90 days. Crimes like buying or selling a child are considered heinous, with severe penalties, including death or life imprisonment for gang rape of minors. Punishments are also established for misleading women with false promises of marriage.

Other Changes:

Arrested individuals can notify anyone for help. Arrest information must be prominently displayed at police stations and district headquarters. In serious crimes, a forensic team visit is mandatory. Trials must conclude within 45 days, and charges must be framed within 60 days of the first hearing. States must implement witness protection plans to ensure the safety and cooperation of witnesses.

Litigation Changes:

Both the accused and victims have the right to obtain copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. To prevent unnecessary delays, courts are permitted a maximum of two adjournments.

CrPC vs. BNSS:

The CrPC had 484 sections, while the BNSS includes 531. Changes have been made to 177 sections of the CrPC to incorporate them into the BNSS, along with the addition of 9 sections and 39 sub-sections. Fourteen sections of the CrPC have been excluded from the judicial process.

Indian Evidence Act vs. Bharatiya Sakshya Adhiniyam:

The BSA replaces the Evidence Act, with 24 sections modified to fit the BSA's 170 total sections. Two sub-sections have been added, and six have been removed.

Why the Changes:

The BNS, BNSS, and BSA are being implemented six months after enactment. The Modi government explained the intent behind these new laws during its previous term. The focus is on replacing "danda" (stick) with "data" in policing. Union Home Minister Amit Shah stated in Parliament that the new laws aim to deliver justice rather than merely punishment, protecting the rights of both victims and the accused.