India has enacted three new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—replacing the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. These changes, effective from Monday, aim to modernize the criminal justice system and address contemporary needs. The first FIR under these new laws was registered at Delhi’s Kamla Market Police Station against a street vendor.
Background
- New Legislation: Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya Adhiniyam.
- Previous Laws Replaced: Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Indian Evidence Act.
- Purpose: Modernize the criminal justice system and remove outdated colonial-era laws.
Key Aspects
Bharatiya Nyaya Sanhita (BNS)
- Sections: 358 sections, down from 511 in the IPC.
- Introduction of New Crimes: 20 new offenses added.
- Enhanced Penalties:
- Longer imprisonment for 33 crimes.
- Increased fines in 83 crimes.
- Mandatory minimum punishments introduced in 23 crimes.
- Community Service: Penalty introduced for six offenses.
- Focus on Crimes Against Women and Children:
- New chapter dealing with sexual crimes.
- Stricter provisions for rape and gang rape, particularly involving minors.
- Definition and Punishment of Terrorism:
- Terrorism explicitly defined and punishable by death or life imprisonment.
- Criminalization of acts causing widespread damage to infrastructure.
- Zero FIR Policy: FIRs can be lodged regardless of crime location.
- Victim Rights: Ensured free copies of FIRs and updates on investigation progress within 90 days.
Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Sections: 531 sections, up from 484 in CrPC.
- Changes and Additions:
- 177 provisions modified.
- Nine new sections and 39 new sub-sections added.
- 44 new provisions and clarifications.
- Timelines incorporated into 35 sections.
- Audio-video documentation mandated in 35 instances.
- Repealed Sections: 14 sections removed.
Bharatiya Sakshya Adhiniyam (BSA)
- Sections: 170 provisions, increased from 167 in the Indian Evidence Act.
- Modifications and Additions:
- 24 provisions changed.
- Two new provisions and six new sub-provisions added.
- Repealed Sections: Six provisions deleted.
Current Scenario
- First FIR Under New Laws: Registered at Delhi’s Kamla Market Police Station against a street vendor for obstructing a footover bridge.
- Public Education Campaign: Informational posters about the new laws displayed at various police stations in Delhi.
The implementation of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam represents a significant overhaul of India’s criminal justice system. These laws aim to replace outdated colonial statutes, address modern criminal challenges, and prioritize the protection of women, children, and national security.
Source- India Today
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