The New Era of Criminal Law in India: Analysing the Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniya

By Sandigdha Mishra, Adv.

advocate.sandigdhamishra@gmail.com

On July 1, 2024, India witnessed a significant transformation in its criminal justice system with the introduction of three new laws: the Bhartiya Nyaya Sanhita (BNS), replacing the Indian Penal Code (IPC); the Bhartiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure (CrPC); and the Bhartiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act. These reforms aim to modernize, streamline, and strengthen the legal framework to ensure more efficient, fair, and transparent delivery of justice.

Bhartiya Nyaya Sanhita (BNS)

The Bhartiya Nyaya Sanhita marks a significant shift from the colonial-era Indian Penal Code, which had been in place since 1860. The BNS aims to address contemporary issues and incorporate provisions that reflect the changing dynamics of Indian society.

Major Changes:

Modernization of Offenses: The BNS introduces new categories of crimes that were either inadequately addressed or absent in the IPC. Cybercrimes, environmental offenses, and crimes against women and children are given more comprehensive coverage.

Simplification of Language: One of the major criticisms of the IPC was its archaic language, which often made it difficult for the layperson to understand. The BNS adopts a more straightforward and accessible language.

Proportionality in Punishment: The BNS emphasizes proportional punishment, aiming to ensure that penalties are commensurate with the severity of the offense. This approach seeks to reduce the arbitrariness in sentencing and promote fairness.

Victim-Centric Approach: The new law places greater emphasis on the rights and protection of victims. This includes enhanced provisions for victim compensation and mechanisms to ensure their active participation in the criminal justice process.

Impact and Implications

The BNS is expected to make the criminal justice system more responsive to contemporary challenges. By addressing new types of crimes and focusing on victim rights, the law aims to create a more balanced and equitable system. However, the implementation of these changes will require significant training and adaptation for law enforcement agencies and the judiciary.

Bhartiya Nagarik Suraksha Sanhita (BNSS)

Replacing the Code of Criminal Procedure, the Bhartiya Nagarik Suraksha Sanhita focuses on streamlining and expediting the procedural aspects of criminal law. The goal is to reduce delays, enhance transparency, and make the process more victim-friendly.

Major Changes:

Speedy Trials: The BNSS introduces strict timelines for the completion of various stages of a criminal trial. This aims to reduce the backlog of cases and ensure timely justice.

Use of Technology: Embracing technological advancements, the BNSS mandates the use of digital tools for the recording of evidence, filing of documents, and other procedural requirements. This is expected to enhance efficiency and reduce the scope for procedural errors and manipulation.

Strengthening Investigation Procedures: The new law includes provisions to strengthen the investigation process. This includes mandatory training for police officers and the establishment of specialized units to handle complex and sensitive cases.

Victim and Witness Protection: Recognizing the importance of safeguarding victims and witnesses, the BNSS introduces robust protection mechanisms. This includes anonymity provisions and secure facilities for vulnerable witnesses.

Impact and Implications:

The BNSS aims to overhaul the procedural inefficiencies that have plagued the Indian criminal justice system. By introducing measures for speedy trials and leveraging technology, the law seeks to make the justice delivery process more efficient and transparent. However, the successful implementation of these provisions will depend on the readiness of the legal infrastructure and the willingness of stakeholders to embrace these changes.

Bhartiya Sakshya Adhiniyam (BSA)

The Bhartiya Sakshya Adhiniyam replaces the Indian Evidence Act and aims to modernize the rules of evidence to better align with contemporary judicial needs and technological advancements.

Major Changes:

Admissibility of Digital Evidence: The BSA provides clear guidelines on the admissibility of digital and electronic evidence. This is crucial in an era where digital footprints are increasingly important in criminal investigations.

Witness Testimonies: The new law includes provisions for the protection of witnesses, including the use of video conferencing and other secure means to record testimonies. This is aimed at reducing intimidation and ensuring the safety of witnesses.

Scientific Evidence: The BSA emphasizes the importance of scientific evidence in criminal trials. This includes DNA evidence, forensic analysis, and other scientific methods that can enhance the accuracy and reliability of evidence.

Simplification of Rules: The BSA seeks to simplify the complex rules of evidence that often result in procedural delays and complications. The focus is on ensuring that evidence is judged on its merit and relevance rather than on technicalities.

Impact and Implications:

The BSA represents a significant step towards modernizing the evidentiary rules in India. By recognizing the importance of digital and scientific evidence, the law aligns itself with global standards. The simplification of rules is expected to reduce procedural delays and ensure that justice is based on the merits of the case.

Key features of the New Criminal Laws:

The new laws aim to replace colonial-era punishments with a justice-focused approach, integrating technological advancements in police investigations and court procedures.

New Offences: New offences include terrorism, mob lynching, organized crime, and enhanced punishments for crimes against women and children.

Steps for Smooth Transition:

• States are free to bring in their own amendments to some provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS).
• The Bharatiya Nyaya Sanhita (BNS) may also be amended soon to incorporate a section on sexual crimes against men and transgender persons. 
• For the time being police officers are being asked to invoke other allied sections under the BNS, such as wrongful confinement and physical hurt, if they get such complaints until an amendment is brought to correct this anomaly.
• The IPC and CrPC will run concurrently along with the new laws as several cases are still pending in courts and some crimes that took place before 1st July 2024  that are reported later will have to be registered under the IPC.
• First information reports (FIRs) can now be filed online through the Crime and Criminal Tracking Network Systems (CCTNS), allowing e-FIRs and zero FIRs in multiple languages without needing to visit a police station.
• Training and hand-holding have been done for all States to help them adapt to the new system.
• While the Home Ministry is testing eSakshya, a mobile app for police to record and upload crime scene evidence, various states have developed their own systems based on their capabilities.

            For example, the Delhi Police have developed an e-pramaan application.

Important Aspects To Note:

• Introduces community service as punishment for petty offences.
• A terrorist act defined as one intending or likely to threaten India's unity, integrity, sovereignty, security, or economic security, or acts intended or likely to strike terror among the people.
• Mob lynching now punishable by death or life imprisonment if committed by five or more on grounds such as race, caste, community, sex, place of birth, language, personal belief.
• There will be trial in absentia of fugitive criminals.
• Summary trials now cover cases where the punishment is up to 3 years, aiming to resolve more than 40% of cases in sessions courts.
• Videography compulsory during search and seizure. No charge sheet valid without such recording.
• A first-time offender who has served a third of the jail term will be released on bail by the court.
• Forensic experts should be used in every case where the punishment includes seven or more years in jail.

Conclusion:

The introduction of the Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam marks a transformative shift in the Indian criminal justice system. These laws aim to address the shortcomings of their predecessors and create a more efficient, fair, and modern legal framework.

While the potential benefits of these reforms are significant, their success will depend on effective implementation. This will require extensive training for law enforcement and judicial officers, investment in technological infrastructure, and a commitment to upholding the principles of justice and fairness.

As India embarks on this new legal journey, it is crucial to monitor the impact of these changes and continuously refine the laws to meet the evolving needs of society. The true test of these reforms will lie in their ability to deliver timely and just outcomes for all citizens.

Thank you!