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THE NOVELTY OF THE CRIMINAL LAWS – AN OVERVIEW
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THE NOVELTY OF THE CRIMINAL LAWS –
AN OVERVIEW
AUTHORED BY - NISHA KANDARI
The newly
passed criminal law code has made some significant changes that cannot be overlooked.
Finally, terrorism, corruption, and organized crime are now being brought under
the purview of ordinary criminal law. The three criminal laws implemented from the
British Era are finally replaced, as the Indian penal code, 1860 is swapped by Bhartiya
Nyaya Sanhita Act (BNSS), 2023, Indian Evidence Act, 1872 is replaced by Bhartiya
Sakshya Adhiniyam (BSS), 2023 and Bhartiya Nagrik Suraksha Sanhita (BNSSS),
2023 got the place of Code of Criminal Procedure, 1973. Let’s enlighten
ourselves by briefly digging into the key concepts of the freshly made laws and
know its wide scope.
·
Bhartiya Nyaya
Sanhita Act (BNSS), 2023
1.
The Indian Penal Code has been simplified to 358
sections from 511, making it easier to understand and navigate. The new code
includes "community service" as a form of punishment for minor offences.
2.
The latest update to the code now includes an expanded
definition of male pronouns that encompasses men, women, and those who identify
as transgender, as outlined by the Transgender Persons (Protection of Rights) Act
of 2019.
3.
Additionally, the term "mental illness," as
defined by the Mental Healthcare Act of 2017, is now used instead of outdated
terms such as "insanity" or "unsoundness of mind."
4.
Some new provisions and offences are introduced which specifically
relate to offences against Women and Children as opposed to IPC in which these offences
are given place with offences affecting Human Body.
5.
A new offence has been introduced in Section 69 of the
BNS, 2023, which makes it illegal to engage in sexual intercourse based on deceitful
promises of marriage, employment, promotion, or by concealing one's identity.
This is a step in the right direction towards protecting individuals from exploitation
and ensuring that consent is given freely and without coercion.
6.
Hiring of children below the 18 years of age is
categorized as a punishable offence.
7.
The definition of a document has expanded to include
electronic and digital records which is legally binding.
8.
It is interesting to note that the BNS, 2023 has
brought together all three incomplete category offences - Attempt, Abetment and
Conspiracy - under one Chapter- IV. Previously, these offences were part of
different Chapters, which made it difficult to understand and apply the provisions
effectively.
9.
Introduction to novel Offences like organised crime,
terrorist act, petty organised crime, hit and run, mob lynching, hiring a child
to commit an offence, snatching, abetment outside India, acts endangering the
sovereignty, integrity and unity of India and also among others, publication of
false or fake news has also come into the light of new Nyaya Sanhita Act, 2023.
10. Obliteration
of Attempts to commit suicide has also been a major attraction of the BNS Act.
·
Bhartiya Nagrik
Suraksha Sanhita (BNSSS), 2023
1.
The range of offences included in the proclaimed Offender
category has been increased. Previously, only 19 offences were included under the
purview of this declaration. However, it did not include serious offences like
rape cases. But now, the scope has been broadened to include all offences that
carry a punishment of 10 years or more. This is definitely a significant step
towards ensuring that those who commit such heinous crimes are brought to justice
and face the consequences of their actions.
2.
Prior approval from senior police officers before
arresting individuals for offences carrying a punishment of less than three years
is brought in picture which is an essential measure to uphold fairness and justice
in law enforcement.
3.
During the first 40/60 days of detention, the court
may allow up to 15 days of police custody. However, this should not be a reason
for refusing bail if the conditions for bail are otherwise met.
4.
The Bhartiya Sakshya Adhiniyam (BSS), 2023 introduces the
concept of in-absentia trial, which allows the trial to proceed even if the accused
is not present in the court. This is a significant step towards ensuring that justice
is not delayed due to the absence of the accused.
5.
Electronic FIR has been introduced, and it's a
significant step towards simplifying and streamlining the process of filing an FIR.
This new system will make it easier for people to report crimes and provide the
necessary information to law enforcement agencies.
6.
If someone is accused of committing an offence that is
punishable by imprisonment for a term of three years to less than seven years, a
preliminary inquiry may be introduced. During this inquiry, the court will
determine if there is enough evidence to proceed with a trial. The accused may
also be released on bail during this time, depending on the circumstances of
the case.
7.
The BNSS, 2023 has simplified the meaning of bail and
the conditions under which it can be granted. It has also made it easier for those
who are eligible for bail to access it, ensuring that they are not unjustly
detained for extended periods without trial.
8.
Bhartiya Nyaya Sanhita Act (BNSS), 2023, has
provisions for plea bargaining which allows for first-time offenders to receive
a less severe punishment. Under this provision, if the accused pleads guilty to
the crime, they may be given a reduced sentence of one-fourth or one-sixth of
the original punishment, depending on the severity of the offence.
9.
An important development in terms of victim rights and
police transparency is seen as the definition of 'victim' is being expanded to
better reflect the experiences of those impacted by crime and it is mandated that
the police officials will keep victims informed about the progress of an
investigation that can help build trust in the criminal justice system and ensure
that justice is served.
10. The number
of adjournments has also been brought to a limit of two which is a necessary step
towards a more efficient legal process.
·
Bhartiya Sakshya
Adhiniyam (BSS), 2023
1.
The Bill explicitly expands the definition of evidence
to include any statement or information given electronically. This provision allows
witnesses, accused individuals, experts, and victims to appear before the Court
through electronic means for the recording of their evidence. This amendment will
have significant implications for the legal system and represents a clear recognition
of the role technology plays in modern legal proceedings.
2.
The bill proposes to widen the range of evidence that can
be presented in court when the original primary evidence is not available or
cannot be produced. Three types of secondary evidence are mainly introduced,
·
Oral Admissions: Statements made by a party involved in
the case, spoken in court
·
Written Admissions: Documents or written statements that
acknowledge certain facts.
·
Evidence of a Person Examining the Document: Testimony
from a person who has examined the document in question.
3.
BSS has allowed the spouses to be competent witnesses
in criminal proceedings against each other. The change can be considered driven
by the recognition of the need for justice and the importance of revealing the truth
in legal proceedings.
Traditionally,
there were legal rules that restricted spouses from being compelled to testify against
each other, known as spousal privilege or spousal immunity.
4.
The new bill, through Section 52, is proposing a
significant change to Section 57. It aims to update and restructure the
provision to specifically enlist facts about India that the court can take
judicial notice of. This could reflect a move towards decolonization and a more
contextually relevant set of facts for the Indian legal system.
Conclusion:
We can see here that there have been some
significant reforms in the New Codes, such
as the consolidation of provisions and the introduction of audio-visual and electronic means for trials and
investigation. It's also good to hear that stricter timelines have been implemented. The trial in absentia process
is another welcome change that should
help with the prompt disposal of trials against economic offenders who flee the jurisdiction of courts. However, it
remains to be seen how effective
these changes will be once the New Codes are enforced and interpreted by the courts across
the country.
Article Information
THE NOVELTY OF THE CRIMINAL LAWS – AN OVERVIEW
Authors: NISHA KANDARI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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