Author: Rashi Mishra
Prestige, Department of law
To the Point
India’s criminal justice system saw a significant overhaul in 2024, marking the end of colonial-era laws with the introduction of three new codes: the Bharatiya Nyaya Sanhita (BNS) 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023 are the new laws that are set to replace the Indian Penal Code (IPC) from 1860, the Code of Criminal Procedure (CrPC) from 1973, and the Indian Evidence Act from 1872. Designed with the goal of prioritizing “justice over punishment,” these reforms aim to tackle the shortcomings of the old colonial laws, streamline processes, and modernize procedures through digital advancements. The new framework focuses on a citizen-friendly, tech-savvy, and victim-oriented approach to criminal justice, all while adapting to modern challenges like cybercrime, terrorism, and organized crime. This shift represents a clear departure from colonial legacies, moving towards a system that truly embodies Indian values, realities, and aspirations.
Abstract
The Criminal Law Reforms of 2024 signal the start of a new chapter for the Indian legal system. With the introduction of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, India is taking a significant leap away from its colonial legal past, embracing a justice framework that is not only quicker and fairer but also more in tune with today’s social and legal realities.
These reforms are more than just new laws—they signify a fundamental change in legal thinking. By merging traditional values with modern approaches, the new laws maintain crucial principles of criminal law while also incorporating contemporary tools like digital evidence, mandatory forensic procedures, and community-based sentencing. The focus on time-bound investigations and trials, increased victim involvement, and the use of technology shows the government’s commitment to making the justice system more efficient, transparent, and accessible to citizens.
Ultimately, these reforms strive to build a legal system that is responsive and strong, prioritizing justice over mere punishment, ensuring due process, and upholding constitutional values as society and crime continue to evolve.
Use of legal jargon
The new legal codes take a fresh look at essential criminal law principles and procedural protections, using terms like:
– Mens Rea (the mindset behind a crime)
– Actus Reus (the actual act of committing a crime)- Presumption of Innocence
– Admissibility of Evidence
– Cognizable and Non-Cognizable Offences
– Forensic Investigation
– In Camera Proceedings
– Victim Impact Statement
– Digital Evidence
These laws not only reshape both substantive and procedural rights but also aim to reduce overcrowding in jails, decriminalize minor offenses, and ensure that justice is served swiftly through set timelines and digital processes.
The Proof
Legal Provisions and Statutory Evolution
Bharatiya Nyaya Sanhita (BNS), 2023 – Substantive Criminal Law.
This new law takes the place of the Indian Penal Code from 1860, keeping the essential penal provisions while also streamlining, reorganizing, and modernizing criminal offenses. It consists of 358 sections, a significant reduction from the IPC’s 511, and introduces new offenses while reclassifying some existing ones.
Salient Features:
Defining Terrorism (Section 111): For the first time, we have a detailed definition of terrorism that sets it apart from regular criminal activities. This definition encompasses the use of violence or intimidation aimed at threatening India’s unity and integrity.
Recognition of Mob Lynching (Section 103): The BNS makes mob lynching a criminal offense, with severe penalties like the death sentence or life imprisonment for cases involving organized violence based on race, caste, or religion.
Abolition of Sedition: The controversial Section 124A of the IPC, which dealt with sedition, has been removed. In its place, a new offense under Section 150 targets acts that threaten the sovereignty, unity, and integrity of India, including those that promote secession, armed rebellion, or subversive propaganda.
Tough Stances on Gang Rape & Custodial Rape: The law imposes harsh penalties for gang rape (Section 70) and sexual violence in custody (Section 66), highlighting the need for deterrence and justice for victims.
Specific Offense of Snatching (Section 304(2)): This section addresses urban crimes like chain-snatching and purse theft, calling for stricter punishments.
Community Service as a Punishment (Section 20(4)): This innovative approach allows for non-custodial sentences for minor offenses, helping to reduce overcrowding in prisons and promote rehabilitation.
Reclassification of Organized Crime and Petty Offenses: The law clearly differentiates between organized crime syndicates (Section 109) and first-time, minor offenders, ensuring that punishments are proportional to the crime.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Procedural Criminal Law
The BNSS lays out the framework for criminal procedures and is made up of 531 sections. It keeps many elements from the CrPC but also brings in reforms designed to speed up justice, embrace electronic processes, and enhance victim protection.
Important Changes
Zero FIR Institutionalized (Section 173): This allows victims to file FIRs at any police station, no matter the jurisdiction, giving them the power to report crimes right away.
Electronic Evidence and Summons (Sections 86, 90): Summons and warrants can now be served legally through SMS, email, and other electronic means. This change significantly boosts the speed and accountability of procedures.
Forensic Investigation (Section 176(3)): For serious crimes (those with a potential sentence of 7 years or more), forensic evidence collection is now mandatory, which enhances the scientific accuracy of investigations.
Timeline-Based Justice
Police are required to finish investigations within 90 days (Section 193).
Trials need to wrap up within 2 years of the chargesheet being filed (Section 230).
Judgments need to be handed down within 45 days after the trial wraps up.
Bail and Detention Safeguards:
Courts are now required to document their reasons for granting or denying bail (Section 482).
Preventive detention isn’t without its boundaries and can be reviewed by the courts.
Victim-Centric Reforms
Victims are allowed to take part in bail hearings (Section 480).
The rights of victims to have legal representation and receive updates on their cases are now officially recognized.
There’s a stronger focus on in-camera trials and protecting the privacy of rape survivors.
Use of Technology in Police Stations: The introduction of e-FIRs, audio-video recordings of statements, and video conferencing for remand hearings has been established.
3. Bharatiya Sakshya Adhiniyam (BSA), 2023 – Evidentiary Law
The BSA, which replaces the Indian Evidence Act of 1872, is made up of 170 sections. It aims to embrace digital and electronic evidence, update presumptions, and streamline procedural rules.
Important Changes:
Digital Evidence Fully Recognized (Sections 2(d), 63, 66): Now, electronic records, digital footprints, chats, cloud data, and video recordings are explicitly admissible, effectively closing significant evidentiary gaps.
Presumption in Favor of Integrity (Section 66): Courts can now assume that digital records are valid unless proven otherwise, shifting the burden of proof to support authenticity.
Privilege and Competency (Sections 127–129): Clearer protections are established for attorney-client privilege, communications with spouses, and confidential state documents.
Relevancy and Admissibility Simplified: Only relevant facts can be admitted; the traditional structure of Sections 5 to 16 (relevancy) from the old law is preserved and updated.
Witness Protection and Hostile Witnesses: Enhanced provisions for identity protection and secure testimony are in place for vulnerable or threatened witnesses.
Electronic Interception and Confession Rules: For taps or recordings to be admissible, they must comply with the law; confessions to police remain inadmissible unless they are recorded in court (Sections 25, 26 principle preserved).
Case Laws
Selvi v. State of Karnataka (2010) 7 SCC 263
This case established that conducting narco-analysis, polygraph tests, and brain-mapping without consent goes against Article 20(3). The BSA, by using forensic and electronic evidence gathered with consent, is in line with this decision.
Lalita Kumari v. Govt. of U.P. (2013) 6 SCC 384
This ruling mandated that FIRs must be registered in cognizable cases. BNSS has made this a standard practice under the Zero FIR provisions, making it easier for people to access justice.
Shreya Singhal v. Union of India (2015) 5 SCC 1
This landmark case safeguarded digital freedom of speech by striking down ambiguous laws. BNS now clearly defines cyber offences like identity theft and cyberstalking, steering clear of any vagueness.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416
The court laid down important guidelines for arrest procedures. BNSS incorporates rules for videographed arrests, arrest memos, and legal aid, strengthening these safeguards.
Mohd. Ajmal Kasab v. State of Maharashtra (2012) 9 SCC 1
This case emphasized the importance of a quick and fair trial in terrorism-related cases. BNS has introduced a thorough legal definition and punishment framework for terrorism, prioritizing national interest.
Conclusion
The criminal law reforms of 2024 mark a significant turning point in India’s legal framework. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam aren’t just updates to old laws; they reflect a more advanced legal philosophy that prioritizes justice, fair trials, victim protection, and relevance to today’s society.
The real test of these reforms will lie in how well they are put into practice, which includes training for judges, raising awareness among police, and improving infrastructure. While we can expect some bumps along the way, especially at the grassroots level, these new codes hold the promise of a justice system that is both responsive and resilient. In a country where many people view the legal system as slow and daunting, these changes are a hopeful step toward rebuilding public confidence in the rule of law.
FAQs
Q1: What’s the main goal of the new criminal laws in India?
The main goal is to refresh India’s criminal justice system by replacing outdated colonial laws with ones that focus on citizens, are sensitive to victims, and are equipped with modern technology to ensure quick justice while protecting fundamental rights.
Q2: Will current cases under IPC/CrPC/Evidence Act be impacted?
Not at all. Typically, substantive laws (BNS) will be applied going forward, while procedural laws (BNSS) might be applied to past cases unless stated otherwise. The transition provisions and the discretion of the judiciary will guide which framework is used.
Q3: What are the key innovations in the Bharatiya Sakshya Adhiniyam?
The BSA brings in detailed provisions for handling digital and electronic evidence, boosts the presumption of authenticity, safeguards privacy, and streamlines the rules for admissibility and relevance to improve the integrity of evidence.
