Author: Manyata Sisodia, Guru Gobind Singh Indraprastha University
In 2023 a new bill regarding new criminal laws was introduced in the lok sabha by Amit Shah , the objective of these new criminal laws was to shift focus from punishment to justice and to replace the laws of colonial era with the laws which suits 21 century India , to increase efficiency and use of technology for making investigation faster and to ensure accountability like use of CCTV , GPS and digital forensics . The old criminal laws Indian penal code 1860 [IPC] , Code of criminal procedure 1974 [crpc] , Indian evidence act 1872 are replaced with Bhartiya Nyaya Sanhita 2023 , Bhartiya Nyaya Suraksha Sanhita 2023 , Bhartiya sakshya adhiniyam 2023 .
The Bharatiya Nyaya Sanhita focuses on substantive criminal law, aiming to simplify and update the legal provisions to reflect current societal values , The Bharatiya Nagarik Suraksha Sanhita overhauls procedural aspect and it ensures quicker efficient justice delivery, the Bharatiya Sakshya Adhiniyam modernises the rules of evidence and includes use of technology to make investigation fase , efficient and fair – example : use of CCTV , GPS and forensic science .
BHARTIYA NYAYA SANHITA 2023
The Bhartiya Nyaya sanhita focus on substantive criminal law and aims to steamline and modernize India’s legal framework consolidating numerous existing laws into a cohesive structure. The Bharatiya Nyaya Sanhita (BNS) is India’s new criminal code that replaces the Indian Penal Code (IPC) of 1860. It aims to modernize and overhaul the country’s criminal justice system, incorporating contemporary societal norms and values.
Key Features:
New Offences: Introduces 20 new offences, including organised crime, terrorism, mob lynching, hate crimes, and cybercrimes
Revised Punishments: Increases punishment for 33 offences and fines for 83 offences, with mandatory minimum punishment for 23 offences
Community Service: Introduces community service as a punishment for petty offences, aiming to keep first-time convicts and minor offenders out of prison
Gender Neutrality: Tweaks laws to bring gender neutrality, making certain provisions applicable to all genders
Speedy Trials: Emphasizes video-conferencing of trials and prescription of timelines for speedy trials to improve justice delivery The Bharatiya Nyaya Sanhita (BNS) is India’s new criminal code that replaces the Indian Penal Code (IPC) of 1860. It aims to modernize and overhaul the country’s criminal justice system, incorporating contemporary societal norms and values.
IMPACTS – BNS aims to make legal knowledge more accessible to the general public so that they also know about their legal rights , and promotes awareness.
Improved Conviction Rates: Expected to enhance conviction rates through efficient and reliable legal processes.
Protection of Rights: Stronger emphasis on protecting citizens’ rights, particularly victims of crime.
Transparency and Accountability: Measures like videography in search and seizure operations and digital tracking of cases aim to increase transparency and accountability
BHARTIYA NYAYA SURAKSHA SANHITA 2023
BNSS focus on the criminal procedural laws and is a legal framework designed to address the shortcomings of India’s criminal justice system it prioritize accountability , fair and quick justice. It aims to transform the system by incorporating principles like equality, efficiency, and humanism.
Improved Judicial Efficiency: BNSS promotes digitization of court records, virtual hearings, and fast-track courts to reduce case backlogs and ensure timely justice.
Victim-Centric Approach: BNSS prioritizes victim rights, providing compensation, counseling, and protection for witnesses and survivors of violent crimes.
Police Accountability: BNSS introduces independent review committees to investigate police misconduct, promoting transparency and accountability in law enforcement.
Rehabilitation over Punishment: BNSS emphasizes rehabilitation and reintegration of offenders, especially for non-violent crimes, to reduce recidivism rates.
BHARTIYA SAKSHYA ADHINIYAM 2023
Bhartiya Sakshya Adhiniyam: A new Indian law that governs the admissibility and handling of evidence in courts, particularly focusing on digital evidence and electronic records.
Purpose
To modernize the legal framework for evidence handling, ensuring it is relevant and effective in the digital age.
Features of Bharatiya Sakshya Adhiniyam
Electronic Records as Primary Evidence: Electronic records, such as emails and text messages, are considered primary evidence.
Authentication and Integrity: Provisions for authenticating and ensuring the integrity of electronic records.
Expanded Scope of Secondary Evidence: Broader scope for admitting mechanical copies and counterparts of documents.
Impact
Enhanced Efficiency: Streamlined evidence handling, reducing delays and case backlogs.
Improved Admissibility: Easier admission of digital records in court, facilitating justice delivery.
Modernized Legal Framework: Updated laws to address contemporary challenges and technological advancements.
Impact of Effective Structure, Argument, Evidence, and Engagement Strategy
When combined, these elements can have a significant impact on the effectiveness of a legal presentation:
Enhanced Persuasiveness
Clear and logical structure: Helps to build a strong narrative that is easy to follow.
Compelling arguments: Supported by credible evidence, making the argument more convincing.
Engaging delivery: Captures everyone’s attention and maintains their interest.
Improved Understanding
Clear explanations: Complex legal concepts are explained in a way that is easy to understand.
Organized presentation: The structure and organization of the presentation help to clarify key points.
Effective use of visual aids: Visual aids, such as slides or diagrams, can help to illustrate complex concepts.
Building Credibility
Strong arguments: Well-supported arguments demonstrate expertise and credibility.
Confident delivery: A confident and professional delivery style can enhance credibility.
Storytelling: Using narratives to illustrate key points can make the presentation more engaging.
Visual aids: Visual aids can help to capture the audience’s attention and maintain their interest.
Confident delivery: A confident and enthusiastic delivery style can engage the audience.
Supporting Successful Outcomes
Effective persuasion: A well-structured and persuasive presentation can increase the likelihood of a successful outcome.
Clear communication: Clear and effective communication can help to avoid misunderstandings and ensure that everyone understands key points .
Establishing credibility: Establishing credibility with the citizens can increase the chance of a successful outcome.
By combining effective structure, argument, evidence, and engagement strategy, legal professionals can deliver presentations that are more persuasive, engaging, and effective in achieving their desired outcomes.
Here are some notable case laws related to the new criminal laws introduced in India:
Abetment to Suicide
Chhattisgarh High Court: In a petition filed under Section 528 of the bhartiya Nagarik Suraksha Sanhita the court refused to quash an FIR against a teacher for abetment of suicide. The teacher had allegedly subjected a child to corporal punishment, which was deemed cruel and not in keeping with the child’s dignity.
Madras High Court: The court refused to quash charges against a hostel warden accused of abetting the suicide of a 12th-standard student. The court found sufficient grounds for further investigation.
Madhya Pradesh High Court: Threatening to falsely implicate someone in a rape or eve-teasing case can amount to abetment to suicide, as per a judgment by the court.
Acquittal
Madras High Court: The court set aside the conviction and sentence of a rape accused, stating that the victim had given implied and explicit consent to sexual intercourse.
Madras High Court: The court acquitted former AIADMK Minister Balakrishna Reddy and others in a 1998 riot case, as the charges were not proved beyond doubt.
Bombay High Court: Making a wife sleep on a carpet was not considered cruelty, and the court set aside the conviction of a husband and in-laws under Sections 498-A and 306 IPC.
Arrest
Delhi High Court: Arvind Kejriwal’s plea challenging his arrest was dismissed, while the arrest of Congress Social Media Coordinator was declared illegal due to improper notice under Section 41-A of CrPC.
Bail
Jharkhand High Court: Former CM Hemant Soren was granted bail in the money laundering case which involves illegal acquisition of land.
Delhi High Court: the Chief Business Strategy Officer of IL&FS Securities Services Ltd. Was granted bail in the Dalmia Cements fraud case.
Karnataka High Court: Bhavani Revanna, mother of suspended Janata Dal (Secular) leader Prajjwal Revanna, was granted anticipatory bail in a kidnapping case
FAQS
Q: What are the new criminal laws introduced in India in 2024?
A: The new laws are the Bharatiya Nyaya Sanhita 2023 , Bharatiya Nagarik Suraksha Sanhita 2023 , and Bharatiya Sakshya Adhiniyam 2023 ,which replace the Indian Penal Code (IPC) Code of Criminal Procedure (CRPC) , and Indian Evidence Act, respectively.
Q: What are the key features of the new laws?
A: The new laws introduce provisions for digital evidence, forensic science, victim-centric approaches, and stricter penalties for crimes against women and children.
Q: How will the new laws impact the justice system?
A: The new laws aim to enhance justice delivery, improve conviction rates, and reduce case backlogs through the use of digital technologies and forensic science.
Q: What are the benefits of the new laws?
A: The new laws prioritize citizen rights, provide compensation and support to victims, and mandate transparency and accountability in law enforcement.
Q: What are the challenges in implementing the new laws?
A: The challenges include developing the necessary infrastructure and expertise, addressing complexities in the laws, and ensuring effective implementation.
Q: When did the new laws come into effect?
A: The new laws came into effect on [insert date].
Q: How will the new laws impact citizens?
A: The new laws aim to provide citizens with a more efficient, transparent, and accountable justice system, with a focus on protecting their rights and interests.
Q: Where can I find more information about the new laws?
A: You can find more information about the new laws on official government websites, legal resources, and reputable news outlets.
Conclusion
The new criminal laws introduced in India represent a significant step towards modernizing the country’s legal system By incorporating digital technologies, forensic science, and victim-centric approaches, these laws aim to enhance justice delivery, and focus on providing justice and protection to citizen rights, and promote efficiency.
Key Takeaways
Modernization of Legal Framework: The new laws replace outdated colonial-era laws, introducing provisions that address contemporary challenges and priorities.
Enhanced Justice Delivery: The laws aim to improve conviction rates, reduce case backlogs, and ensure timely justice delivery through the use of digital technologies and forensic science.
Protection of Citizen Rights: The laws prioritize victim rights, providing compensation and support, and mandate transparency and accountability in law enforcement.
Future Directions
Effective Implementation: The success of these laws will depend on effective implementation, ongoing evaluation, and a commitment to promoting justice, accountability, and citizen rights.
Capacity Building: Law enforcement agencies, judicial authorities, and other stakeholders will need to develop the necessary skills and expertise to effectively implement these laws.
Continuous Review and Improvement: The laws should be regularly reviewed and updated to ensure they remain relevant and effective in addressing emerging challenges and priorities.
By embracing these new laws and working towards their effective implementation, India can take a significant step towards creating a more just, efficient, and citizen-centric legal system.
