Indian Legal System is going through some major changes with the introduction of three new criminal laws. Unlike old laws, these new laws are more focused on imparting justice rather than punishment to offenders.
Union Home Minister Amit Shah introduced three pivotal bills on August 11, 2023, aiming to expedite the delivery of justice and eliminate the colonial mindset from the criminal justice system.
What Replaced What?
With the enactment of the new criminal laws in India, old laws will no longer be in use. Let’s check which new law has replaced which old law.
BNS Replaces IPC
Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC) in the new Indian legal system. Following are some important points that reflect the major changes that happened:
- Sections Reduced: The number of sections is reduced from 511 to 358 in BNS.
- New Offences: 21 new offenses are added in BNS, including hate crimes and mob lynching.
- New Offences Include: New offenses include terrorism, organized crime, and hate speech.
- Sedition Redefined: Sedition is redefined as acts that endanger national integrity (treason).
- Change in Definition of Theft: The definition of theft now includes data and intangible items.
BNSS Replaces CrPC
The Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Criminal Procedure Code (CrPC) with several victim-centric changes:
- Extended Police Custody: Police custody is now extended from 15 to 90 days in BNSS.
- Trials in Absentia: BNSS allows trials to proceed even if the accused is absent.
- Zero FIR: FIRs can now be filed at any police station, irrespective of jurisdiction in the new BNSS.
- Electronic Summons: Summons can be issued electronically, thus making them more digital-friendly.
- Witness Protection Scheme: Introduces protections for witnesses missing in the old system.
- Forensic Investigations: BNSS mandates forensic investigations for serious crimes.
- Electronic Trials: BNSS facilitates electronic trials, moving away from traditional courtroom methods.
BSA Replaces Indian Evidence Act
Indian Evidence Act was replaced with Bharatiya Sakshya Adhiniyam (BSA). Some modern updates include:
- Electronic and Digital Records: BSA recognizes electronic and digital records as primary evidence.
- Recording of Statements: BSA mandates police to take audio-video recordings of statements from rape victims.
- Oral Evidence: BSA allows giving oral evidence electronically.
Also Read: New Criminal Law in Action; Know Which Section is What in Bharatiya Nyaya Sanhita?
Key Differences Between BNS and IPC
Indian Penal Code is no longer in use after July 1, 2024. Bharatiya Nyaya Sanhita is the new criminal law that the Indian legal system is now following.
Check what are the key differences that make BNS different than IPC:
| New Legal Provisions | Details |
| Section 377 Removed | The law criminalizing certain sexual acts is no longer in use in BNS. |
| Organized Crime | A specific offense for organized crime has been established in BNS. |
| Mob Lynching | New offense is introduced in BNS which makes mob lynching punishable with the death penalty. |
| Terrorist Acts | Acts of terrorism are now explicitly defined as offenses in BNS. |
| Terrorism-Related Acts | New provisions cover membership in terrorist organizations, harboring terrorists, terrorism training, and handling terrorist funds. |
| Community Service | Minor offenses like petty theft may result in community service instead of jail time in BNS. |
| Hit and Run Punishments | Punishment increased for causing death in hit-and-run cases from a maximum of 2 years to 5 years. (This has been put on hold for now) |
| Treason Instead of Sedition | The offense of sedition has been replaced with treason. Treason focuses on acts that threaten national integrity. |
| Theft Includes Digital Items | Theft definition now also includes data theft and identity theft. |
| Medical Negligence | Specific provisions are added to address medical negligence in BNS. |
| Economic Offence | The term "economic offense" has been now defined in BNS. |
| Clause 69 | Sexual intercourse through "deceitful means" is criminalized under BNS, with penalties of up to 10 years imprisonment and fines. |
| Clause 103 | This clause designates murder as a separate offense based on a victim's race, caste, or community. |
These changes reflect a shift towards a more modern, victim-centric, and efficient legal system in India.
Also Read: July 1 Marks an End to Colonial Laws With New Criminal Laws; Know Which Laws have Been Replaced
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