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The three new criminal laws which will come into effect from July 1st are Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.
The laws will replace the Indian Penal code,1860(IPC), the code of criminal procedure,1973(CRPC),and the Indian Evidence act ,1872(IEA) respectively.
1)Bharatiya Nyaya Sanhita ,2023:
UAPA’s definition of ‘terrorist act’ adopted :
Section 113 of the act has modified the definition of the crime of terrorism to entirely adopt the existing definition under section 15 of the unlawful activities act, 1967(UAPA)
* Damage to monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency,coin or of any other material has also been added as a terrorist offence.The offence is punishable with death or imprisonment for life.
Crimes against women and children:
Provisions related to the gang rape of a minor woman are consistent with the protection of children from sexual offences act(Pocso)
*A provision for life imprisonment or death penalty in the case of girls below 18 years of age has also been made.
* Innovative legal procedures:
Features like zero FIR allow complaints to be field at any police station, streamlining the information of legal action.
*Mental illness replaced by unsoundness of mind
* Enhancement of minimum punishment for mob lynching
2) Bharatiya Nagarik Suraksha Sanhita,2023:
*Community service defined;
Under section 24, work which the court may order a convict to perform as a form of punishment that benefits the community,for which he shall not be entitled by any remuneration.
* A magistrate of the first or second class has been specifically empowered to impose this punishment to encourage a more reparative approach to minor crimes.
*Handcuffing:
It should be restricted to select heinous crimes like rape and murder instead of extending its usage to persona who have been accused of committing economic offences.
*Preventive detention powers:
The detained person must be produced before the magistrate or released in petty cases within 24 hours.
3) Bharatiya Sakshya(Second),2023:
*Admissibility of electronic evidence:
Section 61 of the original bill allowed the admissibility of electronic evidence by underscoring that an electronic record shall have the same legal effect as a paper record.
*This provision bas now been revised to state that the admissibility of an electronic record is subject to section 63(corresponding to the requirement of a certificate under section 65 B of the Indian Evidence act)
On 1st July 2024, India saw the implementation of three new laws that significantly overhaul its criminal justice system. These laws are the Bharatiya Nyaya Sanhita (BNS), replacing the Indian Penal Code (IPC); the Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure (CrPC); and the Bharatiya Sakshya Act, replacing the Indian Evidence Act of 1872. These changes aim to modernize the legal framework and address contemporary issues more effectively. The criminal laws saw major changes for better and improved justice delivery system. Some of the examples of such changes are:
Systematical and Procedural changes:
The recent legal reforms in India are expected to have a long-term impact on the society. The modernization of legal framework by replacing colonial-era laws with contemporary statutes marks a significant progress towards a more modern and just legal system. Additionally, the introduction of gender-neutral laws and specific provisions for the protection of women, children, and marginalized groups aims to create a more inclusive and protective legal environment. Measures such as electronic filing, Zero FIRs, and summary trials for minor offenses are also set to enhance judicial efficiency by reducing case backlogs and expediting the judicial process. However, there are concerns regarding the potential misuse and human rights violations due to extended detention periods and broad definitions of certain crimes. It is crucial to ensure checks and balances to mitigate these risks. Overall, the new laws represent a significant step towards a more equitable and efficient criminal justice system in India, but their successful implementation will require careful oversight and continuous evaluation.