Bharatiya Nyaya Sanhita, 2023
New criminal law Bharatiya Nyaya Sanhita of 2023 is an endeavour to redefine and redirect the code and has replaced the erstwhile Indian Penal Code, 1860. Through amending, repealing and adding sections this law aims to take a nuanced approach towards offenses by imposing penalties on actions that pose a threat to the sovereignty, unity and integrity of India. Additionally, it tackles challenges like terrorism, organized crime, by differentiating between serious and minor offenses and imposing strict punishments for serious offenses. The idea of ‘Community Service’, as a penalty for crimes is now being implemented under the law focusing on a more rehabilitative approach to justice. The recent legislation has added “snatching” as an offense, under Section 304 of the Bharatiya Nyaya Sanhita.
Bharatiya Nagrik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 aims to refine our Criminal procedure system. By setting timelines for investigations it intends to ensure that justice is more accessible and responsive to the needs of the people. In this new criminal law one notable change can be seen in Section 176 of the Act, which mandates investigation for crimes carrying a punishment of seven (7) years imprisonment or more. This means that appointed experts will be involved in conducting on site investigations. Additionally, Section 173 of the Bharatiya Nagarik Suraksha Sanhita embraces the new digital age by allowing digital methods for trials, inquiries and proceedings. This shift toward documentation and proceedings aligns with advancements in technology and helps streamline legal processes. One revolutionary concept is the implementation of Zero FIRs. According to Section 173 of the Act, individuals have the right to file a First Information Report (FIR) at any police station, for a cognizable offense regardless of its jurisdiction. It states that the FIR must be transferred to the police station, for handling crimes committed in that particular area within a span of 15 days. Crime and Criminal tracking system will be used for benefit of the public.
Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act of 1872 resulting in alterations to the structure of Evidence Law. In today’s environment, where technology holds great importance, this new criminal law acknowledges electronic evidence, as any information produced or transmitted by a device or system that can store or recover data. Section 57 of the Bharatiya Sakshya Adhiniyam emphasizes the recognition of electronic records as primary evidence. Moreover, the Act includes provisions that enable the electronic presentation of even oral evidence. This advancement makes it possible for witnesses to testify remotely ensuring that digital records hold the same significance as traditional paper documents. Section 24 of the Act, expands on the idea of joint trials.
Comparison of Old vs New Criminal Laws
| BASIS | OLD CRIMINAL LAWS | NEW CRIMINAL LAWS |
| Laws and Philosophy | The laws were Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act. The philosophy was to provide punitive and retributive justice. | The laws are Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha and Bharatiya Sakshya Adhiniyam. The philosophy is to provide restorative justice focused on rehabilitation and victim centric. |
| Ideology | Developed by Britishers under British oversight and ideology | Built for the Modern India, with focus on ever dynamic legal landscape. |
| Sentencing | There were fixed punishments and penalties specified for various kinds of crimes. | There are provisions for fixed punishments as well as restorative justice provisions like imposition of community service or rehabilitation. |
| Admissibility of Evidence | The acts provided strict and rigid rules for testimonies of witness and sometimes relied upon unreliable circumstantial evidence. Electronic evidence had limited admissibility. | Scope of admissibility was expanded to take into account digital evidence and records and to strengthen investigations. |
| Trial Procedures | Tiring, cumbersome and lengthy procedures due to which due to which people face delays and backlogs in courts. | Aimed at expediting the trial process by implementing time limit and leverage technology to enhance efficiency. |
New Criminal Law Books
The Bharatiya Nagarik Suraksha Sanhita, 2023
This new bare act by Lexis Nexis covers the entire Bharatiya Nagarik Suraksha Sanhita and contains comparisons of both the new act and the old and erstwhile Code of Criminal Procedure, 1973. It also has selected sections of the Code of Criminal Procedure, 1973 and relevant provisions of allied Acts for an ease of understanding.
The Bharatiya Nyaya Sanhita, 2023
This new bare act by LexisNexis is a comprehensive work on the The Bharatiya Nyaya Sanhita and contains a comparison of it with the old Indian Penal Code. It covers the fines and punishments increased in a tabular format. Relevant provisions of allied Acts have also been included for ease of reference. The act has traces of the Indian Penal Code at various places for reference, and is an ideal read for lawyers, students and judges.
The Bharatiya Sakshya Adhiniyam, 2023
This new bare act by Lexis Nexis has covered all bases of the Bharatiya Sakshya Adhiniyam and comprises of a comparison of the Indian Evidence and the Bharatiya Saskhya Adhiniyam along with cross-referencing to the corresponding sections of the old act. Relevant provisions of allied Acts have also been included for ease of reference.
Analysis of New Criminal Laws
India’s criminal laws have sparked a closer look into the difficulties, consequences and objections associated with these changes. A particular area of concern that has garnered increased scrutiny is the increase in the duration of police custody under the Bharatiya Nagarik Suraksha Sanhita. Raising the limit from 15 days to either 60 or 90 days depending on the severity of the offense brings up questions about striking a balance, between law enforcement requirements and protecting civil liberties.
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