Explaining New Criminal Laws 2023

Overview: On December 22, 2023, the Indian Parliament enacted three significant criminal laws and it came into effect from 1st July 2024:

1. The Bharatiya Nyaya Sanhita (BNS), 2023
2. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
3. The Bharatiya Sakshya Adhiniyam (BSA), 2023

These new laws are transformative steps in the Indian justice system, marking a shift from punishment to justice. In this Blog we will break down all the three New Criminal laws and provide you more details about the same.

In this Blog we will cover:

• Overview of three New Criminal Laws
• Why knowing New Criminal Laws is important for Judiciary exams?
• How to learn New Criminal Laws with the old laws for Law Schools, Legal Practice and Judiciary exams

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Overview of three New Criminal Laws

Key Provisions of all three New Criminal Laws:

Bharatiya Nyaya Sanhita (BNS), 2023

This law aims to update procedural aspects of the criminal justice system, redefine offenses, and prescribe penalties to ensure timely and fair justice.

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Arrest Procedures (Section 35-62):

Section 35: Police can arrest without a warrant for cognizable offenses. For offenses with less than three years of punishment, arrest requires DSP permission if the accused is seriously ill or over 60 years old.
Section 36: Arresting officers must display identification, and an arrest memorandum must be signed by a witness and the arrestee.
Section 38: The arrested person has the right to meet an advocate during interrogation.
Section 43: Arrest of women must be made by female officers unless extreme circumstances exist, which require a male officer to obtain written permission from a Magistrate.
Section 44: Police can search premises if they believe a person sought for arrest is inside.
Section 47: Arrested individuals must be informed of their grounds for arrest and their right to bail.
Section 52: Medical examination of rape suspects is mandatory and must be conducted by a registered medical practitioner.
Section 53: Arrested individuals must be examined by a medical officer, and female arrestees must be examined by a female medical officer.
Section 56: Officers must ensure the health and safety of those in custody.
Section 57: Detainees must be presented before a Magistrate within 24 hours of arrest.
Section 61: Police can pursue and recapture escaped detainees.
Section 62: Arrests must comply strictly with the provisions of the BNSS.

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Investigation Protocols (Section 173-193):

Section 173: Police must register Zero-FIRs for cognizable offenses, regardless of jurisdiction. Electronic communication of offenses must be signed within three days.
Section 174: Non-cognizable offenses require a Daily Diary Report (DDR) and referral to court.
Section 175: Police can investigate cognizable cases without a Magistrate's order.
Section 176: Police must report suspected offenses to a Magistrate and may delegate investigations to subordinates.
Section 178: Magistrates can direct investigations or hold preliminary inquiries.
Section 179: Witnesses under 15 or over 60, or those with severe disabilities, should be interviewed at their residences.
Section 182: Police must not offer inducements or threats to obtain confessions.
Section 183: Confessions can be recorded electronically and must involve the accused's advocate. Statements from women and vulnerable individuals should be recorded by female officers or magistrates.
Section 184: Medical examination of rape victims must occur within 24 hours, with reports forwarded within seven days.
Section 185: Searches must be recorded electronically, preferably by mobile phone.
Section 186: Officers must coordinate searches with local police if outside their jurisdiction.
Section 187: Magistrates can authorize extended detention if investigations cannot be completed within 24 hours.
Section 188: Subordinate officers must report investigation results to their superiors.
Section 189-193: Procedures for reporting, documenting, and submitting investigation findings to ensure timely justice.

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Bharatiya Sakshya Adhiniyam (BSA), 2023

• Evidence Collection: Forensic experts must be involved in crimes punishable with seven years or more.
• Evidence collection processes must be video recorded and photographed.
• Detailed protocols are provided for handling and preserving evidence to ensure it is admissible in court.
• Victims' statements, especially in sensitive cases like rape, must be recorded in safe and comfortable environments, with the presence of supportive individuals.
• Implementation Guidelines for Investigating Officers
• Zero-FIR Registration: FIRs must be registered regardless of jurisdiction.
• Electronic Information Handling: Electronic communications about offenses must be signed within three days.
• Preliminary Enquiry: Offenses punishable with 3-7 years require preliminary enquiry to be completed within 14 days with DSP's permission.
• Timely Reporting: Victims must be informed of case progress within 90 days.
• Forensic Evidence: Forensic experts must be involved in serious crimes.
• Witness Protection and Rights: Special provisions protect witnesses and ensure their rights during investigations.

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Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Overview

BNSS replaces CrPC 1973 and consists of 531 sections with 177 sections revised, 9 new sections added, and 14 sections repealed.

Key Provisions:

• Hierarchy of Courts: Eliminated distinction and role of Metropolitan Magistrates.
• Mandated Use of Electronic Mode: At stages of investigation, inquiry, and trial.
• Detention of Undertrials: Restriction on release on personal bond for accused persons (a) charged with life imprisonment or (b) facing multiple proceedings.
• Alternative to Arrest: An accused doesn't have to be arrested; instead, the police can take a security bond for their appearance before a Judicial Magistrate.
• Community Service Defined: 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 to any remuneration.
• Substitution of Terminology: "Mental illness" replaced by "unsoundness of mind" in the majority of provisions.
• Documentation Protocols: Searches with/without warrants require mandatory audio-video documentation with recorded material promptly submitted to Magistrate.
• Timelines for Procedures: Prescribes timelines for various procedures (e.g., issuing verdict within 30 days post-argument).
• Medical Examination: Can be requested by any police officer in certain cases.
• Sample Collection: Magistrate can compel individuals to submit signature specimens, handwriting samples, etc., even if they haven't been arrested.
• Forensic Investigation: Mandated for offenses punishable with ≥7 years of imprisonment.
• New Procedures w.r.t. FIR Registration: After filing a Zero FIR, the relevant police station must transfer it to the jurisdictionally appropriate station for further investigation. FIRs can be electronically registered, and the information will be officially recorded upon the person's signature within 3 days.
• Rights of Victim/Informant: Police officer filing charge sheet obligated to supply police report and other documents to victim. Witness protection scheme to be laid down by State Governments.

Why knowing New Criminal Laws is important for Judiciary exams?

Knowing New Criminal Laws is an important step for all upcoming Judiciary exams. In all upcoming exams there is a high expectancy rate of questions from these laws. The weightage of old cirminal laws has been sginificant in all Judiciary exams and therefore New Criminal Laws also holds high value in future.

Types of questions expected fom New Criminal Laws:

• Difference between the old and new ciminal laws.
• Advancements made in the new ciminal laws.
• How are these New Criminal Laws better.

How to learn New Criminal Laws with the Old Laws for Law Schools, Legal Practice and Judiciary exams?

Learning New Criminal Laws with the Old Existing Laws can be a little difficult, so to help you with the same we have curated a list of tips that can help you in doing the same:

1. Learn the differences between the new and the old ciminal laws.
2. Make a table for all three laws.This can help you learn better.
3. Collectively learn the concepts.
4. Draw illustrations and charts, this will help you in corelating the laws together.
5. Bifurcate and focus on major sections and changes that are made.

Conclusion:

In a landmark move, India has undertaken a sweeping overhaul of its criminal justice system with the introduction of three pivotal laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam.

Effective from July 1, 2024, these new laws replace the colonial-era Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1898, and the Indian Evidence Act of 1872, bringing significant reforms aimed at modernizing and streamlining the country’s legal framework.

These reforms are not merely cosmetic but represent a comprehensive reworking of India’s criminal laws to align with contemporary realities.

The new laws address long-standing inefficiencies and inadequacies of the previous statutes, which have been criticized for being outdated and unresponsive to modern society's needs. The drive for these changes was fueled by the necessity to enhance legal procedures, integrate technological advancements, and ensure more robust protection of citizens’ rights.