The new criminal laws have focused on three pillars primarily, decoloniality, forensics and use of technology in evidence collection. Harmonisation of laws with changing circumstances is important for ensuring an efficient Justice system. The laws should be congruent with the latest understanding of human rights and the rapidly changing technological landscape.
Several recommendations of the Law Commissions of India have been included substantially in the new criminal laws, for instance the Report no. 282 of 22nd Law Commission of India titled “Amendment in section I54 of the Code of Criminal Procedure 1973 for enabling online registration of FIR.” the Chairman of the commission Justice. Ritu Raj Awasthi stated “enabling registration of e-FIR would tackle the long persisting issue of delay in registration of FIRs, allowing citizens to report crimes in real time.”
The advice has been heeded to by the government and in the new Bhartiya Nagarik Suraksha Sanhita 2024 there is a provision of electronic registration of FIR, according to Section 173. (1) “Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed may be given orally or by electronic communication.”
Apart from this several new offences like organised crime, terrorist act, petty organised crime, hit and run, mob lynching, hiring child to commit offence, sexual exploitation of woman by deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity and unity of India, and the publication of false or fake news have been introduced in the new laws.
Bhartiya Nyaya Sanhita (BNS) 2024
33 Sections of the Indian Penal Code 1860, have not been included in the new Bhartiya Nyaya Sanhita 2024, and following 6 new Sections have been added, Section 69 “Sexual intercourse by employing deceitful means etc,” Section 71 “Punishment for repeat offenders (for rape),” Section 79 “Word, gesture, act intended to insult modesty of a woman,” Section 111 “Organised crime,” Section 112 “Petty organised crime,” and Section 113 “terrorism.” while substantial amendments have been done in various sections.
The new Sanhita has been made more cohesive for example Sections 304-B, 366, 498-A so on and so forth of IPC 1860 which included offences related to marriage have been codified in Section 80 to Section 87. Three chapters of abetment (Chapter V), criminal conspiracy (Chapter V-A) and of attempts to commit offences (Chapter XXIII) of the IPC 1860 have been merged in Chapter IV of BNS 2024 titled “Of abetment, criminal conspiracy and attempt.”
In the following five sections the punishment of community service has been added, Sections 202, 209, 303 (Theft, where the value of the stolen property is less than 5000 Rs), 355, and 356 (2). The old sedition section 124-A of the IPC 1860 has been restructured and presented as Section 152 of the BNS, wherein the words “purposely and knowingly” have been added to emphasise the element of intention required for penalisation, apart from that more specificity has been introduced about the crime by narrowing down the description of the same from exciting or attempting “disaffection to the Government established by law in India” to exciting or attempting “secession or armed rebellion or subversive activities, or feelings of separatist activities or endangering sovereignty or unity and integrity of India.” The minimum punishment has also been increased from three years to seven years.
Several sections of the IPC 1860 have been merged in one section, in the new BNS 2024, including changes in some. Instances where several Sections of the IPC 1860 have been merged in new Sections in BNS 2024 are as follows Sections 383, 384, 385, 386, 387, 388, and 389 have been merged in Section 308 that is “Extortion” in the new BNS 2024, similarly, Sections 390, 392, 393, and 394 have been merged in Section 309 that is “Robbery” in the new BNS 2024, also Sections 391, 395, 396, 399, 400, and 402 have been merged in Section 310 that is “Dacoity.”
Sections 405, 406, 407, 408, and 409 have been merged in Section 316 that is “Criminal breach of trust” in the new BNS 2024. Sections 410, 411, 412, 413, and 414 have been merged in Section 317 that is “Stolen property” in the new BNS 2024. Sections 415, 417, 418 and 420 have been merged in Section 318 that is “Cheating” in new BNS 2024. Sections 430, 431, 432, 433, 434, 435, and 436 have been merged in Section 326 that is “Mischief by injury, inundation, fire or explosive substance etc” in the new BNS 2024. Sections 441, 442, 447, and 448 have been merged in Section 329 that is “Criminal trespass and house-trespass” in the new BNS 2024.
Sections 453, 454, 455, 456, 457, 458, 459 and 460 have been merged in Section 331 that is “Punishment for house-trespass or house-breaking” in the new BNS 2024. Sections 459, 500, 501 and 502 have been merged in Section 356 that is “Defamation” in BNS 2024. There are several other instances in which fewer Sections than those merged in above examples, have been merged in new Sections of BNS 2024.
Bhartiya Sakshya Adhiniyam (BSA) 2024
Substantial elements of Indian Evidence Act 1872, have been included in the Bhartiya Sakshya Adhiniyam 2024 like they were before, but the order of sections has been changed and some sections have been merged to bring more coherence like that in BNS and BNSS, such as Sections 24,28, and 29 of the Indian Evidence Act 1872 have been merged and included in BSA 2024 as Section 22 which is “confession caused by inducement, threat, coercion or promise when irrelevant in criminal proceeding.”
Similarly Sections 25, 26 and 27 of the Indian Evidence Act 1872 have been merged and included as Section 23 in BSA 2024 which is “confession to police officer.” Even though both the old evidence act and the new BSA are substantially similar, yet several sections of the former have not been included in the latter, for instance Section 22-A “when oral admission as to content of an electronic record are relevant,” Section 82 “presumption as to document admissible in England without proof of seal and signature,” Section 88 “presumption as to telegraphic message,” Section 113 “proof of cessation of territory,” and Section 166 “power of jury or accessors to put questions.”
The confusion about testimony of an accomplice has also been resolved in the BSA 2024, earlier Section 114 illustration (B) of Indian Evidence Act 1872 contemplated that an accomplice is unworthy of credit unless he is corroborated material particulars, whereas Section 133 contemplated that an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice, but now Section 138 of BSA 2024, contemplates “An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.”
Bhartiya Nagarik Suraksha Samhita (BNSS) 2024
The distinction between Metropolitan Magistrate and Judicial Magistrate has been done away with in the new BNSS 2024, apart from this the power of Judicial Magistrate First Class to impose fine has been increased from INR 10,000 Rs to INR 50,000.
While in the Code of Criminal Procedure 1974, in Section 31 it was contemplated that imprisonment if not specifically mentioned in the order as concurrently than it shall be presumed to run consecutively, now it has been left to the discretion of the court under Section 25 of BNSS 2024, secondly in the CrPC 1974, where the sentence was consecutive under Section 31 (2)(a) it was not allowed to be more than fourteen years whereas in BNSS 2024 under Section 25, it is now allowed upto twenty years.
Under Section 43 (3) of BNSS 2024 handcuffing has been introduced in heinous crimes. Under Section 173, registration of FIR irrespective of area where offences are committed and registration of FIR by electronic communication has been introduced, but in case of FIR registered through electronic communication it shall be signed in three days by the informant.
Introduction of deemed sanction under Section 218 against public servants if the government is unable to take a decision on sanction within a period of one hundred and twenty days. In the complaint case the accused has been given the right to be heard at the time of taking cognisance under Section 223 BNSS 2024, which was not in the CrPC 1974. The victim has been provided the right to have the copy of the police report and other documents under Section 230 of the BNSS 2024.
Now according to Section 250 of the BNSS, 2024, the accused may prefer the application of discharge within sixty days from the date of commitment of the case under Section 232 of BNSS 2024 which was not there in CrPC 1974. In the CrPC 1974 there was no time limit for the pronouncement of judgement after conclusion of trial, but now under Section 258 of BNSS 2024, “the Judge shall give a judgement in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.” Now under Section 360 of the BNSS 2024, the victim shall be given an opportunity to be heard before the government is allowed to withdraw the case against the accused person.
Under Section 457 of the BNSS 2024, death sentence passed against a woman who is found to be pregnant, shall be commuted to the sentence of imprisonment for life by the High Court. Under Section 472 (1) of BNSS 2024, a mercy petition for the death sentence has to be filed within a period of thirty days. from the day the convict has been informed by the Superintendent of the jail of the expiration of his right to appeal in Supreme Court or dismissal of his appeal, review or special leave to appeal by the Supreme Court and under clause 7 of the same Section, the order of the President or of the Governor on the mercy petition shall be final and shall not be inquired into in any Court.
Conclusion
Several other changes have been introduced in the new criminal laws, and by the implementation of these laws the government has indeed taken an important step to keep the laws abreast with the time. It’s important that advocates as officers of the Court take out time from their profession to educate more and more people about these laws. These laws will help ensure better efficiency of the criminal justice system in India.
(The author is a Supreme Court Advocate; Views are personal)