On 21st June 2024, The Department of Personnel and Training (DoPT), the Ministry of Personnel, Public Grievances and Pensions(MoPPG&P) announced that 3 new criminal laws: Bharatiya Nyaya (Second) Sanhita (BNS2) Act, 2023; Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Act, 2023; and Bharatiya Sakshya (Second) Adhiniyam Act, 2023 will come into effect from 1st July, 2024.
- These 3 new criminal laws have repealed the British-colonial era laws: the Indian Penal Code (IPC), 1860; the Criminal Procedure Code (CrPc), 1973 and the Indian Evidence Act (IEA), 1872 respectively.
- The President of India, Droupadi Murmu gave assent to these 3 new criminal laws on 24th December, 2023.
Note: On 19th June 2024, the Union Cabinet chaired by Prime Minister (PM) Narendra Modi has approved the proposal of the Ministry of Home Affairs (MoHA) for the National Forensic Infrastructure Enhancement Scheme (NFIES) with budget of more than Rs 2200 crore from FY25(2024-25) to FY29 (2028-29).
Key Features BNS2 Act, 2023:
i.The Act retains the provisions of the IPC which criminalises acts such as: rape, stalking and insulting the modesty of a woman, among others. It also increased the maximum age of the victim from 16 to 18 years, in case of gangrape.
- The new act will feature 358 sections, replacing the 511 sections of the Indian Penal Code (IPC). This new code introduces 20 new crimes, increases imprisonment sentences for 33 crimes, raises fines for 83 crimes, and mandates minimum punishments for 23 crimes.
ii.The Act considers murder by a group of 5 or more persons on grounds of caste, language or personal belief as an offence. It has the provision of penalty for such crimes: life imprisonment or death, and with a fine.
iii.The Act eliminates the sedition as an offence but, it retains certain aspects of sedition such as: to excite or attempt to excite secession, armed rebellion; to encourage the feelings of separatist activities or to endanger the sovereignty or unity and integrity of India.
iv.The Act classified offences such as: kidnapping, extortion, contract killing, among others as organised crimes.
- These organised crimes are considered as punishable offence with penalties such as: death or life imprisonment and fine up to Rs 10 lakh or, imprisonment between 5 years and life, and minimum fine of up to Rs 5 lakh.
v.The Act retains the age of criminal responsibility at 7 years. But, it can be extended to 12 years based on the maturity of the accused.
Key Features of BNSS2 Act, 2023:
i.The BNSS2 Act, 2023 repealed the CrPC, 1973. It governs the procedure for investigation, arrest, prosecution and bail for offence.
- The Act will contain 531 sections, an increase from the 484 in the CrPC. It modifies 177 provisions, adds nine new sections and 39 new sub-sections, incorporates 44 new provisions and clarifications, and includes timelines in 35 sections along with audio-video provisions. Fourteen sections have been repealed.
ii.It is now mandatory to conduct forensic investigation for offences punishable with 7 years of imprisonment or more.
- The BNSS2 allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. This may lead to denial of bail for the entire period if the police has not exhausted the 15 days custody.
iii.The Act has retain the provision of CrPC, 1973, under which, if an accused has spent half of the maximum imprisonment in detention, has the right to get bail.
- As per the BNSS Act 2023 this provision is not applicable to: offences punishable by life imprisonment and persons against whom proceedings are pending in multiple offences.
- It has also the provision that if a 1st-time offender has served 1/3rd of maximum sentence, then, he or she is entitle to get bail.
iv.The Act has retain the provision of CrPC, 1973 which empowers the Magistrate to order any person to provide specimen signatures or handwriting but has also expand it to: finger impressions and voice samples.
- This provision of the Act is also applicable to a person who has not been arrested.
v.The Act permits the use of handcuffs in various types of cases including, organised crime.
Key Features of the Bharatiya Sakshya (Second) Adhiniyam Act, 2023:
i.It repealed the Indian Evidence Act (IEA), 1872. It retains most provisions of the IEA, 1872 such as: confessions, relevancy of facts or burden of proof.
- The Act will encompass 170 provisions, replacing the original 167. It modifies 24 provisions, adds two new provisions and six sub-provisions, and repeals six provisions.
ii.The Act retains the original classification of evidence i.e. documentary or oral. It classifies electronic records as documents.
iii.The Act extend the definition of joint trial, in which a trial of multiple persons where an accused has absconded or has not responded to an arrest warrant.
iv.The Act introduces new categories under secondary evidence are: Oral and written admissions and Testimony of a person who has examined the document and is skilled to examine the documents.
About Ministry of Home Affairs (MoHA):
Union Minister- Amit Shah (Lok Sabha constituency- Gandhinagar, Gujarat)
Minister of State (MoS)- Nityanand Rai (Lok Sabha constituency- Ujiarpur, Bihar); Bandi Sanjay Kumar (Lok Sabha constituency- Karimnagar, Telangana)
