On 3rd December 2024, Prime Minister (PM) Narendra Modi dedicated the successful implementation of three new Criminal Laws to the nation during the program organised with the theme “Secure Society, Developed India – From Punishment to Justice” in Chandigarh.
- Chandigarh has become the 1st Union Territory (UT) in the country to fully implement the Bharatiya Nyaya (Second) Sanhita (BNS2) Act, 2023; Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Act, 2023; and Bharatiya Sakshya (Second) Adhiniyam(BSA2) Act, 2023.
Key Points:
i.The three new criminal laws- BNS2 Act 2023, BNSS2 Act 2023 and BSA2 ACT 2023 came into effect on 1st July 2024, replacing the British-era Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPc) 1973 and the Indian Evidence Act 1872, respectively.
ii.These laws are available in all the languages in the 8th Schedule through the Bhashini Application(app).
iii.E-Vaarta facility has also been introduced in Chandigarh between the police, judiciary, forensic, prosecution and jail through the Inter-Operable Criminal Justice System (ICJS).
iv.The programme also showcased the practical application of these lawsincluding the use of Artificial Intelligence (AI), advanced forensic methods and digital evidence to solve crimes and ensure speedy justice
About New Criminal Laws:
Bharatiya Nyaya (Second) Sanhita (BNS2) Act, 2023:
i.The Bharatiya Nyaya (Second) Sanhita (BNS2) Act, 2023 replaces the IPC. It has retained acts such as rape, stalking and insulting the modesty of a woman as criminal activities. It has increased the maximum age of the victim from 16 to 18 years of age in the case of gangrape.
ii.The BNS comprises 20 chapters and 358 sections. The punishment of imprisonment has been increased for 33 offences, and fines have been increased for 83 offences. A mandatory minimum punishment has been introduced for 23 offences.
iii.It considers murder or grievous hurt by 5 or more people on specified grounds, as an offence. The punishment for such murder is life imprisonment or death.
iv.It removes the offence of sedition and penalises the following: (i) exciting or attempting to excite secession, armed rebellion, or subversive activities, (ii) promoting separatist activities, or (iii) endangering the sovereignty or unity and integrity of India.
v.The Act has classified offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime as Organized crimes.
- It will have a punishment of (i) death or life imprisonment and a fine of Rs 10 lakh or (ii) imprisonment between five years and life, and a fine of at least five lakh rupees.
vi.It has retained the age of criminal responsibility at 7 years but can be extended to 12 years as per the maturity of the accused.
Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Act, 2023 :
i.The Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Act, 2023 seeks to replace the Criminal Procedure Code, 1973 (CrPC). The CrPC provides for the procedure for arrest, prosecution, and bail.
ii.It has mandated forensic investigation for offences punishable with 7 years of imprisonment or more.
iii.The Act has allowed 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 have not exhausted the 15 days custody.
iv.The Act has retained a provision under which, if an accused has spent half of the maximum period of imprisonment in detention, he is entitled to get bail.
- The Bill adds that this provision will also not apply to: (i) offences punishable by life imprisonment, and (ii) persons against whom proceedings are pending in more than one offence.
v.The CrPC allows a Magistrate to order any person to provide specimen signatures or handwriting and it has been expanded to include finger impressions and voice samples.
- It allows these samples to be collected from a person who has not been arrested.
vi.The BNSS2 Act 2023 provides for the use of handcuffs during arrest.
- Handcuffs may only be used to arrest: (i) a habitual or repeat offender who has escaped custody, or (ii) a person accused of offences such as rape, acid attack, organised crime, economic offences, acts endangering sovereignty, unity and integrity of India.
Bharatiya Sakshya (Second) Adhiniyam(BSA2) Act, 2023:
i.The Bharatiya Sakshya (Second) Adhiniyam(BSA2) Act, 2023 is a law that replaces the Indian Evidence Act, 1872 (IEA). It retains most provisions of the IEA including those on confessions, relevancy of facts, and burden of proof.
ii.The Act has retained the original classification of evidence – documentary and oral. It also includes electronic records in the definition of documents.
iii.It expands secondary evidence to include: (i) oral and written admissions, and (ii) the testimony of a person who has examined the document and is skilled in the examination of documents.
iv.It has also extended the definition of joint trial in which a trial of multiple persons, where an accused has escaped or has not responded to an arrest warrant, will be treated as a joint trial.
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