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One Year of New Criminal Laws
« »04-Jul-2025
Source: The Hindu
Why in News?
On July 1, 2024, the Government of India formally replaced three colonial-era laws with new codes—namely, the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). The stated objective was to align criminal law with constitutional values, ensure speedy justice, and eliminate outdated colonial concepts. This legislative overhaul aimed to incorporate technological advancement, reinforce victims’ rights, and prioritise national sovereignty in defining offences.
Read More: https://www.drishtijudiciary.com/editorial/the-new-criminal-laws
What Are the Key Changes Introduced by BNS, BNSS and BSA?
|
Old Law |
New Law |
Major Changes Introduced |
|
Indian Penal Code, 1860 |
Bharatiya Nyaya Sanhita, 2023 (BNS) |
Replaced sedition with “acts against the sovereignty of India”; Introduced harsher penalties for crimes like mob lynching and gang rape of minors; Section 69 criminalises false promise of marriage. |
|
Code of Criminal Procedure, 1973 |
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) |
Mandated video-recording of search and seizure; allowed zero FIR registration and online complaint filing; Introduced definitions of bail and bail bond; Removed the position of Metropolitan Magistrate |
|
Indian Evidence Act, 1872 |
Bharatiya Sakshya Adhiniyam, 2023 (BSA) |
Recognised electronic and digital records explicitly; made forensic certificates admissible; Section 63(4) requires certification from both device custodian and expert for digital evidence. |
What are Major Changes under BNSS?
- BNSS has transformed several key procedures. First Information Reports are now registered under Section 173 of BNSS instead of Section 154 of the CrPC.
- The provision of Zero FIR, which enables filing of FIRs at any police station irrespective of jurisdiction, is now officially codified.
- And has introduced statutory deadlines—such as informing the victim of investigation progress within 90 days, supplying police reports within 14 days to the accused, and framing charges within 60 days of filing the charge sheet.
- There is a provision for mandatory videography of crime scenes for all heinous crimes (Section 176 (3) of BNSS).
- Judgment in criminal cases must be delivered within 45 days of the trial's completion (Section 258 of BNSS).
How Is Electronic and Forensic Evidence Handled Now?
- BSA has modernised the admissibility of evidence by introducing specific provisions on digital records.
- Section 61 of BSA uses the term “digital record”, while Sections 62 and 63 refer to “electronic record”, creating some interpretational confusion.
- Section 63(4) of BSA requires both the custodian of the device and a notified expert to certify the record for admissibility—although the procedure for expert notification remains unclear.
- Meanwhile, BNSS mandates that forensic examination must be conducted in all cases where punishment exceeds 7 years, and the Ministry of Home Affairs has promoted the use of the e-Sakshya app for on-ground digital documentation of evidence.
What Is the e-Sakshya App and How Does It Work?
- Developed by National Informatics Centre (NIC) in consultation with the Ministry of Home Affairs, the e-Sakshya app allows investigating officers to record photos and videos of crime scenes with geotagging and timestamps. These recordings are uploaded to the National Government Cloud and stored in “Sakshya lockers”.
- This tool is applicable to six provisions under BNSS, including Sections 105 (search and seizure), 173 and 180 (statement recording), and 497 (custody of property).
- It also prevents misuse by ensuring the presence of the investigating officer through self-captured images.