1st July 2024 (11 Topics)
The New Criminal Laws
Context
Three new criminal laws came into effect from July 1, 2024. The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), passed in Parliament will replace the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872 respectively.
About the New Law
|
Previous Act/Code |
New Law |
|
Indian Penal Code, 1860 |
Bharatiya Nyaya Sanhita (BNS) |
|
Criminal Procedure Code, 1898 |
Bharatiya Nagrik Suraksha Sanhita (BNSS) |
|
Indian Evidence Act, 1872 |
Bharatiya Sakshya Adhiniyam (BSA) |
- The new law seeks to replace the colonial-era sedition lawwhich was mainly used against Indian political leaders seeking independence from British rule.
- Also, the state-of-the-art technologieshave been incorporated in these laws.
- The objective of these laws is not to punish anyone but give justice and in this process punishment will be given where it is required to create a sense of prevention of crime.
Why there is a need for reforms?
- Colonial Legacy: The laws we currently use for justice are leftovers from British rule, designed to control the nation. Their relevance in today's world is questionable.
- Ineffective Justice System: Instead of protecting the innocent and punishing the guilty, the justice system often harasses ordinary people.
- Backlog of Cases: There are about 35 million pending cases in India’s courts, especially in local and district courts. This delay denies justice to many.
- High Number of Undertrials: India has one of the highest numbers of undertrial prisoners globally. Over two-thirds of our prison population are awaiting trial.
- Police Challenges: The police, crucial in the justice system, face issues like corruption, heavy workloads, and lack of accountability. These hinder fair and timely justice delivery.
Key Changes Introduced by Bharatiya Nyaya Sanhita (BNS) |
|
|
Deceitful Sexual Intercourse |
Clause 69 of the BNS criminalizes sexual intercourse obtained through deceitful means, such as false promises of marriage or employment. |
|
Murder Based on Race, Caste, or Community |
Recognizes murder motivated by factors like race or caste as a distinct offense (Clause 103). |
Inclusion of Other Offenses |
|
|
Organized Crime and Terrorism |
Covers crimes like organized crime and terrorism, previously handled under separate laws like UAPA. |
Mob Lynching and Hate Crimes
|
BNS defines mob lynching as murder committed by a group of five or more individuals based on factors like race, caste, community, or personal belief. Offenders face life imprisonment to death penalty, aligning with murder charges. |
Attempt to Suicide
|
Criminalizes attempts to commit suicide to influence or restrain public servants from performing their duties. Penalty includes jail time up to one year and potential community service. |
|
Snatching |
Defined separately from theft, with stricter penalties. |
Revised Structure |
|
|
Offenses Against Women |
Given higher priority in the law's structure compared to previous laws. Changes in BNSS |
|
Fake News |
Criminalizes the dissemination of false and misleading information that could harm communal harmony. |
|
Sedition |
Renamed as 'deshdroh,' expands to include acts supporting separatist activities. |
Procedural Changes |
|
|
Extended Police Custody |
Allows police to detain suspects for up to 90 days for investigation, an increase from the previous 15-day limit. |
|
Trials in Absentia |
Introduces the concept of trials in absentia, where accused individuals can be tried even if they are not present in court. |
Victim-Centric Approach |
|
|
Timely Trials |
Imposes stricter timelines for completing trials, ensuring victims are heard before cases are withdrawn by the government. |
Positive Aspects and Concerns
|
Positive Changes |
Remaining Concerns |
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