Introduction

• OnJuly1st, 2024 three new criminal laws will come into effect, marking a significant overhaul of India’s dated criminal justice
• The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) were passed in Parliament last December, replacing the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872,
• Despite widespread consensus on the need for updates, the consultation process and hasty passage during the pandemic have raised concerns among some legal

Key Changes in the Bharatiya Nyaya Sanhita (BNS)

• The BNS introduces several new crimes. Clause 69 penalizes sexual inter course through deceitful means, including false promises of marriage, employment, or promotion, punishable by up to10years in prison and a
• Critics argue this could criminalize consensual relationship sand fuel the “love jihad”
• Clause 103 recognizes murder on the grounds of race, caste, or community as a separate offense, addressing the Supreme Court’s 2018 directive for a separate law on lynching. This new provision aims to ensure such crimes receive legal
• The BNS also includes offenses such as Organized Crime And Terrorism, previously covered under specific laws like the Unlawful Activities Prevention Act (UAPA) and state-specific laws such as the Maharashtra Control of Organized Crime
• Clause 111(1) defines organized crime broadly, including activities like kidnapping, extortion, and cyber-crimes with severe
• A notable new crime is Snatching, defined in Clause 304 (1) as the sudden, forcible seizure of movable property, distinct from theft and punishable by up to three years in jail.Rearrangement of ProvisionsThe BNS’s structure signals legislative intent. Like the IPC, it starts with chapters on general exceptions, punishments, a abetment, and the Right of Private Defense.However, crimes against women are prioritized before offenses against the state.

New Time lines and Processes in the BNSS

• The BNSS expands police custody from a 15-day limit to upto 90 days, a significant change from the CrPC’s Section 167(2).
• This shift aims to give police more time for investigations but raises concerns about increased custodial torture and forced
• The BNSS introduces tighter time lines for trial completion and mandates that victims be heard before the withdrawal of cases with punishments of seven years or
• Trials in absentia are also introduced, allowing convictions without the accused’s presence in court, a provision that critics argue could undermine fair trial principles.
• Another change is the removal of statutory bail for accused individuals with multiple
• This contrasts with the CrPC, which granted bail if the accused served half of the maximum sentence, as seen in the recent bail granted to JNU student Sharjeel Imam by the Delhi High Court.

Positive Changes

• Among the key positive changes is the Introduction Of Community Service as an alternative punishment for minor offenses like small theft, defamation, and attempts to die by suicide.
• This aims to reduce the prison population and prevent first-time offenders from serving jail time. The BNS also redefines sexual intercourse with a minor wife as rape, addressing a grey area in the IPC regarding married girls aged 15-18.

Remaining Grey Areas

• Despite claims of” doing away with sedition, “the BNS reintroduces the offense under a new name and broader definition, incorporating Supreme Court guidelines from the 1962 Kedarnath Singh
• A significant concern is the exclusion of Section 377 of the IPC, which criminalizes “Carnal Intercourse Against the Order Of “
• The 2018 Supreme Court ruling partially decriminalized consensual same-sex relations but left it applicable for non-consensual acts, often the only recourse for male rape victims. The new laws still do not address male victims of sexual assault

Conclusion

The new criminal laws mark a major change in India’s legal system, modernizing and moving away from colonial- era rules. However, the quick implementation and some unclear areas mean that continued review and adjustments are needed to ensure fair and effective justice.