The new legislative overhaul to modernize and Indianize the three essential criminal laws is an attempt to align them with contemporary social needs and demands. Whether India’s vast legal and social system is ready to adapt to the three new proposed Criminal Acts—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—is a crucial question. This exploration will examine how these new Acts adapt to modern challenges.
The erstwhile IPC (Indian Penal Code) 1860, CrPC (Criminal Procedure Code) 1973, and Indian Evidence Act 1872 were enacted during British colonial administration and designed to serve colonial imperatives. The IPC was drafted by Lord Macaulay, the first member of the Governor General’s Council, and was tasked with drafting the criminal laws in the aftermath of the Sepoy Mutiny of 1857. The old criminal laws were made with the intent of ruling the Indian people with an iron fist. The philosophy of these old laws was to provide punitive and retributive justice, focusing on punishment over rehabilitation. Despite various amendments after independence, colonial laws did not account for technological advancements and challenges. Procedural complexities and delays inherent in the colonial laws have been addressed by the new laws through time-bound investigations and trials.
The new laws, however, emphasize rehabilitation, particularly for juveniles, and adopt a more victim-centric approach by including victim compensation schemes and witness protection programs. These are steps towards a more compassionate justice system. By incorporating provisions for cybercrime and digital evidence, the new laws ensure that the justice system is equipped to handle modern challenges. This evolution reflects a broader recognition that criminal laws must be adapted to the changing modern landscape to uphold societal law and order. The new laws also address the problem of backlogs and delays in the delivery of justice. The introduction of summons through electronic means, such as email and SMS, has significantly improved the efficiency of the process. In the past, the service of summons was a time-consuming process and resulted in delays due to the unavailability of recipients or incorrect addresses.
The BNS (Bharatiya Nyaya Sanhita) Act aims to penalize actions that pose a threat to the unity, integrity, and sovereignty of the nation. The BNS consists of 358 sections in contrast with the IPC, which contained 511 sections. It now differentiates between minor and serious crimes. Organized crime, including offenses like kidnapping, extortion, and cybercrime, is now recognized and penalized. In various instances, the Hon’ble Supreme Court has suggested that the Union Government make a special law on mob lynching, and in the new act, it has been introduced as an offense with severe penalties committed by groups based on identity markers such as caste, language, or personal belief. Terrorism is defined for the first time and added as an offense to address national security challenges and public safety in Section 113(1), alongside “Economic Security,” which has been added to address economic-related terrorism and activities.
The BNSS (Bharatiya Nagarik Suraksha Sanhita) is meticulously designed to simplify and expedite criminal procedures, thus aligning with Article 21 of the Indian Constitution. It contains 531 sections, a significant increase from 484 in the CrPC. One notable change that aligns with modern challenges is Section 176, which now mandates an appointed key expert to conduct on-site investigations of crimes with punishments of 7 years or more. By adapting to the modern technological realm, Section 173 of the BNSS allows digital methods to conduct trials, investigations, and inquiries, streamlining the process and reducing paperwork. One revolutionary concept of ‘Zero FIR’ has been introduced, giving individuals the right to lodge FIRs at any police station for cognizable offenses regardless of jurisdictional issues. The maximum detention period in police custody is extended from 15 days to 90 days for serious offenses—a significant departure from the CrPC’s 90-day limit.
The Bharatiya Sakshya Adhiniyam (BSA) heralds a modern approach to the treatment and handling of evidence in the Indian judicial system. It consists of 170 sections, a minimal increase from 167 in the previous act. With the advent of technological advancements, much more emphasis is given to electronic evidence. Section 57 of the BSA emphasizes the recognition of electronic records as primary evidence. Section 28 of the BSA defines documents by including electronic and digital records. Section 2(1)(d) has been expanded to include electronic or digital records such as emails, documents on computers, laptops, smartphones, websites, etc. It provides legal practitioners, law enforcement agencies, and the judiciary with a comprehensive framework to deal with digital evidence. Section 2(1)(e) defines evidence and has been expanded to include any information electronically. These advancements make it possible for witnesses to testify from any corner of the world, ensuring that digital records hold the same significance as traditional paper documents.
The evolution of criminal laws is a testament to society’s commitment to justice, reflecting the need to address and tackle contemporary challenges. From cybercrime to terrorism, laws need to be adapted to safeguard common citizens in an increasingly complex world. These three laws are made with the intent to adapt to future challenges onboard and are made by Indians to give speedy justice to Indians and to protect vulnerable segments of society.
Author: Utkarsh Singh, 2nd Year Student at Maharashtra National Law University , Nagpur