In December 2023, 3 new Criminal Legislations, namely the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (Evidence Act), respectively. These 3 new Criminal Legislations are expected to be implemented in the next one year.
Some of the key highlights of the New Criminal Legislations are as follows:
1.The Bharatiya Nyaya Sanhita, 2023:
- Retains most offences from the IPC and adds community service also as a form of punishment for several minor offences.
- Terrorism has been added as an offence, which is defined as an act that intends to threaten the unity, integrity, security or economic security of the country or strike terror in people.
- Sedition is no longer an offence, and instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India.
- Organised crime has been added as an offence, which includes crimes such as kidnapping, extortion and cyber-crime committed on behalf of a crime syndicate.
2. The Bharatiya Nagarik Suraksha Sanhita, 2023
- While this Act retains most provisions of the CrPC, it permits all trials, inquiries, and proceedings to be held in electronic mode. Production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial.
- Along with specimen signatures or handwriting, finger impressions and voice samples may be collected for investigation or proceedings.
- Provision for Trial In Absentia has been introduced which enables the relevant Court to commence the trial in the absence of an accused, if the accused does not appear before the Court within 90 days from the date of framing of charge.
- Search procedures by police officers are to be recorded visually through videography.
- The judgement must be pronounced in a period of 30 days from the conclusion of hearing in a case; and if required, this period may be extended to 45 days.
3.The Bharatiya Sakshya Adhiniyam, 2023
-
- Retains most provisions of the Evidence Act including those on confessions, relevancy of facts, and burden of proof.
- Classifies electronic records as primary evidence and not secondary evidence. Electronic or digital records will have the same legal effect as paper records. It expands such records to include information stored in semiconductor memory or any communication devices (such as smartphones, laptops).
- Expands secondary evidence to include oral and written admissions and the testimony of a person who has examined the document and is skilled in the examination of documents.
- Oral evidence has been permitted to be given by electronic means.
The Bharatiya Nyaya Sanhita, 2023 can be accessed at:
https://egazette.gov.in/(S(y5sbzizxuh2ldgooxspez2ia))/ViewPDF.aspx
The Bharatiya Nagarik Suraksha Sanhita, 2023 can be accessed at:
https://egazette.gov.in/(S(31bkhudw4fmlrfsfy3354boy))/ViewPDF.aspx
The Bharatiya Sakshya Adhiniyam, 2023 can be accessed at:
https://egazette.gov.in/(S(nmsvfjcy2aigwocr4v1rmbf0))/ViewPDF.aspx