A BRIEF INTRODUCTION TO NEW CRIMINAL LAW: AS NOTIIFIED

 

A BRIEF INTRODUCTION TO new cRIMINAL law: AS NOTIIFIED

 

Today, on 1^st July 2024 new criminal law are formally set in motion replacing the colonial law- Indian Penal Code 1860  (Now named as Bhartiya Nyaya Sanhita 2023 or BNS), Indian Evidence Act 1872 (Bhartiya Sakshya Adhiniyam 2023 or BSA) and also that of Criminal Procedure Code (Bhartiya Nagrik Surakhsa Sanhita 2023  or BNSS). There are some comprehensive changes in the criminal law with imprint of necessary changes with a view to amalgamate perceived changes necessary to be incorporated in this regard and to invigorate the criminal justice system of India.  Since, the changes are comprehensive, thus, the Sections in the old Acts are vastly reduced if it is compared to erstwhile Indian Penal Code. However, other two Acts i.e Indian Evidence Act 1872 and Code of Criminal Procedure 1973, replaced as BNSS 2023 and BSA 2023, the number of sections are in fact not enhanced. The changes so included in the aforesaid enactments are vast and comprehensive.

Since, the present write up is introductory, therefore, only the broad contour of the aforesaid acts shall be deliberated herein, for the present.

To begin with, let us understand the broad contour of Code of Criminal Procedure or Cr.P.C, now named as Bhartiya Nagrik Surakhsa Sanhita) 2023. The erstwhile Code, i.e  Cr.P.C 1973 contained 484 sections, however, BNSS contains 531 Sections.

It may be worthwhile to show in tabular form the Sections in Cr.P.C and corresponding Act i.e in BNSS as displayed in the following table:   

Cr.P.C 1973	Bhartiya Nagrik Suraksha Sanhita 2023
154	173
200	223
204	227
205	228
210	233
317	355
320	359
397	438
399	440
401	442
437	480
438	482
439	483
482	528

 

The Criminal Procedure Code contains the procedure set out for conducting proceedings in courts or police. Some of the substantive sections that may be narrated in nutshell herein are section 154, Section 200, 205, 210 and Section 317. The Section 154 deals with registration of F.I.R in cognizable offence, whereas in BNSS the same finds mention in section 173. Similarly, section 200 of Cr.P.C relates to treating a complaint as private case/ summon case as per section 223 of BNSS. Similarly, Section 204 and 205 of Cr.P.C so far as relating to power of Magistrate for issuing process and section 205 (for exemption from personal appearance of accused during trial), respectively. Section 317 of Cr.P.C relating to power of granting exemption from personal appearance of accused and/or permanent exemption and that power as per BNSS corresponds to Section 355.

The section 320 of Cr.PC lists the offences, under the Indian Penal Code as compoundable or non compoundable and the similar provisions as per BNSS 2023 is under section 359.

The power of criminal revision as per Cr.P.C u/s 397 and 399 in the corresponding BNSS finds mention in 438 and 440. Similarly, the power of revision in High Court as per the Cr.P.C is contained in section 401, whereas, in BNSS the same finds mention in 442. The power of granting regular bail by a Magistrate in Cr.P.C is in section 437, whereas in BNSS the same correspond to 480. Similarly, the power of regular bail for the Courts of Session and High Court finds mention in section 439 of Cr.P.C, whereas the same correspond to section 483 of BNSS. The provision of anticipatory bail as contained in section 438 of Cr.P.C now corresponds to section 482 of BNSS. The inherent power of high court for seeking quashing of F.I.R/charge sheet or quashing of proceedings are part of section 482, whereas in BNSS the same correspond to section 582.

The BNSS 2023 provides for use of technology and forensic science in the process of investigation of crime and in furnishing lodging of information, service of summons through electronic communications. It is also significant, since, specific timeline is provided for investigation, trial and pronouncements of judgments. The complainants are to be updated about progress of investigation. The victims shall have to be compulsorily informed about withdrawal of cases and opportunity of being heard in matters entailing punishment of Seven (7) years or more. Not only that, even in petty offence cases, summary trial is made compulsory. The accused persons may also be examined through video conferencing. The BNSS contains 531 sections, substantially more than 484 sections as contained in erstwhile Cr.P.C.

Indian Penal Code and Bhartiya Nyaya sanhita

Similarly, Indian Penal Code 1860 is replaced to Bhartiya Nyaya Sanhita (BNS) 2023 and the following table shall depict the sections of IPC 1980 as correspond to sections of BNS 2023.

Indian Penal Code 1860	Bhartiya Nyay Sanhita 2023
34	2(1)2(25)
120	59
195	230
300	100
302	102
304	104
304 A	105
304-B	106
307	108
354	132
354 A	74
354 B	75
354 C	76
354 D	77
363	138
365	140(2)
376	63
379	303(1)
380	303(1)
384	308(1)
403	310(5)
420	319(2)
448	329(3)
467	338
468	336(3)
471	340(2)
506	351(2)(3)
509	79
511	62

 

In BNS offences against women and children and offences against state have been given precedence. It is also significant to mention that some offences are made gender neutral in BNS. With a view to deal with effectively, offences related to terrorism and organized crimes suitable punishments are prescribed. It is also noteworthy to point out that offences such as armed rebellion, subversive activities, separatist activities or acts endangering sovereignty and/or unity and integrity of India has also been added. The measures such as punishment has been enhanced in respect of many offences. There are 358 sections in BNS as compared to 511 in Indian Penal Code.

Indian EVIDENCE ACT and Bhartiya SAKSHYA ADHINIYAM  2023

Indian Evidence Act 1872	Bhartiya Sakshya Adhiniyam 2023
5	3
6	4
7	5
8	6
9	7
10	8
25	23(1)
27	23(2)
32	26
65 A	62
65-B	63
91	94
92	95
138	143

 

The BNSS significant, as “evidence” now includes any information given electronically and appearances of witnesses, accused, experts and victim are permitted through video conferencing. What is further significant in this context is that impetus is provided to secondary evidence and scope of it is expanded. The electronic evidence and digital record shall have the same legal effect and enforceability as any other evidence. The BSA 2023 also seeks to introduce more precise and uniform rules of practice in Courts while dealing with evidence.   

The Indian Evidence Act had 167 sections, whereas BSA 2023 has 170 sections, thus, by and large number of sections are same in both the enactments.

Thus, a new criminal law is in place and the old Acts i.e Indian Penal Code 1860, Indian Evidence act 1872 and Criminal Procedure Code 1973 perceived as a legacy of colonial regime, no longer existed, as on today i.e on 1^st July 2024 the aforesaid enactments i.e BNS 2023, BNSS 2023 and BSA 2023 are in place entailing comprehensive changes in the previous enactments. How the aforesaid new Acts shall be received and whether the new criminal law shall cater to the need of the hour and / or the new law shall in deed aid the administration of justice and still further, whether, the safety and security of citizens and offence against the state have been dealt with adequately or not, only time shall reflect on that.   

                                           ________

                          Anil K Khaware

Founder & Senior Associate

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