New Criminal Laws: New Criminal Laws:From July 1, 2024, Delhi has ushered in a new era of criminal law with the implementation of three new legislations that replace the colonial-era Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and the Indian Evidence Act of 1872. These laws are designed to modernize the criminal justice system and ensure swift action from law enforcement agencies.
The three new laws, which have been in preparation for a long time and were passed in Parliament some time ago, are:
- Indian Code of Justice (BNS)
- Indian Civil Defense Code (BNSS)
- Indian Evidence Act (BSA)
A gazette notification was issued in February 2024, and extensive preparations and training have since been undertaken to ensure their smooth implementation. Approximately 50,000 Delhi policemen have received training on these new laws.
Extensive Training for Delhi Police
A senior Delhi Police official stated that a comprehensive training program was organized to familiarize officers with the new laws. In January, a 14-member committee led by Special CP Chhaya Sharma was formed to develop training materials. Policemen practiced by filing ‘dummy FIRs’ during the testing process to better understand the new procedures.
Changes Under the New Laws
Punishment for Serious Crimes
The new criminal law provides for the death penalty for those convicted of raping minors. Gang rape of minors has also been classified as a new crime category. Notably, treason will no longer be considered a crime under this law. Additionally, severe punishments have been introduced for mob lynching, with life imprisonment for perpetrators if the crime involves five or more people and is based on caste or community differences.
Indian Justice Code (BNS) Replacing the 163-year-old IPC, the Indian Justice Code introduces several significant changes:
- Section 4 mandates social service as punishment for certain crimes.
- Up to 10 years of imprisonment and fines for engaging in physical relations under false pretenses of marriage.
- Punishments for marrying under false identity or job-related pretenses.
- Severe penalties for organized crimes such as car theft, kidnapping, robbery, contract killing, economic crimes, and cyber crimes.
- Strict punishments for activities that threaten national security.
Indian Civil Defense Code (BNSS) This law replaces the CrPC of 1973, introducing major procedural changes:
- First-time offenders may get bail after serving one-third of the maximum sentence.
- This provision does not apply to those sentenced to life imprisonment.
- Forensic investigation becomes mandatory for crimes with at least seven years of imprisonment.
- Forensic experts will be responsible for collecting and recording evidence at crime scenes.
- States lacking forensic facilities can use services from other states.
Indian Evidence Act (BSA) Replacing the 1872 Evidence Act, this new law brings in comprehensive changes:
- Detailed provisions on the rules regarding electronic evidence.
- Courts are now required to provide complete information about electronic records.
- Affidavits alone will no longer suffice; detailed explanations are mandatory.
The implementation of the Indian Code of Justice (BNS), Indian Civil Defense Code (BNSS), and Indian Evidence Act (BSA) marks a significant shift in Delhi’s legal landscape, emphasizing timely justice, stringent punishments for serious crimes, and detailed forensic and electronic evidence procedures. These changes aim to create a more efficient and just legal system.
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