July 1, 2024 is an important date for the Indian judicial system as three new criminal codes will come into effect. Last December, three new criminal codes, namely the Indian Standards of Statute (BNS), the Indian Standards of Statute (BNSS) and the Indian Standards of Statute (BSA), were passed by Parliament. These three new criminal codes will replace the existing Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively.
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Since India gained independence from colonial rule, the three penal codes have been amended several times. However, this time, these penal codes need to be significantly revised. Indian Home Minister Amit Shah said that the newly enacted laws reflect the laws made by Indians for Indians. It is worth noting that some legal experts believe that although the new laws will bring major changes, they do not actually “overhaul” the existing laws.
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BNS – Introducing new changes
The new Indian law replaces the Indian Penal Code. The new Indian law will introduce several new offences. One new offence that deserves a detailed discussion is Section 69. This section is designed to punish sexual intercourse by “deceptive means”. The penalty for such an offence is up to 10 years’ imprisonment and a fine. “Deceptive means” here include false promises of promotion or employment, marriage or seduction after concealing one’s identity.
The law has been praised but also criticized, with critics arguing that it criminalizes consensual relationships in certain circumstances.
The penal code has undergone a major change under the new Section 103 of the BNS, which treats murder based on caste, community or ethnicity as a special crime. There have been several cases of such crimes in the country in recent times. The new law will now ensure that such crimes get the necessary legal recognition.
The BNS also intends to introduce more changes. These are offences like organised crime and terrorism. These were previously under the purview of specific laws. The BNS has taken inspiration from the UAPA to make provisions related to terrorism. Organised crime mentioned in Section 111(1) of the BNS includes “any ongoing unlawful activity” including robbery, extortion, kidnapping, vehicle theft, contract killing, land grabbing, cyber crime, economic crime, trafficking in drugs, people, illegal services or goods, arms, people, cyber crime with grave consequences. Trafficking in people for the purpose of extortion or prostitution. However, it is worth noting that the terms like “cyber crime with grave consequences” are ambiguous in interpretation and therefore require further clarification.
Section 304(1) of the Indian Statute Book defines snatch. Anyone who has read the Indian Penal Code knows that snatch added to the above section is a “new” offence, distinct from theft. However, the punishment for both offences is the same, up to three years’ imprisonment.
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There are several similarities between the BNS and the IPC. For example, both begin with chapters on general exceptions, punishment, and abetment. Both penal codes further extend the right of private defense.
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The Indian Criminal Procedure Code replaced the Criminal Procedure Code, 1973. The Criminal Procedure Code provides for procedures such as prosecution, arrest, bail, etc.
India’s National Criminal Court has made forensic investigation mandatory for crimes punishable by seven years or more in prison. Forensic experts will go to the crime scene to collect forensic evidence and document the crime.
All investigations, proceedings and trials will be conducted electronically.
The production of electronic communications should be permitted for the purpose of investigation, trial or inquiry.
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Indian Legal System (BSA) – Introducing New Changes
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The Indian Penal Amendment Act is a new law that replaces the Indian Evidence Act. The new penal code aims to change the way evidence is handled in India. One of the major changes introduced by the Indian Penal Amendment Act is the permission for “electronic and digital records”. This new provision covers a wide range of electronic records including server logs, emails, laptops, files stored in devices, location information, website content, messages, etc.
Oral evidence obtained electronically is also permitted under the BSA. In addition, to better protect victims in rape cases, the victim’s statement will be recorded by audio and video. This also enhances the transparency of the investigation.
Another important change brought about by the Indian law is the expansion of the scope of “secondary evidence”. Now, both written and oral confessions will be included in the scope of secondary evidence.
Summarize
July 1, 2024 is a pivotal day for the Indian judicial system as it will see the implementation of the BNS, BNSS and BSA. Designed to replace the long-standing Indian Penal Code, the Criminal Procedure Code and the Indian Evidence Act, the new penal codes bring important updates designed to address modern issues in the country. The BNS recognizes new crimes. The BNSS makes forensic investigations a mandatory procedure and digitizes legal proceedings. The BSA modernizes the way evidence is handled by welcoming electronic and digital records. It further enforces transparency in sensitive issues.
The three new penal codes have received mixed reviews and a fair share of criticism, marking a significant step in the evolution of India’s legal system.
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Source: https://dinhtienhoang.edu.vn
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