New Criminal Laws in India BNS 2023 - Important Changes Over Previous Acts


 

New Criminal Laws in India BNS 2023

New Acts were passed in 2023 and made applicable w.e.f. 1 July 2024

In India, 3 Old Criminal Acts were replaced with New Criminal Acts. New Acts were passed in 2023 and made applicable w.e.f. 1 July 2024

1. Indian Penal Code (IPC) 1860, Replaced with Bharatiya Nyaya Sanhita (BNS)

2. Criminal Procedure Code (CrPC) 1973, with Bharatiya Nagarik Suraksha Sanhita (BNSS)

3. Indian Evidence Act 1872 with Bharatiya Sakshya Adhiniyam (BSA)

Following are some of the major changes/modifications in each of these new Criminal and Evidence Acts.

Bharatiya Nyaya Sanhita (BNS) Important Changes (Over Old Indian Penal Code 1860)

  1. Community Service has been included in BNS as a punishment for the first time for petty offences like misconduct by drunken person, attempt to commit suicide, Defemation etc. Community Service means the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be paid any remuneration.

  2. Newly introduced the Punishment for mob-lynching in the BNS

  3. New Offenses such as Organized Crime, Petty Organised crime and Offenses under terrorist Act are included.

  4. Hit and Run Cases are included as crime instead of cases of negligence under old IPC

  5. Definition of Theft is widened to cover the theft of intangible assets like Digital Data treating it as movable property.

  6. Snatching is treated as separate offence other than Theft

  7. Mere possession of counterfeit currency without the intention to use the such currency as genuine is not an offense

Bharatiya Nagarik Suraksha Sanhita (BNSS) (Over Old Criminal Procedure Code 1973)

Introduced following basic modifications on the following points over Old Criminal Procedure Code 1973

  1. Digital FIRs, mandatory filing in serious cases

  2. Time-bound trials for serious offenses

  3. Compulsory forensic investigation for major crimes

  4. Mandatory video recording of crime scenes

  5. Simplified, with clear guidelines

Bharatiya Sakshya Adhiniyam (BSA) Important Changes (Over Old Indian Evidence Act 1872)

  1. Broader acceptance of digital evidence (e.g., WhatsApp chats, emails, cloud data, etc.)

  2. Easier admissibility Admissibility of Electronic Records with clear authentication rules

  3. Digital Forensics for carrying out forensic examination is Mandatory in serious crimes

  4. Simplified process for using electronic copies as evidence or Secondary Evidence

  5. Digital evidence in the form of Electronic Records has presumptive validity if certified.

  6. Witness Testimonies are Allowed by video conferencing for witness statements

  7. CCTV footage is admissible as primary evidence

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