India’s New Criminal Justice Bills 2024: Bharatiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Bills Explained

In 2024, India is witnessing a significant overhaul of its criminal justice system with the introduction of three new bills: the Bharatiya Nyay Sanhita Bill, the Bhartiya Nagrik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill. These bills are going to be in effect from 1 July 202. These bills replace the existing Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1898, and the Indian Evidence Act of 1872, respectively. The changes and new bills are designed to modernise the legal framework which makes it more responsive to contemporary needs and technological advancements. Let’s know in detail about all three new bills: the Bharatiya Nyay Sanhita Bill, the Bhartiya Nagrik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill-

Bharatiya Nyaya Sanhita Bill, 2023

Bharatiya Nyaya Sanhita Bill, 2023 replaced the Indian Penal Code (IPC) of 1860 during the British colonial era. This bill marks a transformative shift in India’s approach to substantive criminal law. This bill removed the ambiguities and redundancies which was a problem in the Indian Penal Code (IPC) of 1860. This new bill is more straightforward and comprehensible. This bill introduces several critical repeal and modifications to the sections as well as introduces new laws:

• Definition of New Crimes: The bill clearly defines terrorism, separatism, and armed rebellion, providing a structured legal response to these issues. The law is more straightforward for legal practitioners and the general public.

• Sedition Repeal: The offence which had been a contentious issue of sedition, is omitted meaning that the law is in line with the modern democratic principles that allow for freedom of speech. Sedition is substituted with sections that deal with rebellion, secession, and acts which are prejudicial to the unity of the state.

• Capital Punishment for Mob Lynching: Understanding the severity of the crime in mob violence, the bill proposes capital punishment as a penalty for mob lynching.

• New Sexual Offences: The bill includes a provision for up to 10 years of imprisonment for those who engage in sexual intercourse under false pretexts of marriage.

• Community Service:: New to law for the first time, community service is being incorporated as a form of punishment with a penal intention of revoking the prison’s full capacity to accommodate offenders while at the same time reforming them.

• Speeding Up Trials: The bill also prescribes 180 days for filing of charge sheets to put pressure on the judiciary to speed up its speed.

Bhartiya Nagrik Suraksha Sanhita Bill, 2023

Bhartiya Nagrik Suraksha Sanhita Bill replaced the Criminal Procedure Code (CrPC) of 1898. This new law is focused on the modern investigative and trial processes and proves the law enforcement. Problems faced in the Criminal Procedure Code (CrPC) of 1898 like procedural delays, bureaucratic hurdles, and insufficient crime investigation are eliminated under this bill. It focuses on procedural reforms:

• Digitalisation and Modernisation: This bill reduces the paperwork, minimises paperwork, and minimises errors with digitalisation. It is mandated to use digital records or e-governance platforms for all documentation. The introduction of e-FIR allows individuals to file a complaint online, which makes the whole process accessible and easy.

• Use of Technology: It encourages the use of video-conferencing for trials and appeals which allows sparing time for preparing a defence and appealing the decision of the lower court while video-recording is required when taking the statements from sexual violence survivors to avoid any further pressure on the victim.

• Zero FIR and e-FIR: Under this bill, the concept of Zero FIR and e-FIR is introduced for complaints. Victims can file a complaint to any police station through online mode. Later, the case will be transferred to the appropriate station. In addition, they can also check the status of every step online, which will reduce corruption and negligence.

• Police Accountability: This bill insists that the police give updates on the status of the complaints within 90 days, thus bringing about transparency. It is a strict step that has been required in our criminal justice system for a long time.

• Streamlined Arrest Procedures: It also offers intent for arrest and bail to provide easy and fairest means for them.

• Rights of the Accused: It also enhances the protection of individuals enshrined in the constitution on the rights of the accused when facing trial.

Bharatiya Sakshya Bill, 2023

Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act of 1872. It is focused on modernising the evidentiary framework, problems faced in digital and electronic records, etc. It is required to add modern technological advancements and societal changes. in the legal practice. The Bharatiya Sakshya Adhiniyam brings a new definition, increases the scope of better evidence and ensures the legal framework of the digital era. This bill modernises the rules of evidence:

• Electronic Evidence: It provides legal tangibility to emails, text messages, multimedia messages and other forms of electronic evidence and makes a provision to incorporate other technological tools in the justice delivery system. In addition, the law also mandates the use of certified digital signatures and secure authentication methods to verify electronic evidence.

• Integration of Forensic Science: This bill highlights the establishment of the National Forensic Science University. They aim to support forensic capabilities in the justice system.

• DNA Evidence: Special provisions are included for the admissibility of DNA evidence, reflecting the importance of forensic science in contemporary investigations.

• Expert Testimony: The bill displays the role of expert opinions in court, thus it also raises the idea that specialised knowledge can really make a difference and can effectively contribute to justice.

Conclusion:

The introduction of the Bharatiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will completely change India’s criminal justice system. It is an improved version which will protect the citizen’s rights and help them to get justice on time. India is protecting the rights of citizens, particularly victims of crime, with these new criminal laws. Transparency and Accountability is the primary focus of introducing the new criminal law.

FAQs:

1. What are the new criminal justice bills introduced in India in 2024?
   • The new bills are the Bharatiya Nyaya Sanhita Bill, Bhartiya Nagrik Suraksha Sanhita Bill, and Bharatiya Sakshya Bill, replacing the IPC, CrPC, and Indian Evidence Act respectively.
2. When will the new criminal justice bills come into effect?
   • The new bills will come into effect from July 1, 2024.
3. What does the Bharatiya Nyaya Sanhita Bill focus on?
   • The Bharatiya Nyaya Sanhita Bill focuses on updating and simplifying substantive criminal law, introducing new definitions, repealing sedition, and introducing punishments like community service.
4. How does the Bhartiya Nagrik Suraksha Sanhita Bill improve the criminal procedure?
   • It modernizes investigative and trial processes, introduces digitalization, mandates e-FIRs, and emphasizes police accountability and streamlined arrest procedures.
5. What is the purpose of the Bharatiya Sakshya Bill?
   • The Bharatiya Sakshya Bill modernizes evidentiary rules, integrating digital and electronic evidence, forensic science, and DNA evidence to better reflect contemporary technological advancements.
6. What new crimes are defined in the Bharatiya Nyaya Sanhita Bill?
   • The bill clearly defines terrorism, separatism, and armed rebellion, providing a structured legal response to these issues.
7. How does the Bhartiya Nagrik Suraksha Sanhita Bill address police accountability?
   • It requires police to provide updates on complaints within 90 days, enhancing transparency and accountability in the law enforcement process.
8. What is the significance of electronic evidence in the Bharatiya Sakshya Bill?
   • The bill gives legal validity to electronic evidence like emails, text messages, and multimedia messages, ensuring they are admissible in court with certified digital signatures.
9. What provisions are included in the Bharatiya Nyaya Sanhita Bill regarding mob lynching?
   • The bill proposes capital punishment as a penalty for mob lynching, addressing the severity of such crimes.
10. How does the new legislation affect the rights of the accused?
    • The Bhartiya Nagrik Suraksha Sanhita Bill enhances protections for the accused, ensuring fairer trials and procedures in line with constitutional rights.