The three new criminal laws were passed by Parliament in 2023.
- Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which provides for punishment in hit and run cases, has been put on hold.
Significance of new criminal laws:
- Reformative justice: Such as community service instead of imprisonment.
- Modernising the justice system: for ex Indian Penal Code (1860) is outdated and does not reflect current norms of criminal jurisprudence.
- Seamless flow of information: Designed to improve coordination and collaboration between parties involved in investigation and judicial proceedings.
New Act:
- Bharatiya Nyaya Sanhita 2023, Replacing: Indian Penal Code, 1860
- Major Points:
-
-
-
- Community services for petty offense such as including attempted suicide to obstruct public servants’ duties.
- Sexual acts against women under 18 are classified as rape, regardless of consent.
- Terrorist act is defined as a separate offence.
-
- Bharatiya Nagarik Suraksha Sanhita 2023, Replacing Criminal Procedure Code, 1973
-
- Major Points:
-
-
-
- Detention of undertrials: Accused detained for half the maximum sentence must be released on bond, except for death penalty or life imprisonment cases, or those with multiple pending charges.
- Signatures and finger impressions: Magistrate of the first class can order an accused person to give specimen signatures or finger impressions or handwriting or voice samples.
-
-
- Bharatiya Sakshya Adhiniyam 2023, Replacing Indian Evidence Act, 1872
- Major Points:
- Electronic and digital records are granted equal legal status as paper documents.
- Oral evidence comprises all statements, including electronic ones, permitted or required by the Court from witnesses regarding matters under inquiry.
