New criminal laws enacted from today: All you need to know about them

India is gearing up for a significant overhaul of its legal framework with the introduction of three new criminal laws, slated to replace outdated colonial-era statutes and will come into effect from today, July 1. The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), passed in Parliament last December, will replace the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872 respectively.

Several new provisions have been incorporated in the three new criminal laws to suit contemporary times and technologies in vogue.

Key Changes and Provisions:
The forthcoming laws introduce several progressive provisions aimed at enhancing efficiency and fairness in the legal process:

• Innovative Legal Procedures: Features like Zero FIR allow complaints to be filed at any police station, streamlining the initiation of legal action.
• Technological Advancements: Online police complaints and electronic summons service aim to reduce paperwork and enhance communication.
• Swift Judicial Processes: Strict timelines for delivering trial judgments within 45 days and framing charges within 60 days emphasize timely justice delivery.
• Protection for Vulnerable Groups: Special provisions for crimes against women and children, ensuring sensitive handling and expedited medical examinations.
• Expanded Offenses: Definition updates include emerging crimes such as false promise of marriage and gang rape of minors, alongside a comprehensive definition of terrorism.

The introduction of the BNS brings forth a spectrum of new legal provisions, each with its implications and contentious points. Notable among these is Clause 69, which criminalizes sexual intercourse under "deceitful means". According to the provision, individuals who engage in sexual relations by deceit, such as false promises of employment or marriage without intention to fulfill them, could face imprisonment of up to 10 years, accompanied by fines. Critics argue this clause may inadvertently criminalize consensual relationships and potentially amplify narratives like "love jihad".

Clause 103 introduces a landmark recognition within the BNS, categorizing murder on grounds of race, caste, or community as a distinct offense. This provision responds to a 2018 Supreme Court directive urging legislative action against rising incidents of lynching, aiming to provide legal recognition and accountability for such crimes.

The BNS also consolidates various offenses under its ambit, including terrorism and organized crime, previously covered by stringent laws like the UAPA and state-specific acts. Clause 111(1) broadly defines organized crime to encompass a range of activities from economic offenses to cyber-crimes with severe consequences, albeit leaving vague terms like "cyber-crimes having severe consequences" open to clarification.

Another significant addition is the recognition of "snatching" as a distinct offense in Clause 304(1), distinguishing it from theft by emphasizing sudden or forcible seizure of property, punishable by up to three years in prison. The restructuring of provisions in BNS mirrors the IPC's approach, prioritizing chapters on general exceptions, punishments, and abetment, with separate chapters for offenses against women preceding those against the state.

A notable departure from the existing legal framework is the extension of police custody duration from the previous 15 days under the CrPC to up to 90 days under Clause 187(3) of the BNSS. This shift aims to expedite trials and adopt a victim-centric approach, while critics express concerns about potential misuse and its impact on custodial rights.

The introduction of trials in absentia, similar to provisions under the UAPA, shifts the burden of proof onto the accused, potentially compromising fair trial rights. Additionally, the BNSS removes the provision for statutory bail for individuals facing multiple charges, which was intended to prevent prolonged pre-trial incarceration.

Amidst these changes, the BNSS introduces community service as an alternative to imprisonment for minor offenses like theft or defamation, aiming to reduce overcrowding in prisons. However, the law lacks a clear definition of community service, leaving its implementation at the discretion of judges.

The inclusion of marital rape of minor wives under rape laws addresses a longstanding gap, aligning with Supreme Court directives and acknowledging discrepancies in IPC provisions.

Despite these advancements, grey areas remain, including concerns over the redefined sedition offense and the exclusion of Section 377, which was pivotal in addressing non-consensual sexual acts involving men. The BNS's rollout and enforcement will critically influence its impact on legal and social landscapes, shaping the future of criminal justice in India.

Union Home Minister Amit Shah emphasized the laws' role in reflecting Indian values and prioritizing justice over punitive measures during their parliamentary passage. The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), passed in Parliament last December, will replace the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872 respectively.

While acknowledging the need for legal reform, critics have voiced concerns over expanded police powers, vaguely defined offenses like terrorism, and potential implications for civil liberties.

The introduction of India's new criminal laws brings forth significant changes, but also sparks concerns over expanded police powers and potential implications for civil liberties. Key points of contention include:

Extended Police Custody: The maximum duration of police custody under the new laws is expanded from 15 days to 60-90 days. This extension raises concerns about increased risks of police excesses and coerced confessions, potentially undermining fair legal proceedings.

Discretionary Prosecution: Police officers are granted broad discretion to choose between prosecuting under the new laws or existing statutes like the UAPA (Unlawful Activities Prevention Act), without clear guidelines. This discretion could lead to inconsistent application and raise questions about fairness and accountability.

Vaguely Defined Offences: The new laws introduce vaguely worded offences related to "terrorism", "organized crime", and "acts endangering sovereignty". Such broad definitions leave room for arbitrary application and could potentially infringe on fundamental rights like freedom of speech and personal liberty.

Expanded Definition of Terrorism: The definition of "terrorism" is expanded beyond the existing UAPA to include acts that "disturb public order" or "destabilize the country". This expanded scope increases the risk of misuse and raises concerns about the legal repercussions for dissent and protest.

Removal of Legal Aid Provision: The new laws remove the provision for legal aid from the point of arrest, which is seen as problematic for safeguarding the rights of the accused. This omission could hinder access to justice and fair legal representation, particularly for marginalized and vulnerable individuals.

Ahead of the rollout, the government has conducted extensive preparations, including training initiatives and technological upgrades, to ensure smooth nationwide implementation of the new laws.

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam were introduced in Parliament by Union Home Minister Amit Shah on August 11, 2023.

These laws aim to replace the outdated Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act with updated provisions tailored to contemporary legal needs.

(With inputs from TOI)