India's new criminal laws: Legal experts break down the nitty gritties of some key changes in Bharatiya Nyaya Sanhita

On July 1, 2024, India enacted three new laws to replace its colonial-era criminal laws, marking a significant shift in its criminal justice system. The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC), the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Criminal Procedure Code (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act (IEA).

Passed in last December, these new criminal laws aim to modernize the legal framework by addressing contemporary issues such as organized crime and economic offences, emphasizing identity and authenticity in light of technological advancements, and introducing community service as a form of punishment.

Here's a quick guide to understand major changes in the legal framework.

Also Read: Criminal justice system becoming completely 'Swadeshi': Amit Shah on new criminal laws

What's new?

• Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC), reducing the number of sections from 511 to 358 and adding 21 new offences, including hate crimes and mob lynching. It also introduces offences like terrorism, organized crime, and hate speech and redefines sedition as acts endangering national integrity (treason). Further, it expands scope of theft to include data and intangible items.

• Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Criminal Procedure Code (CrPC), focusing on a victim-centric approach. It extends police custody from 15 to 90 days, allows trials in absentia, introduces Zero FIR (allowing FIRs at any police station), and includes electronic summons and a Witness Protection Scheme. It also mandates forensic investigations for serious offences and facilitates electronic trials, a significant shift from traditional courtroom procedures.

• Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act, modernizing evidence handling by admitting electronic and digital records as evidence. It also mandates audio-video recording of rape victim statements. In simple terms, it classifies electronic records as primary evidence and allows electronic giving of oral evidence.

What are some key differences between the IPC and BNS?

1. Section 377 Removed: The old law that criminalized certain sexual acts is no longer an offense.
2. Organized Crime: There is now a specific offense for organized crime.
3. Mob Lynching: A new offense that can be punishable with the death penalty.
4. Terrorist Acts: Acts of terrorism are now explicitly included as offences.
5. Terrorism-Related Acts: New provisions cover being part of a terrorist organization, harboring terrorists, training for terrorism, and handling money from terrorist acts.
6. Community Service: For minor offences like petty theft, community service can be a punishment instead of jail time.
7. Hit and Run Punishments: Increased punishment for causing death in hit-and-run cases from a maximum of 2 years to 5 years.
8. Treason Instead of Sedition: The offense of sedition has been replaced with treason, targeting acts that endanger national integrity.
9. Theft Includes Digital Items: The definition of theft now includes data theft and identity theft.
10. Medical Negligence: Specific provisions have been added to address medical negligence.
11. Economic Offences: The term "economic offense" is now specifically defined.
12. Clause 69: It criminalizes sexual intercourse under "deceitful means"; could face imprisonment of up to 10 years, accompanied by fines.
13. Clause 103: categorizes murder on grounds of race, caste, or community as a distinct offence.

Also Read: Three new criminal laws to be available in regional languages, including Tamil, says Amit ShahWhat is the impact on citizens?
The BNS provides clarity and stricter penalties for offences, potentially enhancing public safety and addressing hate crimes more effectively. Meanwhile, BNSS promises quicker justice delivery, better victim protection, and easier access to legal remedies. The BSA enables easier and more reliable evidence gathering, ensuring transparency in legal proceedings, and enhancing protection for vulnerable witnesses and victims.

One of the changes of interest is that a significant number of the provisions put in place to guard against violence during custodial interrogation have been rolled back and, as such, it is essential to ensure that investigative agencies do not overstep or abuse their authority during such interrogations; in all instances, it is the wellbeing of the citizen and society which must be most closely guarded.

(Niharika Karanjawala-Misra, Principal Associate, Karanjawala & Co and Sanjeev Kumar Sharma, Senior Partner at Saraf and Partners contributed to this article)


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