Jul 03, 2024
Recent Changes to Criminal Acts in India
Introduction
Criminal law is the wing of the Indian legal system that deals with crimes and punishes people who commit mistakes. Also called crime, criminal law is an act or omission that violates the law and is considered illegal by the state or central government. It can vary from minor offences like traffic violations to major issues like murder and can have remarkable consequences for individuals and society.
Criminal law can be divided into various types, such as:
Crimes against persons (assault, murder etc.)
Crimes against property (theft, vandalism, burglary)
Crimes against justice (contempt of court, perjury)
Public order crimes (loitering, disorderly conduct)
White-collar crimes (fraud, misuse of funds).
Criminal laws can have major consequences such as:
Fines and penalties,
Imprisonment
Probation or community service
Compensation to victims
Criminal records and bad marks.
India is a diverse nation with a rich cultural heritage. It continuously evolves its legal framework to adapt to changes and social needs. Each state has its criminal code and determines what conduct to designate a crime. Recently, major amendments and introductions have been made to increase justice delivery, save vulnerable groups, and notice emerging forms of crime.
In this blog, we will explore a few key changes in India’s criminal acts, highlighting the inferences and grounds behind them.
To reform the criminal justice system, three new laws i.e. the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) will be enacted from 1st July 2024.
These laws will replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC), of 1973 and the Indian Evidence Act of 1872. 1973 respectively. Introducing new criminal laws is a much-needed model for an independent India. In Indian courts, an outdated criminal law of the British period was being used even after 76 years of independence.
Bharatiya Nyaya Sanhita
The 163-year-old IPC will be replaced by the Bharatiya Nyaya Sanhita (BNS) and it will bring major changes to penal law. Sexual offences have been a major issue in India, prompting legislative reforms to ensure severe punishment and better protection for victims. The Criminal Law Act, 2018 will work as a pivotal moment, implementing changes nominated by the Justice Verma Committee after the Nirbhaya case.
A few amendments include:
Death Penalty for Rape of Minors: It Introduced the death penalty for rape of girls below 12 years of age, acknowledging the cruel nature of such crimes and trying to punish potential criminals. It also addresses cheating, assuring false promises related to employment, promotion, or marriage by hiding one’s identity.
Stringent Punishments: Enhanced punishments for several sexual assaults, reviewing a zero-tolerance approach towards crimes against women and children.
Organised crime now faces extensive legal scrutiny, covering many illegal activities. It includes kidnapping, vehicle theft, robbery, extortion, land grabbing, contract killing, cybercrimes, economic offences and trafficking in persons, weapons, drugs or illegal goods or services.
Human trafficking for ransom or prostitution, conducted by individuals or groups will get severe penalties. These crimes performed through violence, threat or other unlawful means will face stringent punishment.
The acts that threaten national security, the BNS notifies a terrorist act as any activity that threatens the unity, sovereignty, integrity, or economic security of India to create fear among people. It also deals with the major issues of the mob and punished with death, imprisonment for life or also liable to a fine.
These changes not only punish criminals but also ensure a more sensitive legal process for victims.
Bharatiya Nagarik Suraksha Sanhita
It replaces the Criminal Procedure Code (CrPC) of 1973 and introduces vital changes in procedural law. The new act provides a provision to ensure a smooth transition for ongoing legal issues.
According to PRS Legislative Research, the new law introduces major amendments for the smooth and quick processing of criminal justice in India. The crucial amendments are as follows:
Timelines for procedures: The Bill fixes specific timelines for several legal procedures. Key timelines are given below:
Doctors examining rape victims must submit their report within 7 days to the investigating officer.
Judgements must be submitted within 30 days of the completion of arguments, extendable up to 60 days. The progress of the investigation must be updated to the victim within 90 days.
Sessions courts are provided to frame fees within 60 days from the first hearing on such fees.
Ranking of courts
The Code of Criminal Procedure (CrPC) forms a ranking of courts for resolving criminal matters in India. It includes:
Magistrate’s courts: These are subordinate courts and handle the trial of most criminal cases.
Sessions courts: The court is presided over by a session judge and hears appeals from Magistrate’s courts.
High courts: These courts have in-built jurisdiction to hear and finalise criminal cases and appeals.
Supreme Court: The apex court hears appeals from high courts and works on its original jurisdiction in several matters.
Overall, the new laws bring some positive changes especially from a procedural point of view by implementing deadlines and standardizing the usage of technology in various investigative and judicial processes.
Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023)
It is an Act of the Parliament of India and replaces the Indian Evidence Act, of 1872 (IEA). The law introduces important amendments, especially about electronic devices. It retains most of the provisions of IEA including those on relevancy of facts, confession, and burden of proof.
The law referred to as Adhiniyam, focuses primarily on the procedural aspect of the law, governing the rights by which they may be enforced before a court of law.
Bharatiya Sakshya Adhiniyam consists of 4 parts, 12 chapters and a Schedule. It contains 170 sections.
The 4 parts of the Bharatiya Sakshya Adhiniyam are as follows:
Part 1 is preliminary and contains Chapter 1.
Part 2 is Relevancy of Facts and contains Chapter 2.
Part 3 is On Proof containing Chapters 3 to 6.
Part 4 is Production and Effect of Evidence containing Chapters 7 to 12.
The main objectives of BSA are to update, simplify and streamline how evidence is presented and interpreted inside the courts. These provisions will make the judicial system more transparent and efficient. It is simplified, transparent and visibly addresses challenges such as cybercrime and vulnerable groups. Though the BSA retains many of the provisions, it documents these provisions in a modernised and revised form. It also inserts certain new points for the benefit of judicial trial and makes the system more transparent.
The expansion of criminal laws in India showcases a positive approach towards addressing existing challenges while maintaining constitutional values and principles of justice. Recent changes made by the government to these laws in India are beneficial to address contemporary issues and enhance the effectiveness of the criminal justice system. These changes safeguard vulnerable groups, ensure swifter justice, and handle dangerous threats like terrorism and crime.
Public awareness, sensitisation of law enforcement agencies and consistent review of legal frameworks are important to make sure that these laws serve their duty of protecting citizens and upholding justice.
As India continues to develop, it is crucial for its legal framework to implement new changes and make sure that it provides safety, security, and justice for all its citizens.
