Since the inception of the Indian Constitution, which promised justice—social, economic, and political—for all, continuous efforts have been made over the past 75 years to address contemporary issues through various legislation and amendments.
Accordingly, India underwent a significant legal transformation in 2023 with the introduction of new criminal laws.
These three innovative laws took effect on July 1, 2024, marking a crucial moment in the country’s criminal justice system as they replaced outdated colonial-era legislation. Many provisions have been retained due to their alignment with our constitutional framework and their effectiveness in serving the larger goal of justice.
The introduction of these new laws represents a much-needed shift for Independent India, as even after 76 years of Independence, obsolete criminal laws from the British era were still being practiced in Indian courts. The new regime introduces a reformative approach through legislative enactments.
Author Introduction
Dr. Navpreet Kaur is a Chandigarh, India based Lawyer, Co-founder of “The Laxmi Foundation -for acid attack survivors”, Social Entrepreneur, Author , POSH Trainer and Diversity & Inclusion Expert. She has served as a speaker, chairperson, panelist, and judge at numerous national and international academic institutions. Find her on linkedln https://www.linkedin.com/in/dr-navpreet-kaur-7a591434/
- The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam have now replaced the British-era Indian Penal Code of 1860, Code of Criminal Procedure of 1973, and Indian Evidence Act of 1872, respectively.
- The implementation of these new laws has brought about significant changes aimed at improving the efficiency and transparency of the legal system.
Let’s explore some of the key changes introduced by these new laws, mainly focusing on enhancing justice and the critical role of forensic evidence in India’s criminal justice system.
Bharatiya Nayaya Sanhita: Reforming the Indian Penal Code
The Bharatiya Nayaya Sanhita (BNS) of 2023 is a significant update to India’s legal framework. It aims to improve the penal code to address offenses that threaten the nation’s sovereignty, unity, and integrity.
The transition from the ‘Dand’ to ‘Nyaya’ in the BNS does not involve drastic changes in the law compared to the previous code, which primarily focused on deterring crime. The current Sanhita maintains this deterrence aspect but also introduces provisions prioritizing justice to all parties involved.
Among the numerous changes brought about by the new laws, some key alterations relate to sentencing reforms. Under the new laws, there are now fixed punishments and restorative justice measures like community service or rehabilitation. The BNS provides more specific definitions for penal provisions and their corresponding punishments, aiming to clarify offenses and eliminate ambiguity.
The new penal code, BNS, now acknowledges organized crime, such as kidnapping, extortion, and contract killings, as part of a criminal syndicate, imposing penalties for such crimes that have become necessary. In order to uphold citizens’ fundamental rights to express their opinions and personal liberty freely, the offense of sedition has been removed.
To safeguard national security interests, the BNS has introduced a specific provision that penalizes terrorist acts intended to threaten India’s unity, integrity, security, or sovereignty or have economic implications, encompassing both violent and non-violent acts with financial consequences. The BNS also addresses the dissemination of false information through various means, including spoken words, signs, representations, or electronic communication.
The BNS reclassifies offenses to include cybercrimes, financial fraud, and gender-based violence, demonstrating a proactive approach to modern challenges. It introduces a more nuanced approach to sentencing, ensuring that penalties are commensurate with the severity of the offense and offering alternative sentencing options like community service and rehabilitation programs. This emphasis on proportionality in sentencing is crucial for ensuring fairness and justice in the legal system.
In response to changing societal norms and legal interpretations, certain offenses have been decriminalized by the courts, such as consensual adult relations, adultery, and attempted suicide. Furthermore, individual states have made amendments to the IPC to establish specific punishments for offenses like trafficking minors for prostitution, food and drug adulteration, and sacrilege of religious texts.
Recommendations from various Law Commission reports have also influenced amendments to the IPC, particularly in areas concerning offenses against women and food adulteration.
The Bharatiya Nyaya Sanhita (BNS) serves as a successor to the IPC, building upon its foundations while introducing new offenses, eliminating invalidated ones, and increasing penalties for certain crimes. The BNS underwent rigorous scrutiny by the Standing Committee on Home Affairs to ensure its efficacy and alignment with the evolving legal landscape.
INNOVATIVE CHANGES IN CITIZEN RIGHTS UNDER THE BHARATIYA SAKSHYA ADHINIYAM (BSA), 2023, AND BHARTIYA NAGRIK SURAKSHA SANHITA, 2023 (BNSS)
The Bharatiya Sakshya Bill, 2023 (BSB), replaces the Indian Evidence Act of 1872 (IEA).
It recognizes the increasing significance of technology in legal proceedings. In today’s legal landscape, technology plays a pivotal role, and this law acknowledges electronic evidence as any information generated or transmitted by a device or system capable of storage or retrieval.
This comprehensive definition encompasses a wide array of digital data, including emails, text messages, and multimedia files, recognizing the various forms of evidence relevant to modern cases.
Highlighting factors like authenticity and integrity, this acknowledgment is crucial for maintaining the credibility of electronic evidence presented in court, ensuring that technological advancements do not undermine the reliability of legal proceedings.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 is a revolutionary piece of legislation designed to safeguard the well-being of Indian citizens. Introduced on August 11, 2023, this law supersedes the CrPC and addresses various issues related to citizen protection, emergency response, crime prevention, and victim support services.
The BNSS has been carefully crafted to streamline and accelerate criminal procedures in accordance with Article 21 of the Indian Constitution, which ensures the right to a prompt trial. This groundbreaking legislation aims to modernize and humanize criminal justice.
BNSS: Empowering Citizens Through E-FIRs and Zero FIRs
Under the Bhartiya Nagrik Suraksha Sanhita 2023 (BNSS), e-FIRs in India enable citizens to file First Information Reports (FIRs) online, enhancing citizen rights and reducing delays in recording complaints. The process involves logging into an official portal, providing necessary details, and receiving a digital acknowledgment immediately.
E-FIRs hold the same legal weight as traditional FIRs, making the complaint process more organized and accessible for quicker follow-ups and investigations.
Zero FIRs under BNSS allow for immediate registration of complaints at any police station, ensuring prompt legal action and justice. Citizens also have the right to promptly receive a copy of the FIR, reinforcing their legal rights and enabling them to take necessary legal steps promptly.
The law also includes special provisions for the admissibility of DNA evidence, further fortifying the legal system. The introduction of online reporting is a key provision of these new laws, allowing individuals to report incidents electronically and streamlining the process of filing complaints.
Additionally, the Zero FIR provision empowers individuals to file an FIR at any police station, regardless of jurisdiction, ensuring prompt action is taken.
VICTIM AND WITNESS PROTECTION
The term “Suraksha” is not just symbolic; its provisions are designed to promote fairness, justice, and reasonableness.
The Bhartiya Nagrik Suraksha Sanhita 2023 (BNSS) has introduced revolutionary new rights for victims, guaranteeing their access to crucial documents related to investigations.
Victims of crimes now have enhanced rights and improved access to information. They are now entitled to receive a complimentary copy of the FIR and access to arrest details, which will be prominently displayed at police stations.
This increased transparency aims to build trust in the legal system. Additionally, victims have the right to receive regular updates on the status of their case within 90 days, providing them with reassurance and clarity.
Moreover, BNSS 2023 mandates state governments to establish comprehensive witness protection schemes. This is a crucial aspect of the legal rights outlined in BNSS 2023, with the primary objective of safeguarding witnesses from intimidation and harm.
These schemes include various measures such as providing secure housing, facilitating identity changes, and offering financial assistance to ensure the safety and security of witnesses.
These protections are designed to empower victims and witnesses to participate in the legal process without fear, ultimately leading to more accurate testimonies and fairer trials. By enhancing the overall integrity of the legal system, these measures uphold citizen rights under the Bhartiya Nagrik Suraksha Sanhita 2023, ensuring that justice is not compromised by threats or coercion.
Medical care and examinations are important aspects of the new laws. The laws now guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals, ensuring immediate access to essential care.
Forensic Evidence and the Protection of Rights in Criminal Investigations Under BNSS
- According to BNSS Section 52, when a person is accused of a crime, they must undergo a medical examination by a Registered Medical Practitioner at the request of a police officer. The medical professional must prepare a report with all relevant information, including DNA profiling if needed.
- Section 53 discusses the examination of an arrested person by a Medical Officer, with a copy of the report provided to the arrested individual or their representative. If the arrested person is female, the examination will be conducted by a Female Medical Officer.
- Section 55 outlines the procedure for a police officer to delegate a subordinate to make an arrest without a warrant, requiring a written order from the officer in charge.
- Section 56 highlights the responsibility of the officer detaining the accused to ensure their health and safety.
- Section 57 states that a person arrested without a warrant must be promptly brought before the officer in charge of the police station or the Magistrate without unnecessary delay.
- These sections aim to ensure proper treatment and protection of individuals involved in criminal cases, especially victims of crimes against women and children.
Forensic evidence in criminal investigations
Forensic evidence is a crucial component of modern criminal investigations, serving as a testament to the pursuit of truth and justice within the complexities of the Indian legal system.
The field of forensic science, which systematically applies scientific principles to solve crimes, has undergone significant evolution over the years, playing a pivotal role in India’s criminal justice system.
The Indian government has introduced new rules to improve the collection and use of forensic evidence in criminal investigations. These rules aim to make investigations more thorough, increase the chances of convictions, and enhance trust in India’s justice system.
Key Rules: Forensic Evidence under The Bharatiya Nyay Sanhita (BNS) of 2023
Section 176(3): This section makes it mandatory for police to collect forensic evidence from crime scenes for serious crimes. Experts will collect and preserve this evidence, ensuring its proper handling and preservation.
What is forensic evidence?
Forensic evidence refers to scientific evidence collected from a crime scene, such as fingerprints, DNA samples, and other physical evidence.
Why is it important?
Forensic evidence can help investigators link suspects to crime scenes, identify patterns and motives, and build stronger cases against accused individuals.
Section 349: This section empowers magistrates to order police to collect forensic samples like fingerprints and voice recordings from anyone. This provision helps investigators gather evidence from suspects, witnesses, or other individuals who may be relevant to the case.
What are forensic samples?
Forensic samples refer to biological or physical evidence collected from individuals, such as fingerprints, DNA samples, or voice recordings.
Why are they important?
Forensic samples can help investigators identify suspects, link them to crime scenes, and build stronger cases against accused individuals.
Section 329 This section allows experts to submit reports to court without having to testify in person. This provision saves time and resources, as experts can provide their opinions and findings in writing rather than appearing in court.
What is an expert report?
An expert report is a written document prepared by an expert, providing their opinion and findings on a specific aspect of a case.
Why is it important?
Expert reports can provide valuable insights and evidence in a case, helping judges and jurors make informed decisions.
Section 330: This section requires parties to confirm or deny the authenticity of documents submitted to court within 30 days. This provision helps streamline the court process, as parties must respond promptly to documents submitted by the opposing side.
What are documents?
Documents refer to written or electronic records submitted to court as evidence, such as contracts, emails, or witness statements.
Why is authenticity important?
The authenticity of documents is crucial in a court case, as it can affect the credibility of evidence and the outcome of the case.
The new rules in India offer several benefits, including:
Improved investigations: The mandatory collection of forensic evidence from crime scenes will help investigators gather more thorough and reliable evidence.
Increased convictions: The use of forensic evidence and expert reports will help build stronger cases against accused individuals, increasing the chances of convictions.
Enhanced trust in the justice system: The new rules will help ensure that investigations are thorough and evidence is handled properly, enhancing trust in India’s justice system.
Streamlined court process: The provisions for expert reports and document authentication will help streamline the court process, reducing delays and increasing efficiency.
Speedy justice: The principle of “justice delayed is justice denied” is a crucial aspect of any justice system and law enforcement mechanism. The implementation of new criminal laws reflects a commitment to this principle. This is demonstrated by the introduction of new timelines for procedures to be followed, aimed at ensuring swift justice and holding those involved accountable.
Suggestions for Effective Implementation of the new laws
Infrastructure Development: It is crucial to invest in modernizing forensic labs, police stations, and court infrastructure in order to effectively implement laws. By prioritizing these upgrades, we can enhance the efficiency and effectiveness of law enforcement efforts. Let us continue to work diligently towards achieving these goals.
Training and Capacity Building: It is essential to offer consistent training and capacity-building programs for law enforcement officials, judges, and forensic experts to ensure they are well-prepared to handle new provisions effectively. Implementing comprehensive training programs and workshops for officers is vital in enhancing their capabilities. Utilizing online platforms for training, in addition to providing refresher courses, can be incredibly beneficial. For instance, the Bureau of Police Research and Development (BPR&D) has developed 13 training modules designed to enhance the skills of various law enforcement professionals, including police officers, prison staff, prosecutors, judicial officers, forensic experts, and central police organizations.
Public Awareness: Implementing public awareness campaigns to educate citizens about their rights and the new laws is crucial. Collaborating with law enforcement and community organizations to conduct public education initiatives is essential. Offering accessible resources and helplines to address public inquiries and concerns can foster trust and transparency within the community.
Balancing Old and New Provisions: It is essential to create detailed comparative guides and cross-reference tools to help officers understand changes in laws and avoid legal ambiguities. Regular briefings and interactive Q&A sessions can also be beneficial in this regard. For instance, the Bar Council of India has mandated that universities and Centers of Legal Education incorporate new laws into their curriculum starting from the 2024-25 academic year.
Monitoring and Evaluation: Establish a robust monitoring and evaluation mechanism to track the effectiveness of these laws and identify areas for improvement.
Addressing Structural Barriers: Address deep-rooted structural barriers within the legal system, such as delays and backlogs, to ensure the effective implementation of these laws.
Enhancing Forensics Infrastructure: Adequate funding should be allocated to establish new central forensic science labs and form partnerships with private forensic labs. Continuous training for forensic personnel is essential to effectively manage resources. For example, the National Informatics Centre (NIC) has developed eSakshya, a tool that enables electronic videography/photography of crime scenes. Deploying and managing Forensic Science Laboratory vans and ensuring mandatory forensic examinations in relevant cases require significant resources
Integrating technology in the Judiciary: Phased integration of technology in the judicial system is crucial. Providing robust technology training and continuous support for judges and judicial staff is necessary for a smooth transition. The NIC has developed applications like NyayShruti and eSummon to facilitate judicial hearings and deliver court summons electronically.
Also read “India’s constitutions core values” at https://journals-times.com/2024/01/25/indias-constitutions-core-values-need-to-be-put-into-practice-dr-navpreet-kaur/
Concluding remarks:
Although the path ahead may be intricate, the proposed reforms offer hope for establishing a more equitable, efficient, and responsive criminal justice system in India. By replacing outdated colonial-era laws with contemporary and progressive legislation, India can pave the way for a future where justice is not only accessible but also administered in a manner that is fair and effective.
These reforms have been carefully crafted to tackle longstanding issues within the justice system, such as procedural delays, insufficient protections for victims and witnesses, and the necessity for more innovative approaches to sentencing and rehabilitation.
By integrating digital technologies, bolstering victim rights, and adapting to contemporary forms of criminal activity like cybercrime, the new laws not only aim to meet global legal standards but also strive to set a precedent for progressive practices that uphold the rule of law.
Furthermore, the emphasis on rehabilitation and alternative sentencing under the BNS represents a shift towards a more compassionate approach to justice. This recognizes that punitive measures alone may not be adequate in addressing the intricate social factors that contribute to criminal behavior. This holistic approach, coupled with improved protections for digital evidence and witness safety under the BSA, ensures that trials are fair, evidence is reliable, and witnesses are shielded from intimidation.
The updated rules for forensic evidence collection in India mark a significant milestone in enhancing the country’s justice system. By enhancing the thoroughness of investigations, increasing the utilization of forensic evidence, and streamlining court procedures, these rules will help expedite the delivery of justice more effectively and efficiently.
While challenges such as implementation logistics, judicial capacity building, and ensuring equal access to justice remain formidable, the potential benefits of these reforms are immense.
They have the capacity to rebuild public trust in the legal system, streamline case adjudication processes, and uphold constitutional principles of equality and fairness. Ultimately, the success of these reforms hinges on collaborative efforts among policymakers, legal professionals, civil society, and the public to navigate the complexities of transition and ensure that the vision of a more just and modern legal framework in India becomes a reality.
These provisions undoubtedly enhance justice: India’s new criminal laws and the critical role of forensic evidence. By implementing these new laws, India can facilitate a seamless transition, resulting in a more effective, transparent, and reliable legal system.
The shift from the IPC, CrPC, and Evidence Act to the BNSS, BNS, and BSA signifies a courageous and essential move towards a fairer legal structure that aligns with India’s ambitions in the 21st century.
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