From July 1, significant reforms are underway in India’s criminal justice system. Three new criminal laws—Indian Penal Code (BNS), Indian Civil Security Act (BNSS), and Indian Evidence Act (BSA)—are replacing the colonial-era Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act.
Indian Penal Code (BNS)
The Indian Penal Code (BNS) replaces the 163-year-old Indian Penal Code (IPC) and brings significant changes to the criminal justice system. IPC had 511 sections, while BNS has 358. Additionally, BNS includes 21 new offenses. One major offense criminalizes sexual relations using fraudulent means. The law states: “Anyone who engages in sexual relations with a woman by fraudulent means or promise of marriage, without intending to fulfill the promise, faces up to 10 years imprisonment and a fine.”
BNS also recognizes caste, race, or community-based murder as a separate offense. It defines organized crime and offenses related to terrorism, including several activities such as kidnapping, dacoity, vehicle theft, extortion, land grabbing, contract killings, economic crimes, cybercrimes, and trafficking in individuals, drugs, weapons, or illegal goods. Human trafficking for prostitution or forced labor by organized crime syndicates or on their behalf will face severe penalties. These offenses involve physical gain through violence, threats, intimidation, coercion, or other illegal means.
Indian Civil Security Act (BNSS)
The Indian Civil Security Act (BNSS), replacing the Criminal Procedure Code (CrPC), deals with procedural law. BNSS has 531 sections compared to CrPC’s 484. Home Minister Amit Shah previously stated that BNSS adopts a victim-centered approach, with strict timelines for completion of trials and determination of charges within 60 days of the first hearing. Additionally, medical specialists examining rape victims must submit their reports to the investigating officer within seven days.
Indian Evidence Act (BSA)
The Indian Evidence Act (BSA) replaces the Indian Evidence Act and introduces changes to the evidence process. BSA permits the admission of “electronic and digital records,” including files stored in emails, server logs, computers, laptops, smartphones, website content, location data, and text messages. BSA also accepts oral evidence in electronic form. Furthermore, to enhance transparency and provide more security to rape victims during investigations, the victim’s statement will be recorded via audio-video means.
Conclusion
These new laws—Indian Penal Code (BNS), Indian Civil Security Act (BNSS), and Indian Evidence Act (BSA)—represent a comprehensive overhaul of India’s criminal justice system. Their aim is not merely to rename but to bring about significant improvements. These changes mark a crucial step towards making Indian society more just and secure, establishing new hopes and ideals in India’s criminal justice system.
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