Explained: What Are The Key Provisions In India’s New Criminal Laws

Three new criminal laws came into effect last month, bringing changes to India’s criminal justice system. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) replaced the British-era Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872, respectively.

The overhaul, however, has sparked criticism from some lawyers and activists who argue that the changes could increase the power of the police over citizens and exacerbate case backlogs in an already overburdened system.

What are the key new provisions:

Timely Court Rulings: Courts are now required to issue rulings within 45 days of the completion of arguments. Previously, no such time frame existed, often leading to prolonged cases. Additionally, charges in a trial must be framed within 60 days of the first hearing.

Expedited Investigations: Police investigations into offences against women and children must be completed within two months.

Severe Punishments For Heinous Crimes: The death penalty has been prescribed for severe offences such as the gang-rape of a woman under 18 and mob lynching.

Revised Sedition Clauses: The government claims to have abolished sedition clauses, but a new clause punishing “acts endangering the sovereignty, unity, and integrity of India” has been introduced. 

Trials In Absentia: For grave offences, trials in absentia are now permitted when the police cannot locate the accused. Judges can rule on such cases, and punishments will be enforced once the individual is found.

Mandatory Videotaping Of Police Actions: Police raids and seizures must be videotaped, and forensic experts are required to visit crime scenes for serious offences.

Digital Evidence: Digital records such as emails, server logs, messages, location data, and voicemails are now recognised as evidence during trials.

Community Service: Community service is introduced as an alternative to jail for offences like defamation and other petty crimes.

Union Home Minister Amit Shah, who spearheaded the new laws, stated that the primary objective is to deliver justice rather than focus solely on penal actions, unlike the colonial-era laws. “These laws are made by Indians, for Indians, and by an Indian Parliament, marking the end of colonial criminal justice laws,” he said. 

Mr Shah said that the new legislation is not merely a change in nomenclature but a comprehensive overhaul. “The soul, body, and spirit of the new laws are Indian,” he remarked.