India's Legal Revolution: New Laws to Overhaul Criminal Justice System from July 1st, 2024

India's Legal Revolution: New Laws to Overhaul Criminal Justice System from July 1st, 2024

The criminal justice system in India will change dramatically on July 1, 2024, when three new laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—go into force.

These will gradually replace the colonial-era Indian Evidence Act, the Code of Criminal Procedure (CrPC), and the Indian Penal Code (IPC). However, legal experts and protestors have voiced concerns, and Union Law Minister Arjun Ram Meghwal keeps emphasising that the Central Government will not reverse its choice.

Some notable modifications have been made under Bharatiya Nyaya Sanhita (BNS), ,although the details are still being worked out:

Community Service as Punishment: According to Section 4, community service is considered a form of punishment.

Punishments for Dishonest Sexual Activity: Dishonest sexual activities disguised within marriage carry harsh penalties, including up to ten years in prison.

Organised Crime: These days, this includes a broad spectrum of illicit operations, including human trafficking, extortion, and kidnapping.

Terrorist Acts: are defined as acts intended to cause terror and endanger India's sovereignty, integrity, unity, or economic security.

Mob Lynching: Mob lynching motivated by race, caste, community, sex, birthplace, language, or personal belief now carries a death sentence among other harsh penalties.

The Bharatiya Nagarik Suraksha Sanhita (BNSS) has undergone principal changes.

First-Time Offenders: After serving one-third of their maximum sentence, first-time offenders are eligible for bail, unless they are facing multiple charges or life in prison.

Forensic Investigation Requirement: For crimes with a minimum seven-year jail sentence, a forensic investigation is now required.

Deadlines for Medical Reports and Judgements: Within 90 to 180 days, victims of rape must receive notification of the progress of their investigations, and within 7 days, they must complete their medical reports. We must render judgments within 30 to 60 days.

We have deleted the section designating metropolitan areas and appointing metropolitan magistrates.

The primary modifications to Bharatiya Sakshya Adhiniyam (BSA) are as follows:

We have extended the definition of secondary evidence and simplified the rules governing electronic evidence.

The bill mandates Through Disclosure Formats for Electronic Records, which go beyond basic affidavits for electronic records.

The expanded definition of secondary evidence now includes written admissions.

Though the goal of these new laws is to update and reform the criminal justice system, there are concerns about how they might affect basic rights, whether there will be more lawsuits, and how uncertain things will generally be. More details and explanations will be crucial as India manages this momentous change.