New Criminal Laws: Terrorist Acts, Mob Lynching and Organised Crime - Changes Explained

New Criminal Laws: The government has introduced three new criminal laws: Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These laws will take the place of the Indian Penal Code, Code of Criminal Procedure, and Evidence Act from July 1st.

Bharatiya Nyaya Sanhita

The introduction of these new laws will mark a significant shift in the legal landscape, replacing the longstanding 163-year-old Indian Penal Code and bringing about substantial changes in the penal law system.

Landmark Changes

• Sexual Intercourse: The law now penalizes individuals who engage in sexual activity with a woman through deceit or false promises of marriage, punishable by up to 10 years in prison and a fine. Deceitful actions include false promises of employment, promotion, or marriage while concealing one's true identity.
• Community Service: Section 4 of the new act introduces community service as a form of punishment, but the specific nature of community service remains undefined.
• Organized Crime: The law broadens the scope of organized crime to encompass a variety of unlawful activities, including kidnapping, robbery, extortion, cybercrimes, human trafficking, drug and weapons trafficking, among others. These activities, whether conducted individually or by a group, constitute organized crime if pursued for material gain through violence, threat, intimidation, or coercion.
• Terrorist Acts: Any action or threat that undermines the unity, integrity, sovereignty, security, or economic security of India, with the intent to spread terror among the people, is deemed a terrorist act under the new law.
• Mob Lynching: The new law explicitly addresses mob lynching, stating that when a group of five or more individuals acts together to commit murder based on factors such as race, caste, community, sex, place of birth, language, personal belief, or similar grounds, each member of the group will be subject to punishment. Punishment may include the death penalty or life imprisonment, along with fines.

Bharatiya Nagrik Suraksha Sanhita

This legislation, BNSS, serves as a replacement for the Criminal Procedure Code, 1973 (CrPC), which governs the administration of the Indian Penal Code, 1860 (IPC).

• Under the Criminal Procedure Code (CrPC), if an under-trial has served half of the maximum imprisonment for an offense, they must be released on a personal bond, except for offenses punishable by death. The Bharatiya Nagrik Suraksha Sanhita (BNSS) keeps this rule and adds a new one: first-time offenders can seek bail after serving one-third of the maximum sentence. However, this doesn't apply to offenses punishable by life imprisonment or when investigations, inquiries, or trials for multiple offenses are ongoing. This might mean under-trial prisoners can't get mandatory bail, especially if they face multiple charges listed in charge-sheets.
• Regarding forensic investigations, the new law says offenses punishable by at least seven years of imprisonment must undergo forensic probes. Forensic experts will visit crime scenes to gather evidence, recording the process on mobile phones or electronic devices. If a state lacks forensic facilities, it must use facilities in another state.

According to PRS Legislative Research, some major changes in the new law are:

• Timelines for procedures: The law sets deadlines for various procedures. For instance, it requires doctors examining rape victims to give reports to investigators within seven days. Other deadlines include giving judgments within 30 days (can be extended to 60 days), updating victims on investigations within 90 days, and framing charges within 60 days from the first hearing.
• Hierarchy of Courts: The CrPC sets a hierarchy of courts for handling criminal matters in India. These include Magistrate’s Courts, Sessions Courts, High Courts, and the Supreme Court. Metropolitan areas have Metropolitan Magistrates. The new law removes the provision allowing states to designate cities with over one million people as metropolitan areas.

Bharatiya Sakshya Adhiniyam

The Evidence Act will be replaced by the Bharatiya Sakshya Adhiniyam, which also suggests crucial amendments.

The Bharatiya Sakshya Adhiniyam proposes significant alterations, particularly regarding electronic evidence and the expansion of secondary evidence. It introduces a new schedule outlining a detailed disclosure format for certificates, previously governed by mere affidavits and self-declarations on the genuineness of electronic record contents. Additionally, the definition of secondary evidence is broadened, and loopholes in the Evidence Act, such as considering written admissions as secondary evidence, are addressed.