On July 1, 2024, India embarked on a transformative journey in its criminal justice framework by enacting three landmark laws, marking a decisive departure from its colonial-era statutes. The Bharatiya Nyaya Sanhita (BNS) now replaces the venerable Indian Penal Code (IPC), significantly revising and modernizing the legal landscape. With a reduction in sections from 511 to 358 and the incorporation of 21 new offences, including provisions addressing hate crimes and terrorism, the BNS aims to better align with contemporary societal challenges.

Simultaneously, the Bharatiya Nagarik Suraksha Sanhita (BNSS) supplants the long-standing Criminal Procedure Code (CrPC), ushering in a victim-centric approach to justice. Noteworthy advancements include extended police custody periods, up to 90 days in certain cases, and provisions for trials in absentia. The introduction of a Zero FIR provision allows for the filing of police reports at any station, enhancing accessibility and efficiency in initiating criminal proceedings. Additionally, the BNSS introduces modern investigative techniques such as electronic trials and a robust Witness Protection Scheme, underscoring India’s commitment to safeguarding the rights of victims and witnesses alike.

In tandem, the Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act, revolutionizing the handling of evidence in legal proceedings. Recognizing the dominance of digital information in contemporary society, the BSA mandates the acceptance of electronic and digital records as primary evidence, streamlining the evidentiary process and ensuring transparency and reliability in court proceedings. Furthermore, the BSA mandates the audio-video recording of statements from rape victims, enhancing procedural fairness and sensitivity in sensitive cases.

These legislative reforms represent a pivotal shift towards a more efficient, equitable, and responsive criminal justice system in India. By addressing long-standing gaps and adapting to technological advancements, the new laws promise to enhance public safety, protect individual rights, and facilitate swifter and fairer dispensation of justice across the country.

Some key differences between IPC and BNS:

1. Section 377 Repealed: The outdated law criminalizing certain sexual acts has been abolished.
2. Organized Crime: A new specific offense for organized crime has been introduced.
3. Mob Lynching: The law now includes a severe punishment, including the death penalty, for mob lynching.
4. Terrorist Acts: Acts of terrorism are explicitly recognized as offenses under the law.
5. Terrorism-Related Acts: New provisions cover involvement in terrorist organizations, harboring terrorists, terrorism training, and handling funds related to terrorist activities.
6. Community Service: For minor offenses like petty theft, community service can be imposed instead of imprisonment.
7. Hit and Run Punishments: Punishments for causing death in hit-and-run cases have been increased from a maximum of 2 years to 5 years.
8. Treason Instead of Sedition: The offense of sedition has been replaced by treason, targeting acts that threaten national integrity.
9. Theft Includes Digital Items: The definition of theft now encompasses data theft and identity theft.
10. Medical Negligence: Specific provisions have been added to address cases of medical negligence.
11. Economic Offences: The term “economic offense” is now clearly defined within the law.
12. Clause 69: It criminalizes sexual intercourse obtained through deceitful means, with penalties of up to 10 years imprisonment and fines.
13. Clause 103: Murder based on grounds of race, caste, or community is now identified as a distinct offense.