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THE NEW FACE OF CRIMINAL LAW IN INDIA

THE NEW FACE OF CRIMINAL LAW IN INDIA

An Overview of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam which came into force on 1 July 2024.

1. Introduction

On 1st July 2024, India introduced three revolutionary criminal enactments to replace colonial-era laws: the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA).

2. Meaning & Core Roles

  • The BNS: Defines what constitutes a crime and prescribes punishments (substantive criminal law).
  • The BNSS: Defines how a criminal case moves through the legal system—investigation, arrest, bail, charge-sheet, and trial (procedural law).
  • The BSA: Dictates what evidence the court can accept to prove or disprove a case (law of evidence).

3. Key Structural Transformations

  • Zero FIR & E-FIR: Citizens can register an FIR at any police station regardless of jurisdiction.
  • Electronic Evidence: Digital records, emails, messages, and server logs are given robust evidentiary value under the BSA.
  • Victim Rights: Mandatory updates to victims regarding case investigation progress within 90 days.
  • Videography of Search & Seizure: Mandating video recording during searches prevents evidence tampering.