New Laws In Force From July 1st, 2024: Major Changes In Criminal Laws

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Updated: 06-03-2024

Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita represents a turning point in India's approach to substantive criminal law. This comprehensive legislation supersedes the Indian Penal Code (IPC) of 1860, which has been essentially untouched since its commencement during the British colonial era.

New offenses are introduced: The Bharatiya Nyaya Sanhita covers several growing forms of crime that were not fully covered by the IPC. Cybercrime, for instance, has attracted a lot of attention. Hacking, identity theft, and internet abuse are among the new acts covered. Given the rapid rise in digital transactions and internet usage, these regulations are critical for safeguarding persons and organizations against cyber risks. Financial crimes have also been a major focus. The new legislation includes strict measures to combat financial fraud such as Ponzi schemes, insider trading, and large-scale financial scams.This is especially important in an age when financial crimes are getting more complicated and global. Environmental crimes are another recent addition. The code imposes sanctions for practices that cause considerable environmental damage, such as illegal mining, deforestation, and pollution.
Sections that were repealed or modified: Several portions of the IPC have been repealed or significantly amended to better line with current law and societal norms. For example, the contentious sedition statute has been revised to prevent abuse while being useful in preserving national security. The new definition concentrates on activities that explicitly encourage violence or pose a clear and present threat to public order, reducing the scope and prohibiting arbitrary applications.

Bharatiya Nagarik Suraksha Sanhita

The Bharatiya Nagarik Suraksha Sanhita 2023, supersedes the Criminal Procedure Code (Cr. P.C) of 1898, introducing important procedural improvements to improve the criminal justice system.

Digitalisation and modernization: One of the new code's notable aspects is its extensive use of digital technologies. The Bharatiya Nagarik Suraksha Sanhita mandates the use of digital records and e-governance systems to expedite case reporting and tracking.
The introduction of zero FIR and e-FIR: The concept of Zero FIR has been defined and enhanced by the new code. Zero FIR allows a complaint to be registered in any police station, regardless of jurisdiction, and later transferred to the proper station. The e-FIR system improves on this by allowing FIRs to be filed online.
Videography in Search and Seizure Operations: The Bharatiya Nagarik Suraksha Sanhita requires that search and seizure activities be videotaped to ensure their integrity.
Provisions for Speedy Trials: Recognising the ongoing problem of delayed justice, the new legislation includes many initiatives to speed up proceedings. These include tighter deadlines for completing investigations and trials, as well as the formation of fast-track courts to handle significant crime cases.

Bharatiya Sakshya Adhiniyam

The Bharatiya Sakshya Adhiniyam, 2023, is a substantial revision to evidence rules that replaces the Indian Evidence Act of 1872.

Inclusion of Digital and Electronic Records: To meet the challenges of digital evidence, the Bharatiya Sakshya Adhiniyam has extensive procedures for electronic record gathering, preservation, and presentation. These requirements ensure that digital evidence receives the same amount of examination and trustworthiness as traditional types of evidence.
Establishment of National Forensic Science University: The founding of the National Forensic Science University is a key achievement of the Bharatiya Sakshya Adhiniyam. This institute seeks to improve the forensic skills of the Indian criminal justice system by providing advanced training, research, and development in forensic science.
Forensic team visits are mandatory for serious crimes: The new law requires forensic teams to be involved in significant criminal investigations to ensure a complete and unbiased examination. This requirement seeks to standardize the collection and analysis of forensic evidence, reducing the possibility of tampering and ensuring that investigations are done scientifically.

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