Registration Of A New Case In Delhi Under New Criminal Laws

The legal system in India came up with a new criminal matter in the city of Delhi as per the currently passed criminal legislation. Various statutes from the beginning have historically controlled the country's investigation the criminal matters, but these New criminal laws in India that are introduced, are aimed to update them as well as offer them an increasingly efficient, open, and also victim-centered approach to obtaining justice.

Why in the News?

• This was the first case under new laws Delhi ever filed under one of the three new criminal laws that went into force nationwide on July 1, 2024.
• A policeman noticed a man (known as Pankaj Kumar) selling gutkha and water from a cart in the center of the road close to the railroad station late at night, making it difficult for onlookers to pass by. 
• He was asked to move the shop a number of times, but he refused and did not follow the command, and also he claimed that he was powerless. 
• After asking for his name as well as his address, the present police officer at the scene filed a formal complaint (FIR) according to Section 285 of the newly enacted criminal law, Bharatiya Nyaya Sanhita, and as well as initiated the investigation.

About the Implementation of the New Criminal Laws 

Bharatiya Nyaya Sanhita:

• The Bharatiya Nyaya Sanhita (BNS) has substituted the Indian Penal Code (IPC).
• The Bharatiya Nyaya Sanhita now has a total of 358 sections, in comparison to the IPC's 511 sections. 
• The Sanhita has been amended to include twenty more charges, and the punishment for thirty-three of those violations has been increased to include jail time.
• There is now a mandatory minimum punishment for 23 crimes and a higher fine for 83 crimes.
• Six crimes are now punishable by performing community service as per this Act, and mostly nineteen of its sections have been removed under the new Act.
• The rules dealing with the gang rape of a minor woman are compliant with the Protection of Children from Sexual Offenses Act (POCSO). There is also a clause that stipulates that girls under the age of eighteen may receive a life sentence or the death penalty.

Bharatiya Nagrik Suraksha Sanhita:

• The Bharatiya Nagrik Suraksha Sanhita (BNSS) has taken the place of the Criminal Procedure Code (CPC).
• The Sanhita has undergone modifications, totalling 177 provisions. In addition, the Act now has 39 additional sub-parts and nine new sections. 
• There are currently 35 sections with timelines and 35 places with audio-video availability. In total, fourteen portions of the Sanhita have been removed or repealed.

Bharatiya Sakshya Adhiniyam:

• The Bharatiya Sakshya Adhiniyam (BSA) has taken the place of the Indian Evidence Act (IEA).
• After 24 sections have been altered, Bharatiya Sakshya Adhiniyam now contains 170 sections in contrast to its original 167 sections.  
• Two new provisions as well as six sub-provisions have been added to the Adhiniyam, while six existing provisions have been eliminated.
• With the recent criminal justice reform in India, there has been a major shift in focus, with crimes against women, children, and the country now receiving priority.

The implementation of the new criminal laws would radically change India's criminal justice system and overturn colonial-era regulations.

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