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Stringent measures against cybercrimes in India's new criminal justice system
On July 1, 2024, India's criminal justice system underwent a significant transformation with the introduction of 3 (three) new laws namely the (a) Bharatiya Nyaya Sanhita, 2023 ("BNS") replacing the Indian Penal Code, 1860; (b) the Bharatiya Nagarik Suraksha Sanhita, 2023, replacing the Code of Criminal Procedure, 1973; and (c) the Bharatiya Sakshya Adhiniyam, 2023, replacing the Indian Evidence Act, 1872 (collectively referred to as the "New Criminal Laws" or "Legislations"). These Legislations are intended to operate prospectively, meaning any crime committed until midnight of June 30, 2024, will continue to be governed and prosecuted under the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 (collectively referred to as the "Old Criminal Laws"). Consequently, the Old Criminal Laws will remain relevant for several years until all pending investigations, inquiries, trials, appeals, and related proceedings are concluded.
With the Old Criminal Laws dating as far back as 1860, the Legislations mark a watershed moment in India's criminal justice system. The New Criminal Laws have introduced provisions aimed at adapting to the complexities of the digital age and deterring crimes that have flourished in the age of the internet. These Legislations also acknowledged the growing digital landscape and incorporated measures to better tackle the increasing rates of cybercrimes in India. While cybercrime is still not defined in the BNS, it is considered a catch-all phrase for offences involving technology such as hacking, phishing, and cyber-stalking.
For a detailed analysis, please refer to the JSA Prism of July 15, 2024.
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