Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), Bharatiya Sakshya Adhiniyam, 2023 (BSA), and Bharatiya Nyaya Sanhita, 2023 (BNS) received assent of the President on 25 December 2023 to replace the Code of Criminal Procedure, 1973 (CRPC), the Indian Evidence Act, 1872 (IEA), and the Indian Penal Code, 1860 (IPC) respectively.
On 23 February 2024, the Central Government notified that the said acts will be effective from 1 July 2024.
Major Additions/Alterations in the Legislations
Bharatiya Nyaya Sanhita 2023
- §152 – Sedition: The ingredients of sedition in IPC have been deleted in the BNS and instead ingredients such as exciting secession, armed rebellion or subversive activities, encouraging feelings of separatist activities and endangering sovereignty or unity and integrity of India have been included.
- §103(2) – Mob Lynching: BNS has introduced a provision of murder committed by five or more people on grounds of race, case, sex, place of birth, language or personal belief.
- §113 – Terrorism: BNS has introduced the definition of a terrorist act with deterrent punishments in lines of the Unlawful Activities (Prevention) Act 1967.
- §2(39) – Incorporation of definitions of Information Technology Act, 2000 and BNSS: BNS provides that all words or expressions with regards to technology and digital media have the same meanings as those given in the Information Technology Act 2002 as well as of BNSS which have not been specifically defined in the BNS.
- §304 – Snatching: BNS has introduced the offence of snatching, which under the IPC, was treated as theft or robbery.
- §337 – Forgery of identity documents: BNS has incorporated the term "identity documents" in the offence of forgery of a record of a court or public register.
- Removal of §497 of IPC: Pursuant to the judgement of the Supreme Court in Joseph Shine v Union of India1 which decriminalized the offence of adultery as being violative of Articles 14, 15(1), and 21 of the Constitution, the BNS has not incorporated the same as an offence.
- Removal of §377 of IPC: BNS has deleted §377 of the IPC leading to a situation where non-consensual intercourse with men cannot be punished as a sexual act.
Bharatiya Nagarik Suraksha Sanhita 2023
- §43(3) – Handcuffing: BNSS provides for a discretionary parameter for a police officer to consider before using handcuffs to make an arrest or produce a person. The parameters depend upon the nature and gravity of the offence, and the demeaner of the accused.
- §173(3) – Zero FIR: BNSS has introduced a provision of the filing of a Zero FIR. When information that discloses the commission of an offence outside the limits of a police station is received by the police, it is to be entered into the book to be kept by such officer. Further, the provision for lodging information through electronic communication (e-FIR) has been added with the enabling provision that the signature of the person giving such information be taken within 3 days before the e-FIR is taken on record.
- §398 – Witness Protection Scheme: BNSS mandates that each State Government establish a "Witness Protection Scheme". The purpose of this scheme is to ensure the safety and security of witnesses involved in legal proceedings, encouraging them to testify without fear of intimidation or harm.
- §84(4) – Declaring absconders as proclaimed offenders for offences punishable with imprisonment of ten years or more: BNSS has altered the condition required to issue a proclamation. In the IPC, specific sections were defined. Under the BNSS, a person accused of an offence punishable with imprisonment of ten years or more is now liable to have a proclamation issued against them under §84(4) of BNSS.
Bharatiya Sakshya Adhiniyam, 2023
- §2(1)(e) – Admissibility of electronic evidence: The BSA has introduced the admissibility of statements given by a witness through digital means. This streamlining of the admissibility of evidence will allow proceedings to take place in a digital manner to address the logistical issues of the availability of witnesses and the ease of adducing their evidence.
- §52(1)(a) – Judicial notice of international laws: The BSA has introduced recognition by the Courts of international laws and treaties to which India may be a party. This was absent in the IEA where it was limited to "all laws in force in the territory of India".
- §58 – Expanded Scope of Secondary Evidence: The BSA has expanded the scope of "secondary evidence" to include oral and written admissions as well, and the evidence of a person who is specifically skilled in examining particular evidence.
- §39 – Opinions of expert: BSA has expanded the fields in which an expert can give an opinion by incorporating the terms "any other field" instead of "foreign law, science or art" as defined under §45 of the IEA.
Footnote
1. (2019) 3 SCC 39
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