The Bhartiya Nyay Sanhita 2023

BNS pic
Pic credit :lawinsider.in

Major changes have been made in the field of law . The Indian Penal Code has now been amended as Bhartiya Nyay Sanhita .This change is being enforced with effect from 1st of July 2024 .Certain amendments have also been made regarding the old laws of Indian Penal Code .

The Bhartiya Nyay Sanhita(BNS) 2023 have now replaced the Indian Penal Code(IPC) 1860.

  • Now the BNS consists of 358 sections ( 511 sections in IPC ) .

Deletions made in the new BNS

LIST of the SECTIONS DELETED

  • Section 13
  • Section 14
  • Section 15
  • Section 16
  • Section 50
  • Section 53 A
  • Section 56
  • Section 58
  • Section 59
  • Section 61
  • Section 62
  • Section 124 A
  • Section 153 AA
  • Section 236
  • Section 237
  • Section 238
  • Section 264
  • Section 265
  • Section 266
  • Section 267
  • Section 309
  • Section 310
  • Section 311
  • Section 377
  • Section 497

New Offences

Promise to marry : Criminalizing ” deceitful ” promises to marry .

Mob Lynching : Codified offences linked to mob lynching and any hate crime – murders.

Terrorism and Organized Crime : Now the ordinary criminal law covers the terrorism and the organized crime which also includes a broader scope for terror financing in BNS.

Attempt to Suicide : Now it has been criminalized attempt to suicide with an intent to compel or restrain any public servant from discharging official duty.

Community Service : Now this has been added as a possible form of punishment.

Deletions

Unnatural and Sexual Offences : In IPC section 377 which criminalized homosexuality has now been replaced completely.

Adultery : In the consonance of the judgement of the Supreme Court ( apex court ) offences of adultery has now been omitted completely.

Thugs : Section 310 of Indian Penal Code has been mitted completely.

Gender Neutrality : Some of the laws which dealt with children has also been omitted .

Modifications made

Fake News : Now publishing fake news and information has been criminalized .

Sedition : Under the new law it has been given a new name i.e, ” deshdroh ” with a wider definition of it .

Damage to Public Property : Now on damaging any public property a graded fine will be charged in corresponding of the amount of the damage caused.

Madatory Minimum Sentence : In many of the provisions there is a mandatory minimum sentences prescribed.

Death by Negligence : Now punishments for causing death by negligence ( 2years imprisonment for doctors ) .

Bhartiya Nagrik Suraksha Sanhita 2023

The Code of Criminal Procedure , 1973 (CrPC) has now been changed to Bhartiya Nagrik Suraksha Sanhita , 2023 (BNSS) which was being enforced with effect from 1st of July 2024 . Certain amendments have also been made regarding the old laws of CrPC.

  • Now the BNSS consists of 531 sections as compared from the old CrPC which consisted of 484 sections .
  • 47 new sections have been added in BNSS .

Basic Key Provisions

Hierarchy of the courts : Eliminated distinction and role of metropolitan magistrate .

BNSS

DEFINITIONS ( New Insertions )

Section 2

a. Electronic Audio -Video

b. Bail

c. Bail bond

d. Bond

e. Electronic communications

f.” Investigation”- explanation

Major Changes Made ;

  • Use technology and electronic mode .
  • Mandatory collection of forensic evidence in investigation (after effecting Notification within 5 years) – for offences punishable for seven years or more than seven years.
  • The Judgment should be within 30 days of the arguments (extendable up to 60 days).
  • Information should be provided to the victim as for the progress of the investigation within 90days.
  • There should be framing of charges by a sessions court within 60 days of the first hearing on such charges.
  • The trial, can be done even in absence of a proclaimed offender.
  • The permission of magistrate is not needed after a (final) report has been forwarded.
  • For any further investigation “during the trial” permission of the Court is needed.
  • Samples can be collected (including finger impressions and voice), without arrest.
  • The police has been given the power to detain or remove any person.
  • There will be a ‘Preliminary inquiry’ before filing FIR (for offences punishable for 3 years or more but less than 7 years).
  • Now there is a concept of Zero FIR (“irrespective of the area”) and e-FIR.

Bhartiya Sakshya Adhiniyam 2023

On 1st July 2024 the Indian Evidence Act(IEA) 1872 have been replaced by the Bhartiya Sakshya Adhiniyam (BSA) 2023.

  • The Bhartiya Sakshya Adhiniyam(BSA) is consisting of 170 sections enshrined in it as compared to the Indian Evidence Act(IEA) which consisted of 167 sections .
  • The Bhartiya Sakshya Adiniyam have also updated its 23 sections as compared from the old evidence act.

Key Provisions

In the Bhartiya Sakshya Adhiniyam major changes have been made to get rid of the old evidence act which consisted rules and laws of the English evidence act too . It consists of too many new provisions to maximize the transparency , objectives and many more legal proceedings .

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