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India's criminal justice has now been completely overhauled as three new laws have come into effect today. Indian Penal Code (IPC) was renamed as the Bharatiya Nyaya Sanhita (BNS), whereas the Bharatiya Nagrik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act.
The three laws were passed in parliament in December 2023. With a focus on justice rather than punishment, the three laws are aimed at providing speedy justice, all the way, strengthening the judicial and court management system emphasizing "access to justice by all".
Here are some key details about the new laws:
To prevent the misuse of provisions related to arrest by the police, the BNSS has introduced an additional obligation on the state government to designate a police officer who would be responsible for maintaining information on all arrests and who arrested them. The clause requires such information to be displayed prominently in every police station and the district headquarters.
The BNS introduces a transformative approach to reporting of crime against women through electronic First Information Reports (e-FIRs). This helps in the fast reporting of offenses that need immediate attention. The digital platform allows swift reporting, overcoming traditional barriers, and reflects the essence of established legal principles emphasizing timely reporting.
The maximum period of detention for undertrials has been reduced for first-time offenders under certain circumstances, and the jail superintendent has been legally empowered to help the accused or undertrials in applying for bail. A first-time offender (never convicted of any offense in the past) will be released on bail if the person has undergone a third of the maximum sentence prescribed.
The BNSS has introduced the use of technology at all stages, from crime scene visits to Investigations to trials. It is a game-changer as it will ensure a faster trial and ensure transparency in the investigation. The inclusion of technology and forensics in the investigation is a significant move geared towards modernizing the criminal justice system and harnessing the strength of modern scientific technologies.