3 New Criminal Laws: Key Takeaways

In a landmark move to modernise India's criminal justice system, three new laws came into effect on July 1, 2024, replacing colonial-era legislation. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) aim to update and streamline the country's legal framework. Let's explore the key aspects of these new laws and their potential implications.

India's 3 New Criminal Laws- Explained

As per Live Law, the BNS introduces several new offences to address contemporary issues:

Deceitful Sexual Intercourse

Clause 69 of the BNS criminalises sexual intercourse obtained through deceitful means, including false promises of marriage or employment. This provision carries a punishment of up to 10 years imprisonment and a fine.

Murder Based on Race, Caste, or Community

Recognising the need to address hate crimes, Clause 103 specifically categorises murders motivated by race, caste, or community as a separate offence.

Organised Crime and Terrorism

The BNS incorporates offences related to organised crime and terrorism, previously covered under separate laws. This consolidation aims to provide a more comprehensive approach to tackling these serious crimes.

India's 3 New Criminal Laws- Procedural Changes and Timelines

Live Law reports that the BNSS brings about several procedural modifications:

Extended Police Custody

The maximum period of police custody has been increased from 15 days to 90 days, allowing for more extensive investigations.

Victim-Centric Approach

The new laws emphasise a victim-centric approach, introducing stricter timelines for trial completion and granting victims a say in case withdrawals for certain offences.

Trials in Absentia

The BNSS allows for trials to be conducted in the absence of the accused for all offences, a provision previously limited to specific laws.

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India's 3 New Criminal Laws- Positive Developments

According to Live Law, some noteworthy positive changes include:

Community Service as Punishment

The introduction of community service as an alternative punishment for minor offences aims to reduce the burden on the prison system and promote rehabilitation.

Expanded Definition of Marital Rape

Sexual intercourse with a minor wife is now explicitly included under the definition of rape, addressing a previous legal grey area.

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India's 3 New Criminal Laws- Concerns

Despite the comprehensive changes, lawyers and other legal experts highlight some areas that remain contentious.

Sedition Law

While the government claimed to have removed sedition, the BNS introduces a similar offence with a broader definition.

Gender-Neutral Sexual Assault Laws

The exclusion of Section 377 and the lack of gender-neutral rape laws leave a gap in addressing sexual assault against male victims.

The introduction of these three new criminal laws marks a significant shift in India's legal landscape. While they aim to address longstanding issues and modernise the system, their implementation and long-term effects remain to be seen. As the country adapts to these changes, ongoing dialogue and evaluation will be crucial to ensure a fair and effective criminal justice system.

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