Sept. 6, 2024
New criminal laws in force; Cr.PC, IPC applicable only for old cases
Context: Three new criminal laws have come into effect across India despite objections from many States.
Introduction of New Criminal Laws:
• The Bharatiya Nagrik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure (Cr.PC).
• The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC), 1860.
• The Bharatiya Sakshya (BS) replaces the Indian Evidence Act, 1872.
Amendments and Procedures:
• The IPC and Cr.PC will still apply to old cases and crimes reported before July 1.
• States are free to amend BNSS provisions.
• BNSS mandates procedures for arrest, bail, custody, and forensic examination.
• Compulsory audio-video recording of search and seizure and mandatory forensic examination for crimes punishable by seven years or more are required.
Specific Provisions and Amendments:
• BNS may soon include a section on sexual crimes against men and transgender persons.
• Until the amendment, police will use allied charges such as wrongful confinement and physical hurt for such complaints.
Implementation and Upgrades:
• Over 650 district courts and 16,000 police stations will migrate to the new system from July 1.
• FIRs will be filed through the upgraded Crime and Criminal Tracking Network Systems (CCTNS), allowing e-FIR and zero FIR capabilities.
• CCTNS software has been updated to register FIRs in languages other than English and Hindi.
• The e-sakshya platform will host data securely and will be managed by the National Informatics Centre.
Training and Forensic Capabilities:
Training and support have been provided to all States for the new system.
States have until June 2029 to upgrade their forensic capabilities.
Forensic examination is mandatory for all crimes punishable by over seven years, but States need time to build capacity and train officials.
Note:
Three new criminal laws in India replace the Cr.PC, IPC, and Indian Evidence Act, effective July 1. States can amend provisions, with mandatory forensic exams for severe crimes. Updated systems enable e-FIRs and support multiple languages.