The three new criminal laws which succeed the colonial-era Indian Penal Code (IPC), Criminal Code Procedure (CrPC), and the Indian Evidence Act, have been notified by the Centre and will come into effect from July 1.
The three new laws will come into effect from July 1. Introduced in Parliament during its Monsoon session in August last year, the laws are Bharatiya Nyay Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Saksha Adhiniyam (BSA), which replace the trio of IPC, CrPC, and Evidence Act, respectively,
What Are Some Key Criminal Law Takeaways And What Has Changed?
So what changes with the new laws? Here are some key takeaways
Sections
While IPC had 511 sections, its successor BNS had 358; similarly, CrPC had 484 sections, while BNSS had 531. Evidence Act had 166 sections, while BSA had 170.
No sedition
Though sedition has been deleted, treason caused by armed revolution, and destructive and separatist activities will be criminalized.
Terrorists and terrorism
Under the laws, any individual who uses dynamite, poisonous gas, etc. against the well-being of the nation is a terrorist. A terrorist activity threatens the security of the government of India, any state or any foreign government, or any international government organization.
Trial in absentia
An accused hiding outside India need not be here. If the person does not appear before a court within 90 days, a trial will go on despite their absence. A public prosecutor will be appointed for the prosecution.
Rapes and sexual assault
Provisions on sexual assault on women below 18 have been aligned with the POCSO Act to prevent the accused from taking advantage of the lenient provisions of the penal code. For minors’ rape, life-long imprisonment or the death penalty has been mandated. In the case of gang rapes, 20 years of imprisonment or lifelong imprisonment has been mandated.
Additionally, the laws have been made gender-neutral by including the trade of minor boys as a crime. The three new laws will come into effect from July 1.