A Deep Dive into India's New Criminal Laws: Key Changes and Implications

Introduction to New Criminal Laws in India

India is on the verge of a significant transformation in its criminal justice system with the introduction of three new laws:

• Bharatiya Nagrik Suraksha Sanhita (BNSS)
• Bharatiya Nyaya Sanhita (BNS)
• Bharatiya Sakshya (BS)

Implementation Timeline

These laws are set to come into effect on July 1, 2024, marking a pivotal shift in legal practice across the country.

Replacements of Existing Laws

The new legislations will replace several existing laws:

• BNSS will take the place of the Code of Criminal Procedure.
• BNS will replace the Indian Penal Code.
• BS will substitute the Indian Evidence Act.

Managing the Transition

For pending cases, the transition will allow the old laws to run concurrently with the new laws for crimes committed before the implementation date.

Amendments by States

States will have the autonomy to introduce their own amendments to certain provisions of the BNSS, ensuring localized adaptations.

Changes in Sexual Crime Legislation

Significant amendments are being contemplated in the BNS to address sexual crimes against men and transgender individuals. In the interim, police are advised to apply relevant sections for these complaints.

Impact on Courts and Police Stations

Over 650 district courts and 16,000 police stations will be required to adapt to the new legal framework.

New Evidence Recording Requirements

• Mandatory audio-video recording during search and seizure operations.
• Compulsory forensic examinations for offenses punishable by seven years or more.
• Electronic submission of all recordings to the court "without delay."

Technology Integration in the Criminal Justice System

The reform will incorporate technology through updates to the Crime and Criminal Tracking Network Systems (CCTNS), the introduction of e-FIR and zero FIR systems, and the creation of mobile applications for evidence documentation.

Understanding e-FIR and Zero FIR

e-FIR enables individuals to file complaints online without needing to visit a police station. Conversely, a zero FIR allows for complaints to be lodged regardless of the jurisdiction related to the crime.

Concerns Regarding Implementation

Some non-BJP ruled states have raised objections to the implementation of these laws, alongside concerns regarding the security of data in cloud-based storage systems.

State Preparations for Legal Transition

States are gearing up for this legal transition by developing systems tailored to their capacities, with some establishing specific applications for recording evidence.

Language Accommodations in Legal Processes

The CCTNS software is being updated to facilitate the registration of FIRs in languages beyond just English and Hindi, catering to a diverse population.

Security Measures for Electronic Evidence Systems

Addressing the security of cloud-based systems for data storage is a primary concern, with measures being formulated to ensure the integrity and privacy of electronic evidence.