Three newly formulated laws, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), shall come into force on July 1, 2024. The objective behind formulating these new laws is to modernize the system of criminal justice, expedite the process of justice, and ensure the protection of the affected party.
Today, at the state secretariat, the Secretary of the Home Department, Dr. Pradip Kumar Chakraborty, informed this during a press meet. Highlighting various aspects of the new laws, the Home Secretary, Dr. Chakraborty, said that the criminal laws have been reformed with a priority on eradicating crimes against women, children, and people of all strata of society. The Bharatiya Nyaya Sanhita has replaced the Indian Penal Code of 1860, the Bharatiya Nagarik Suraksha Sanhita has replaced the Code of Criminal Procedure of 1973, and the Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act of 1872. It is noteworthy that, instead of the 511 Sections of the Indian Penal Code, the Bharatiya Nyaya Sanhita now has only 358 Sections.
Moreover, the system of community service has been incorporated as a way of punishment for six types of crimes, and seven new subjects of crime have been added to the Bharatiya Nyaya Sanhita – 2023.
Further highlighting the aspects of the new laws, the Home Secretary said that, as per Section 173 of the new criminal law, a citizen can now lodge an FIR at any police station, regardless of the stipulated jurisdiction. The new law also has a provision for e-FIR. As per Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), all trials, investigations, and proceedings can be conducted in electronic mode. Electronic remote representation of witnesses has been given credence under the new law.
Electronic statements will be considered as effective as written statements. The new law empowers the police to attach any property earned through criminal or unlawful means. For petty offences, arrest may be exempted, especially in the case of disabled or aged persons. Progress of the investigation has to be disseminated to the litigant within 90 days of lodging the complaint.
Similarly, within 60 days of filing a chargesheet, the trial or legal proceedings must commence. On completion of the hearing, the verdict has to be announced within 45 days. A copy of the verdict shall be uploaded on the portal within seven days of its announcement. As per Section 65 (2) of BNSS, the death sentence can be given to perpetrators of rape involving girls under 12 years of age. For offences that attract less than a 3-year term, arrest cannot be made without the permission of an official lower than the rank of DSP.
Under the new criminal laws, top priority has been given to the protection of witnesses. At the press meet, the Home Secretary also informed that, to enforce the three new laws, 2,347 personnel from the police, home (jail), law, health and family welfare departments, prosecution, and State Forensic Science Laboratory have been trained online and offline for skill development.
Additionally, 282 police personnel have received training on the modified CCTNS Application. Infrastructural development, IT-related upgrades, new recruitment, and Rules/SOP formulation will be implemented in a phased manner as per requirement. District-level police officers have continued to carry out awareness programs to make the common people aware of the new laws.
Responding to the questions of the media persons, Law Secretary Sanjoy Bhattacharya informed that pending cases will be dealt with as per the old laws. The new laws will apply to incidents occurring from July 1, 2024. The State Legal Services Authority is also running awareness programs to educate the public about the new laws. The press meet was also attended by IG L. Darlong.
