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6 Tweets 11 reads Jul 01, 2024
As of July 1, 2024, three new criminal laws have come into effect across India:
Replacing -
• IPC by Bharatiya Nyaya Sanhita (BNS)
• Cr.PC by Bharatiya Nagrik Suraksha Sanhita (BNSS)
• Indian Evidence Act by Bharatiya Sakshya (BS)
The three New Criminal Laws will take effect nationwide, significantly altering India's criminal justice system and replacing colonial-era legislation.
Here are the top 10 changes you must know!
Bharatiya Nyaya Sanhita (BNS)
Replaces: Indian Penal Code, 1860.
Key Changes:
• Sexual Crimes Against Men and Transgender Persons:
- The BNS is expected to be amended soon to include a section specifically addressing sexual crimes against men and transgender persons.
- Until then, police are instructed to use allied charges such as wrongful confinement and physical hurt.
• Concurrent Operation:
- The IPC will continue to operate alongside the BNS for pending cases and crimes reported after July 1 that occurred before this date.
Bharatiya Nagrik Suraksha Sanhita (BNSS)
Replaces: Code of Criminal Procedure (Cr.PC)
Key Provisions:
• Procedure for Arrest, Bail, and Custody: The BNSS outlines the procedures and conditions for arrest, bail, and custody.
• Cognisable Offences: These will now be registered under Section 173 of the BNSS instead of Section 154 of the Cr.PC.
• State Amendments: States have the freedom to amend certain provisions of the BNSS as per their requirements.
• Electronic FIRs: The Crime and Criminal Tracking Network Systems (CCTNS) has been upgraded to allow for e-FIRs and zero FIRs, which can be filed irrespective of the crime location's jurisdiction.
• Language Support: FIRs can now be registered in languages other than English and Hindi.
Bharatiya Sakshya (BS)
Replaces: Indian Evidence Act, 1872
Key Provisions:
• Electronic Evidence: The BS mandates compulsory audio-video recording of search and seizure operations and forensic examinations for offences attracting seven years or more of punishment.
• Submission of Evidence: Recordings must be submitted electronically to the court without delay.
• eSakshya Application: A mobile-based application to help police record crime scenes and upload files to a cloud-based platform. States like Delhi have developed their own systems, such as the e-pramaan application.
eSakshya App
• Recording scenes of crime, search, and seizure activities using their mobile phones.
• Uploading Evidence to a cloud-based platform.
• Uniformity in investigation.
• Increase Conviction Rate

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