• UGI USER
  • Jul 02, 2024
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“NEW CRIMINAL LAWS: FOCUS ON JUSTICE AND LINGUISTIC ACCESSIBILITY”

Why in the news?

  • Union Home Minister Amit Shah announces new criminal laws prioritising justice and linguistic accessibility, addressing Tamil Nadu’s objections.
  • New laws include provisions for audiovisual recording of search and seizure, mandatory forensic examination in serious cases.

Key Points: New Criminal Laws in India

  • Laws Implemented: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) came into effect nationwide on July 1.
  • Purpose: These laws replaced colonial-era statutes such as the Indian Penal Code (1860), Code of

Criminal Procedure (1973), and Indian Evidence Act (1872).

  • Jurisdiction: They govern India’s criminal justice system comprehensively, covering penal offences, investigation procedures, evidence collection, and trial processes in courts.
source:ht
About Bharatiya Nyay Sanhita (BNS):

  • Clause 69: Criminalizes sexual intercourse using deceitful means like false promises, with penalties up to 10 years imprisonment and fines.
  • Clause 103: Recognizes murder based on race, caste, or community as a separate offence, responding to Supreme Court directives on crimes like lynching.
  • Clause 111(1): Includes provisions from the Unlawful Activities Prevention Act (UAPA) to combat organised crime, covering activities like kidnapping, robbery, cyber-crimes, and economic offences.
  • Clause 304(1): Defines snatching as a distinct crime from theft.

Bharatiya Nagarik Suraksha Sanhita (BNSS):

Expansion of Police Custody: Extends police custody from the existing 15-day limit under CrPC to up to 90 days for specified cases.

Victim-Centric Approach: Ensures victims are heard in cases where the punishment is seven years or more, before any government decision to withdraw the case.

Bharatiya Sakshya Adhiniyam (BSA):

  • Expanded Secondary Evidence: Broadens categories such as oral admissions and written submissions.
  • Confessional Admission: Reduces the significance of confessional statements made by accused individuals in criminal proceedings.

Associated Article:

https://universalinstitutions.com/new-criminal-laws-in-force/

https://universalinstitutions.com/transition-to-new-criminal-laws-in-india/