Beyond a Name Change: How India's New Criminal Laws Redefine Crime and Justice

 

Background

For decades, India’s criminal laws, particularly the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act have carried the legacy of British colonial rule. As we celebrate 76 years of Independence, the government was of the view that it’s high time to shed that colonial mindset and embrace a more progressive legal framework for our country.

On June 16, the Union Minister announced the replacement of the old laws with three new enactments:

·       Bharatiya Nyay Sanhita (BNS), replacing the IPC

·       Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the CrPC

·       Bharatiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act

These new laws have taken effect from July 1, 2024, onward, ushering in a fresh era of justice. Let’s explore the key changes which can be seen with the introduction of new criminal laws, one by one:

1. Digitalization of Courts by 2027

The new bills mandate the digitalization of courts, ensuring faster and more efficient proceedings. By 2027, we can expect a seamless transition to technology-driven justice. In Delhi, the digitization process in district courts and the high Court of Delhi is almost complete, meaning that almost all aspects of case filing, procedure and monitoring are now accessible through online digital methods. 

This however has its own pros and cons, especially in the district courts. In district courts of Delhi, although the process is made digital and online, but there is a compulsory element of filing all such documents that have already been filed digitally, to be filed in court, in the form of a hard copy also. This process defeats the purpose of e-filing and digitization.

In criminal courts like before Judicial Magistrate of First Class (JMFC), after filing of the preliminary application, all other process does not require e-filing and other digital processes. For example, if an application u/s 223 BNSS is filed, after that all the status reports action taken reports, replies, applications, statements etc are to be conducted in an offline manner and do not require any digital e-filing.

There are still a lot of elements in the digitization process that need to be polished for it to make sense in the long run, including the likes of the e-court fee payment system. Many of the lawyers still prefer to pay the court fee in a case through offline method as the digital method is cumbersome and filled with glitches.

2. Timelines for Investigation and Verdicts

• Investigation Completion: It’s now mandatory to complete investigations within 180 days. No more dragging cases indefinitely, at least in theory. If the courts are able to bring it into practice, then it can be considered as one of the most significant change in judicial procedure since independence. But as expected, we are not seeing implementation on the ground as of yet, maybe we will be seeing it in future.
• Verdict Pronouncement: Courts must deliver verdicts within 30 days from the date of final arguments are concluded or termination of trial. In no case can it be more than 45 days as per Section 392 BNSS. Swift justice is the goal.

3. Video Recording of Evidence in Offences with Imprisonment upwards of 7 years

To enhance transparency and protect victims, evidence in cases with imprisonment with 7 years or more, must be video recorded by a forensic team at the place of commission of the offence. This step ensures a fair trial and prevents undue influence.

Read SOPs by Bureau of Police Research and Development, Ministry of Home Affairs

4. Recognition of Organized Crime

The new penal code (BNS) recognizes organized crime kidnapping, extortion, contract killings, and more as offenses committed by members of criminal syndicates. This recognition allows for targeted punishment and addresses contemporary challenges. For detailed discussion on this topic Click Here

5. Smooth Transition for Ongoing Legal Matters

Section 521(2)(a) of BNSS ensures that ongoing appeals, applications, trials, inquiries, or investigations pending before July 1, 2024, will continue under the repealed CrPC. This provision avoids disruption and ensures continuity.

 

Some key differences between the Bharatiya Nyaya Sanhita (BNS), and the Indian Penal Code (IPC)

Let’s compare the two and highlight the key differences:

1.    Reduced Sections/ Provisions:

The IPC had a total of 511 sections, while the BNS streamlined this to 357 sections. This means that the drafters of the new laws have worked to discard irrelevant provisions as per modern times and also merge similar provisions to simplify the process. The aim was to simplify and clarify the legal framework.

2.    Expanded Offenses:

The BNS widened its scope by including offenses that were not part of the IPC. Notably, it covers:

            i.             Mob Lynching: The BNS explicitly addresses mob lynching, recognizing it as a serious offense in Section 103(2) BNS, Comparable to 302 IPC, which provided punishment for murder in a blanket fashion.

          ii.             Cybercrime: With technology playing a significant role in modern life, the BNS incorporates provisions related to cyber offenses.

        iii.             Organised Crime: BNS Recognises Organised crime syndicates and the type of offences they do are separated from when the offences are done by an individual not related to an organised crime syndicate. Such crimes have slightly elevated levels of punishment provided for in BNS.

        iv.             Terrorism: Terrorism is one crime that was not defined in IPC, nor was it provided for separately in IPC. It was used to be treated with Sedition under section 124A IPC, which was inadequate. To read more about the offence Click Here

3.    Gender-Neutral Language:

The BNS ensures gender neutrality in its provisions. For instance, the term ‘minor girl’ in IPC Section 366A is replaced with ‘child’ in BNS Section 96, covering both male and female children.

The offense of importing a girl from a foreign country (IPC Section 366B) now includes boys as well in BNS with introduction of section 96, Procuration of child, which previously it didn’t. The BNS also covers sexual harassment offenses from Section 63 to 99, ensuring gender-neutral protection for all persons, without any discrimination.

There are many such instances spread throughout BNS where we can see gender neutrality being followed by the draftsmen.

4.    Community Service as Punishment:

·  The BNS innovatively includes community service as a punishment for petty offenses. This approach emphasizes rehabilitation over incarceration. In practice though, courts are still under process of understanding the importance of the same and implementing it in the way it is supposed to be. Still there are judges who prefer fines over community service.

5.    Punishment for Mob Lynching:

·  The BNS specifically addresses mob lynching, imposing severe penalties, including death or life imprisonment.

6.    Gang Rape of Minors:

·  The BNS introduces a new offense of gang rape of a woman under Section 70 and 70(1) also for women of 18 years. The punishment can be death or life imprisonment.

Key differences between The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, from the Code of Criminal Procedure (CrPC), 1973

While many core principles remain similar, the BNSS aims to modernize, streamline, and make the process more victim-centric and technology-driven. Here are the key differences between BNSS and CrPC, with explanations:

1. Focus and Philosophy:

• CrPC: Largely seen as a colonial-era legislation, it focused on the procedural aspects of criminal justice with less explicit emphasis on victim rights and technological integration.
• BNSS: Aims for a "citizen-centric" approach, emphasizing victim rights, faster justice delivery, and leveraging technology to enhance efficiency and transparency. It seeks to simplify procedures and reduce delays.

2. Number of Sections:

While CrPC had 484 sections BNSS has 531 sections, indicating a restructuring and addition of new provisions. While this may look that one is completely different from the other, but in reality, its just restructuring of old provision of CrPC into BNSS. In my opinion, the draftsmen and legislators should have put in more effort and brought in a new criminal law in true sense which could handle challenges of our modern times effectively and with less complications. I see it as a missed opportunity on part of our legislators and draftsmen.

3. Zero FIR and E-FIR:

The concept of "Zero FIR" (filing an FIR at any police station regardless of jurisdiction) was introduced by the Supreme Court but not explicitly codified. Electronic FIRs were not formally recognized in many parts of India. This has been rightly addressed in BNSS and provisions have been made for recording of FIR in a police station without jurisdiction. What was once a discretionary option less used by police is now a provision in itself. BNSS explicitly codifies the concept of "Zero FIR," making it mandatory for police to register an FIR for cognizable offenses even if it falls outside their jurisdiction. It also formally recognizes E-FIRs (electronic reports of crimes), though the informant's signature is required within 3 days for it to be counted as an FIR. Read More

4. Timelines for Procedures:

• CrPC often lacked strict timelines, contributing to delays in investigation and trial but with BNSS introduction, specific timelines for various procedures to expedite justice have been specified. Examples include:

§    Medical reports for rape victims within 7 days.

§    Judgment delivery within 30 days of argument completion (extendable to 45 days).

§    Informing victims of investigation progress within 90 days.

§    Framing charges in sessions courts within 60 days from the first hearing.

5. Technology Integration:

• CrPC had limited use of electronic means whereas BNSS is highly technology-friendly. It allows for:

§   Electronic service of summons, warrants, and reports.

§   Audio and video recording of searches and seizures (mandatory for transparency).

§   Electronic recording of statements, warrants, and processes.

§   Conducting inquiries and trials in electronic mode.

6. Forensic Investigation:

• Wherein Forensic investigation was discretionary in CrPC, BNSS mandates forensic investigation for offenses punishable with 7 years or more imprisonment. Forensic experts are required to visit crime scenes, collect evidence, and document the process electronically.

7. Samples and Impressions Collection:

• Where we saw in CrPC the authorized Magistrates had power to order specimen signatures or handwriting in BNSS this expands to include finger print impressions and voice samples, and crucially, these can be collected even from individuals not under arrest. Let me know in comments if you want to discuss this in detail.

8. Detention Provisions for Undertrials:

• CrPC: If an accused spent half of the maximum imprisonment period in detention, they were to be released on a personal bond (not applicable to death penalty offenses).
• BNSS: Adds exceptions: this provision also does not apply to offenses punishable by life imprisonment or to individuals facing proceedings in more than one offense.

9. Medical Examination Authority:

• Earlier in CrPC, medical examinations of accused persons were conducted upon request of a sub-inspector-level police officer. Now under BNSS this expands this authority, allowing any police officer to request such examinations.

10. Attachment of Property during Investigation:

• Under BNSS, it empowers the Magistrate to order interim attachment of property believed to be derived from criminal activity, even without giving the accused an immediate opportunity to be heard. This property can then be used for victim compensation. This was less explicit or streamlined in CrPC.

11. Court Hierarchy and Designations:

• CrPC: Allowed state governments to designate metropolitan areas with Metropolitan Magistrates.
• BNSS: Completely removes the classification of metropolitan areas and the concept of Metropolitan Magistrates. It also abolishes the positions of Judicial Magistrate of the third class and Assistant Sessions Judges.

12. Victim Rights:

• BNSS has strengthens victim rights, including the right to be heard at the bail stage and the right to receive updates on the investigation's progress. Read More

13. Proclaimed Offenders and Trial in Absentia:

• BNSS has Introduced provisions for conducting trials and pronouncing judgments ex parte, against proclaimed offenders who have absconded to evade trial and where there is no immediate prospect of their arrest. This was not a standard provision in CrPC.

 

Key differences between the Bharatiya Sakshya Adhiniyam (BSA), 2023, and the Indian Evidence Act (IEA), 1972

1.    Territorial Applicability:

The IEA applied to the entire territory of India, whereas the BSA omits this clause regarding territorial applicability. This is done intentionally by the draftsmen to have the ambiguity dictate its jurisdiction over and above for where it is specified.

2.    Definitions:

·       BSA excludes the interpretation of ‘India’ previously given in section 3 of the IEA for the same reasons as above, that is to have much wider meaning and to have a sense of ambiguity dictate the jurisdiction. In my opinion, the legislators must have wanted to BSA to be relevant even in proceedings on foreign land or on disputed occupied territories by foreign state.

·       Notable updates in BSA definitions include:

§  Inclusion of electronic and digital records in the definition of “document.”

§  Addition of “including statements given electronically” and “or digital” in the definition of “evidence.”

3.    Gender-Neutral Language:

BSA replaces the word “man” with “person” in various contexts for example in Illustration (e) in the IEA—“That a man has a certain reputation, is a fact”—has been omitted in BSA.

4.    Recognition of Cyber Evidence:

BSA explicitly includes statements given electronically and digital records as evidence. This is particularly important in modern times where India is set to enter the digital era, maybe even poised to lead the world. Hence it is important for our country to have elements of digitisation in the process of justice. However, I am of the firm view that till the process of recording evidence in courts through digital means does not become fool proof, it should not be implemented in our process and allowed to replace the earlier system of physically recording evidence in courts. It is necessary step to ensure justice in our society.

5.    Modernization and Clarity:

BSA aims to simplify and streamlines evidence rules, making them clearer and more relevant to contemporary legal needs. Although in my opinion, the drafters have not put in much effort into the new law in order to incorporate crucial changes that pertain to this digital era and digital evidences in this constantly evolving era of digital crimes. The topic remains more or less similar to that of the previous iteration in Indian Evidence Act.             

 

Pros and Cons of New Criminal Laws

Following are the list of pros and cons which can be assessed and summarised with the implementation of the new criminal laws (BNS, BNSS and BSA), when compared to the earlier version of criminal laws in the form of IPC, CrPC and IEA.

Pros:

• Modernization: Our legal system aligns better with the times.
• Efficiency: Strict timelines reduce delays.
• Victim Protection: Video-recorded evidence safeguards victims’ rights.
• Recognition of New Crimes: Organized crime gets its due.

Cons:

• Adjustment Period: Legal professionals and courts need time to adapt. Changes should not be forced but rather allowed to take their time for the transition to take place from the old process to the new one.
• Implementation Challenges: Transitioning smoothly requires effort. This is specifically true with respect to provisions relating to recording of evidences through electronic mode. As on the date of publishing this discussion piece (27.08.2025), the advocates and lawyers of the Delhi district court are on strike because of a recent notification issued by the Lieutenant Governor (LG) that designates police stations as "designated places" for police officers to give court depositions via video conferencing. This is against fair trial as the physical presence of a witness in court is crucial for cross-examination, as it allows lawyers and judges to observe their body language, gestures, and demeanour. They believe this new rule could lead to manipulation of evidence or coaching of witnesses, hence should have not been implemented till an undeniably tamper-proof process is developed and implemented for the same.
• Balancing Speed and Fairness: Quick verdicts must not compromise justice.

Conclusion

In summary, these new criminal laws represent a significant step toward a more just and efficient system. As we bid farewell to the colonial past, let’s embrace this reformative approach and work collectively for a stronger, fairer India.

While the BNSS represents a shift towards a more dynamic, efficient, and victim-focused criminal justice system in India, aiming to address the perceived shortcomings and delays of the older CrPC by embracing modern tools and a more structured approach the BSA represents a progressive shift, aligning evidence laws with the digital age and ensuring justice for all.

In conclusion, these criminal laws have tried to integrate challenges of present times into our criminal laws, but it is also true that they have missed a significant opportunity to do even better and bring in change much more than just renumbering of old provisions.

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Sources/ References:

New Criminal Laws (BNS, BNSS, BSA)

SOPs by Bureau of Police Research and Development, Ministry of Home Affairs

List of main Changes 

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Related Blogs:

 FIR Registration Made Simple: A Comprehensive FAQ Guide

All You Need to Know About Zero FIR: A Crucial Tool for Victims of Crime

1.    Perspective Dive: Community Service as an Alternative Punishment in BNS

1.    Old Meets New: A Comprehensive Guide to Investigation Procedures Under Section 176 BNSS

1.    Unveiling the Bhartiya Nagarik Suraksha Sanhita(BNSS): A Legal Revolution Unfolding

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