New Criminal Law 2023
The Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2) is a new penal code that was enacted by the Indian Parliament on December 21, 2023. It replaces the Indian Penal Code (IPC), which was enacted in 1860. The BNS2 is a comprehensive law that covers a wide range of offences, including crimes against the person, property, and the state.
The BNS2 makes a number of significant changes from the IPC. Some of the key changes include:
- The BNS2 includes a new offence of terrorism. This offence is defined as the use of violence or the threat of violence to achieve political, religious, or ideological objectives. The penalty for terrorism is life imprisonment or death.
- The BNS2 also includes a new offence of petty organised crime. This offence is defined as the commission of two or more offences by a group or gang, if the offences are punishable with imprisonment for more than three years. The penalty for petty organised crime is imprisonment for up to seven years.
- The BNS2 increases the penalties for a number of offences, including rape, murder, and robbery. The penalty for rape, for example, is increased from seven years to life imprisonment.
The BNS2 has been met with mixed reactions. Some people have welcomed the changes, arguing that they are necessary to address the challenges of modern society. Others have criticized the changes, arguing that they are too harsh and that they do not adequately protect the rights of the accused.
Only time will tell what the long-term impact of the BNS2 will be. However, it is clear that the law is a significant departure from the IPC and that it will have a major impact on the Indian criminal justice system.
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) is a new criminal procedure code that was enacted by the Indian Parliament on December 21, 2023. It replaces the Code of Criminal Procedure, 1973 (CrPC). The BNSS2 is a comprehensive law that governs the procedural aspects of criminal justice in India.
The BNSS2 makes a number of significant changes from the CrPC. Some of the key changes include:
- The BNSS2 mandates forensic investigation for offences punishable with seven years of imprisonment or more. Forensic experts will visit crime scenes to collect forensic evidence and record the process.
- All trials, inquiries, and proceedings may be held in electronic mode. This will allow for greater efficiency and convenience.
- Production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial. This will help to ensure that digital evidence is preserved and can be used in court.
- The BNSS2 expands the scope of property seizure. The police will now be able to seize property that is used in the commission of an offence or that is likely to be used to commit an offence.
- The BNSS2 alters powers of police and Magistrates. The police will have more powers to investigate offences, while Magistrates will have less discretion to grant bail.
The BNSS2 has been met with mixed reactions. Some people have welcomed the changes, arguing that they are necessary to address the challenges of modern society. Others have criticized the changes, arguing that they are too harsh and that they do not adequately protect the rights of the accused.
Only time will tell what the long-term impact of the BNSS2 will be. However, it is clear that the law is a significant departure from the CrPC and that it will have a major impact on the Indian criminal justice system.
The Bharatiya Sakshya (Second) Adhiniyam, 2023
The Bharatiya Sakshya (Second) Adhiniyam, 2023 (BSB2) is a new law that was enacted by the Indian Parliament on December 21, 2023. It replaces the Indian Evidence Act, 1872 (IEA). The BSB2 is a comprehensive law that governs the admissibility and evaluation of evidence in Indian courts.
The BSB2 makes a number of significant changes from the IEA. Some of the key changes include:
- Electronic records as primary evidence: The BSB2 classifies electronic records as primary evidence, rather than secondary evidence as under the IEA. This means that electronic records, such as emails, social media posts, and digital images, can be admitted as evidence without the need for secondary evidence, such as printouts or affidavits.
- Expert evidence: The BSB2 introduces a new provision for expert evidence. Under this provision, an expert witness can be called to give evidence on any matter that requires special knowledge or skill.
- Hearsay evidence: Hearsay evidence is evidence that is not based on the personal knowledge of the witness. Under the BSB2, hearsay evidence is admissible in certain cases, such as when it is the best evidence available or when it is corroborated by other evidence.
The BSB2 has been met with mixed reactions. Some people have welcomed the changes, arguing that they are necessary to address the challenges of modern society. Others have criticized the changes, arguing that they are too broad and that they could lead to the admission of unreliable evidence.
Only time will tell what the long-term impact of the BSB2 will be. However, it is clear that the law is a significant departure from the IEA and that it will have a major impact on the Indian legal system.