Published On: August 25th 2025
Authored By: Charu Seth
Bharati Vidyapeeth New Law College, Pune
Abstract
The existence of criminal laws is prevalent since time immemorial. It was present either in the form of Dharma or on the basis of morality according to the norms of the society. The medieval Era was the first to witness the establishment of the Courts and later the British introduced and shaped the modern criminal justice system by introducing the major criminal laws.
The article highlights upon the amendment in these criminal laws and the modifications which has been brought by the Indian Government. It also brings forth the intention of the legislatures for Indianizing these British made laws. It deals with the major changes in the procedural law and it’s impact upon the working of the executive and the judiciary.
Introduction
The Parliament introduced the Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha and the Bharatiya Sakshya Adhiniyam bill in August 2023 with an aim to denounce the British regime enacted laws in words and spirit. The Criminal Laws Reform Committee was formed under the leadership of Prof (Dr.) Ranbir Singh. Ultimately, the enforcement of the Acts will commence on 1st July 2024.
The shift from the precursory colony towards the ‘Swaraj Rule’ is highlighted from the name Bharat itself. It addresses the need of technology in the enforcement of laws and the struggle for justice. In a democratic country like India, the satisfaction of people especially the victims is of paramount importance; thus the advent of the new offences like organized crime, mob lynching, terrorism along with other aspects like community services and victim centric approach leads to increased accountability and efficiency in the justice system.
Notifications of the New Laws
On 11th August 2023, the bill was introduced by the Minister of Home Affairs (Amit Shah) in Lok Sabha. On 12th December 2023, the same was withdrawn and the Second Bill for the Acts was introduced. On 20th December it was passed in the Lok Sabha and the very next day it was introduced in the Rajya Sabha. The bill was passed in the Rajya Sabha on 21st December 2023, and it received the assent of the President on 25th December, 2023. Finally, the bill was operationally active from 01st July, 2024.
Aim and objective
It is better that a hundred offenders go free than that one innocent person be convicted” is a paraphrase of Blackstone’s Ratio, a legal principle attributed to the English jurist William Blackstone.
The intention of the Lawmakers is clear and relied upon the jurisprudential aspect according to Bentham, Cesare Beccaria, Wexler and Winick that the primary aim of the legal system should be Justice rather than punishment. They also talked about the rehabilitation of the offenders so as to promote the societal well-being of the individuals.
The Bharatiya Nyaya Sanhita, 2023
It is a redefined approach to the Indian Penal Code, 1860. A strong shift is evident in the Act due to it’s rehabilitative approach. It addresses several new crimes and is aimed to be citizen centric. The Act is being drafted with a gender neutral approach and has included petty offences within it’s ambit. ‘Adultery’ and ‘unnatural offences’ are not included in this Sanhita and are removed from the purview. The Lawmakers have brought a significant reform in the offences against the body, sexual offences against woman, sedition, organized crime, mob lynching and terrorism in accordance with the contemporary needs.
The Bharatiya Nagrik Suraksha Sanhita Bill, 2023
It repealed the previously framed procedural law i.e., the Criminal Procedure Code, 1973. The new bill contains a total of 533 Sections and added nine new provisions along with changes in 160 provisions. It aims at providing speedy justice and is aligned with the Constitution. The word ‘Suraksha’ connotes towards the principles of fairness, justice and reasonableness. It increases transparency and aims to promote the higher standards of flexibility and efficiency in the administration of justice.
Key changes in the procedural provisions
- Hierarchy of the Courts
The constitution of the Criminal courts have been altered; the hierarchy is followed in a different manner as the lowest court is the court of judicial Magistrate second class followed by the First Class Magistrate and Chief Judicial Magistrate. Above them, is the court of additional sessions and sessions judge and then finally the High courts and Supreme Court for the adjudication of cases against the State.
- Wide Arresting Powers to Police
According to Section 43(2) and (3) of the BNSS, a Police Officer can use “all necessary force” to effect the arrest of the person. After considering the nature and gravity of the offence, it allows the handcuffing if the sovereignty, unity and dignity of the country is endangered.
- Preventive Detention
Section 172 of the BNSS states clearly that if the orders of the police are disregarded, refused or resisted then it would lead to arrest of such persons. It gives power to police in case of disobedience which was not provided in the CrPC earlier.
- Police Custody
According to Section 187(2) of the Act, it is possible to request up to 15 days of police custody, either in full or in segments, within the first 60 days if the offense carries a potential death sentence, life imprisonment, or a minimum of 10 years of imprisonment. For other offenses, this request can be made during a 40-day period.
- Preliminary Inquiry
Section 173 allows Preliminary enquiry before the registration of FIR if their is a prima facie case. Information can be given both electronically and orally. If it is given orally then it shall be reduced to writing and be read over to the informant along with it’s copy. If it is given through electronic communication then it shall be taken on record within three days and also be signed.
- Trial of proclaimed offender In-absentia
Sec 356(1) BNSS gives a new direction to the law as it allows the trial to proceed even if the accused is not physically present. After complying with all the legal procedures of summons, warrants, and issuance of notice the court can pronounce the judgement and dispose off the matter. An appeal is also allowed for the same provided that the absconded accused surrenders to the Court.
- Power of Government to commute sentences
The addition of section 475 BNSS has brought a significant change in section 433 CrPC. The death sentence cannot be computed to any sentence except for the life imprisonment. Similarly, a sentence of life imprisonment as well as rigorous one could not simply be commuted to fine.
- Power of Magistrate to order sample or specimen
Section 349 gives power to the Magistrate to order for the fingerprints and voice samples without effecting arrest. Earlier, it was restricted for the arrested accused.
- Provisions related to Bail
Bail shall not be granted to those persons against whom multiple proceedings are already existing as stated by Section 481(2). A strict approach towards the application of the Criminal laws are being made under the new Act.
- Zero FIR
The BNSS provides that a victim can file a police complaint anywhere irrespective of the area where the offence has been committed. It has made the lodging of the report flexible and convenient for the people who are in urgent need. After the FIR is lodged, it is transferred to the police station having jurisdiction to try the same.
Cases
- State of A.P. v. Punati Ramulu AIR 1993 SC
The concept of Zero FIR was recognized by the Supreme Court.
- Dharam Deo Yadav v. State of U.P. (2014) 5 SCC 509
In this case, the Supreme Court emphasised the need for the scientific crime scene management.
- Ritesh Sinha v State of U.P. AIR 2019 SC
The Supreme Court ruled that the accused can be asked to give his voice sample as for the purpose of investigation and enquiry.
- Tehseen S Poonawalla v. Union of India (2018) 9 SCC 501
The Supreme Court in this decision has shown concerns towards the incidents of mob lynching and highlighted the idea regarding the need for the recognition of such acts.
- Joseph Shine v. Union of India (2019) 3 SCC 39
The offence of Adultery was decriminalized by the Supreme Court and the same has been incorporated in the Criminal Reforms by not recognizing the same.
The Bharatiya Sakshya Adhiniyam, 2023
The Act replaced the Indian Evidence Act. It has introduced the admission of technological modernisation in the system. The electronic records are now considered as documents, and hence their status has itself shifted from primary to secondary evidences. With these advancements, the resolution of the cases are much more simpler and flexible providing a path for finding the true nature of the Justice. The digital records provides an accurate and true analysis of the happenings and non-happenings of any event curbing the chance of corruption and misuse of documents. Furthermore, the access to records are made easier and collection of information and investigation are made comparatively effective.
Potential Challenges
The major problem with the Amendment in Criminal laws relates to training and adaptation for interpretation by the judiciary. The management of both the old and new provisions will increase the pendency of cases as the new laws are prospective in nature. The administration would be comparatively difficult due to resource constraints and lack of public awareness. The Judicial system is to be upgraded with the latest version of technology and infrastructure so that the logistical challenges are resolved.
Conclusion
The Act provides a strict approach towards the adherence to the provisions. It aims for the resolution with a more human centric approach as community services are introduced as a form of punishment. With the use of technology and E-compliance’s the production of evidences are reliable. The acknowledgment of Cyber Crimes and it’s repercussions were the need of the society.
A fixed time period was required for the cognizance of the complaints so as to attend the higher ends of justice. The forensic examinations and investigations further helps for the accurate verification of the documents. The reform brought has a wide scope of interpretation and the pavement for bringing about a change in the existing society.
References
- https://bprd.nic.in/uploads/pdf/1725273999_10c3ed6ede64b4c3cf6b.pdf
- https://cdnbbsr.s3waas.gov.in/s3ec0369f268fb2ba1068615b3219c6e8f/uploads/2024/06/2024061512.pdf
- https://www.pwc.in/ghost-templates/revamping-indias-criminal-justice-system-bns-bnss-and-bsb.html
- https://apcrindia.in/wp-content/uploads/2024/01/REFORM-AND-REFLECTION-ANALYSIS-OF-CRIMINAL-LAWS-AMENDMENT-BILL.pdf
