New criminal laws, replaced outdated colonial laws

Colonial laws Replaced

New criminal laws come into effect

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New criminal laws, replaced outdated colonial-era statutes.

 

What is different, The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) will replace the Criminal Procedure Code (crpc); the Bharatiya Nyaya Sanhita (BNS) will replace the Indian Penal Code; and the Bharatiya Sakshya Adhiniyam will replace the Indian Evidence Act.

 

  1. Criminal case judgments must be delivered within 45 days after the trial ends.
  2. Charges must be framed within 60 days of the first hearing.
  3. Statements from rape victims will be recorded by a female police officer in the presence of the victim’s guardian.
  4. Punishments for cases where women are abandoned after being misled by false promises of marriage.
  5. Incidents can now be reported via electronic communication, eliminating the need to visit a police station.
  6. Arrested person has the right to inform a person of their choice about their situation, so that he can receive immediate support.
  7. Definition of "gender" now includes transgender people.
  8. For certain offences against women, victim statements should be recorded by a woman magistrate when possible.

Male magistrate must record the statement in the presence of a woman. Statements related to rape must be recorded through audio-video means.

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The BNS has 358 sections, compared to the 511 in the IPC. Therefore, the longstanding numbering of many criminal charges listed in the IPC has changed. For instance, Section 420, which defined cheating, led to the number ‘420’ becoming a catchall and commonly used term for such crimes. It is now listed as Section 318 in the BNS. Here is a list of some major criminal charges and how they are numbered in the BNS.

  1. Punishment for murder

Previously Section 302 in the Indian Penal Code, the offence is now covered under Section 103 of the Bharatiya Nyaya Sanhita.

  1. Attempt to murder

Previously Section 307 in the Indian Penal Code, the offence is now covered under Section 109 of the Bharatiya Nyaya Sanhita.

  1. Rape

Previously Section 375 in the Indian Penal Code, the offence is now covered under Section 63 of the Bharatiya Nyaya Sanhita.

  1. Gang rape

Previously Section 376D in the Indian Penal Code, the offence is now covered under Section 70 (1) of the Bharatiya Nyaya Sanhita.

  1. Cruelty against a married woman

Previously Section 498A in the Indian Penal Code, the offence is now covered under Section 85 of the Bharatiya Nyaya Sanhita.

  1. Dowry death

Previously Section 304B in the Indian Penal Code, the offence is now covered under Section 80 of the Bharatiya Nyaya Sanhita.

  1. Sexual harassment

Previously Section 354A in the Indian Penal Code, the offence is now covered under Section 75 of the Bharatiya Nyaya Sanhita.

  1. Outraging the modesty of a woman

Previously Section 354 in the Indian Penal Code, the offence is now covered under Section 74 of the Bharatiya Nyaya Sanhita.

  1. Criminal intimidation

Previously Section 503 in the Indian Penal Code, the offence is now covered under Section 351 of the Bharatiya Nyaya Sanhita.

  1. Defamation

Previously Section 499 in the Indian Penal Code, the offence is now covered under Section 356 of the Bharatiya Nyaya Sanhita.

  1. Cheating

Previously Section 420 in the Indian Penal Code, the offence is now covered under Section 318 of the Bharatiya Nyaya Sanhita.

  1. Criminal Conspiracy

Previously Section 120A in the Indian Penal Code, the offence is now covered under Section 61 of the Bharatiya Nyaya Sanhita.

  1. Sedition

Previously Section 124A in the Indian Penal Code, the offence is now covered under Section 152 of the Bharatiya Nyaya Sanhita.

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