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Our new criminal laws are a crucial change in the paradigm of India’s legal framework. To a large extent, our former laws were outdated criminal laws dating back to the British era and were still being applied in modern Indian courts. The new laws introduce a reformative method by enacting modern legislation. The new laws seek to replace the colonial-era punishments with an emphasis on justice. It also integrates advances in technology for court investigations and police procedures. Through this blog, we will deliver an overview into these updated Indian laws.

An Overview On New Laws

The reforms are not just cosmetic changes, rather a complete overhaul of the criminal laws in India to be more in line with modern reality. The new laws seek to correct the long-standing loopholes of the current statutes, which are condemned for being outdated and insensitive to the changing needs of society.

The new criminal laws include:

• The Bharatiya Nyaya Sanhita focuses on substantive criminal law and aims to simplify and revise the law in line with current social values and technological advancements.
• The Bharatiya Nagarik Suraksha Sanhita overhauls procedural elements, which ensures faster and more efficient justice delivery.
• The Bharatiya Sakshya Adhiniyam modernizes the rules of evidence to incorporate electronic and digital records which are becoming more relevant in today’s technological age.

About Bharatiya Nyaya Sanhita, 2023

• Bharatiya Nyaya Sanhita of 2023 is a plan to redefine and modify the law, while replacing the formerly ineffective Indian Penal Code, 1860. 
• The Bharatiya Nyaya Sanhita, specifically dealing with organized crime, is an important shift in the law in India, making forensic investigation a mandate. 
• Through the amendment, repeal and introducing new sections, the law seeks to take an individualized approach to offenses by imposing punishments on those who pose a threat to the unity, sovereignty and the integrity of India.
• BNS also deals with issues like terrorism and organized crime.
• It also distinguishes between minor and serious crimes by imposing harsh penalties for serious offenses. 
• The act develops a balanced method of punishment based on deterrence and reformation by introducing new penalties for community service.
• Recent legislation has included snatching as an offense under section 304 in the Bharatiya Nyaya Sanhita.

About Bharatiya Nagrik Suraksha Sanhita, 2023

• The act focuses on improving the criminal procedure system. 
• Through establishing time frames for investigations, it aims to make justice more accessible and meet the changing needs of the society.
• A significant change is evident in Section 176 which talks about the investigation of offenses punishable by seven years or more imprisonment. 
• The law states that government appointed experts will be involved in carrying out investigations immediately. 
• Moreover, Section 173 in the BNSS takes on the new digital age by allowing for digital procedures for trials, inquires and other proceedings. This shift to documenting and proceedings is in line with advances in technology and streamlining legal procedures. 
• One innovative revolution is implementing Zero FIRs. The section 173 of the Act provides legal right to individuals to lodge an FIR for any cognizable crime at any police station, regardless of its jurisdiction. The FIR should be sent to the police station to investigate crimes committed in that area within the period of fifteen days.

About Bharatiya Sakshya Adhiniyam, 2023

• The Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act of 1872, resulting in changes in the form and structure of Evidence Law. 
• Currently, when technology forms a major factor in criminal justice, this new law recognizes electronic evidence created or transferred by any computer or other device able to save or retrieve information. 
• Section 57 of BSA emphasizes on acknowledging the value of digital records in the primary evidence. 
• Moreover, the Act contains provisions allowing the presentation of electronic evidence, even oral evidence. This makes it possible for witnesses to testify remotely, giving equal importance to digital and paper-based documents. 
• The section 24 of the Act extends to the concept of joint trials.

Wrapping Up!

We tried our best to serve the best possible overview about the new criminal laws to our readers. The New Criminal Laws aim to create a swift and efficient system of criminal justice, serving both challenges and opportunities. The change to this modern system adapted to the advancements in technology of the current era will only be efficient if law enforcement agencies break free from the previous system. You can seek assistance from the best criminal lawyers in Bangalore to protect your rights and interests under the new laws.