NEW CRIMINAL LAWS

BY – Aniket Singh
With effect from 1st July 2024, new criminal laws came into force Bhartiya Nagarik
Suraksha Sanhita, 2023, Bhartiya Sakshya Adhiniyam, 2023 & Bharatiya Nyaya Sanhita,
2023, repealing Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 & Indian
Penal Code 1860.
An evident assertion by the Indian Parliament is the enactment of new laws, the enactment of
which purportedly asserts that the legal system of India is also on the move and pacing with
the growing society. As old criminal laws were good but they weren't that effective
nowadays. Indian Society needed new Legal Instruments to deal with the present challenges
and it would need further changes in the future too." The commencement of new criminal
laws in India recently has been a landmark moment in the legal history of the country. These
laws also mark a substantial deviation from the erstwhile legal framework, suggesting some
key changes and notable comparisons.
1. Language Update: Such accompanying contemporary or easy-to-understand language with
these new laws makes the entire process of law understandable to the public. The wording
leads away from colonial terminologies and goes a long way toward opening up the justice
system to better understanding among the masses. Besides, when clear terms are used, it
reduces the chances of misinterpretation and the rule of law.
2. Victims' rights-oriented approach: BNSS lays paramount emphasis on victims' rights by
putting the question of victim compensation and rehabilitation at the forefront. This
vociferous, victim-centered approach stands positively to make a digression from the old
Code of Criminal Procedure and ensures that the victim's hitherto-fractured voice will be
purged and their needs adequately addressed. BNSS thus lends more credence and fairness to
the criminal justice system by underscoring victims' rights.
3. Integrate Technology: Where the old laws were silent over the matter, the new law takes
cognizance of the fact that technology holds an omnipresence in crime and law enforcement
today. Electronic evidence has to be considered, digital forensics and connected things have
to be considered, filling in lacunae in the Indian Evidence Act, of 1872, so that justice gets
done in the epoch of cyberspace. The use of technology will go in that direction to enhance
the effectiveness and efficiency of the enforcement so that better nesting can be done for law
enforcement matters pertaining to cybercrime and other technology-enabled offenses.

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4. Stricter Penalties: The penalty under BNS for crimes related to or having an element of
terrorism, organized crime, and cyber offenses has been enhanced. These are crimes of a
nature likely to change the character of criminal offenses in the 21st century. While
prescribing stricter sentences, the BNS thus sends out, as it were, in no uncertain terms, that
such crimes would not be tolerated. These increased punishments provide an overall tone of
strong deterrence, especially in those crimes of a ghastly nature.
5. New Crimes Identified and Criminalized: The BNS identifies and criminalizes new
offences, that were not part of the IPC, such as mob lynching, economic offences, and some
forms of electronic crimes. This, in these enactments, spells a concern for the contemporary
problems of society, and that the law would keep pace with the evolution of crimes. The
implementation of those new offenses' criminalization, therefore, amounts to an effort on the
part of BNS towards protection from new emerging threats and their rights safeguarded.
6. Streamlined Procedures: BNSS lays down time frames for completing investigations and
the filing of charge sheets; this itself is an attempt at rectifying an anomaly in the old system
where investigations have been allowed to drag on interminably without any time frame.
Timelines in BNSS allow for efficiency and justice to be properly meted out. The
streamlined procedure in BNSS reduces delay and therefore lightens the burden on the
judiciary. It ensures the finality of cases within a definite timeframe.
7. Community Work The provision for community service under the new laws as
punishment for certain criminal acts is one aspect that was lacking in the old laws. This
rehabilitation-based approach thus helps maintain the belief that petty crimes can be best
managed under constructive and restorative sections. Community work offers an alternative
form of punishment to the offenders, enabling them to make atonement by doing something
meaningful toward society.
8. Gender-Neutral Language: Unlike the erstwhile laws, which used words denoting specific
gender, the new law has been used throughout the language of gender neutrality. This change
in terminology is at par with the changing societal norms and makes the application of the
law equal, just, and appropriate for one and all. The new laws come closer to gender equality
and by the use of gender-neutral words go even further in avoiding the theory of any form of
discrimination directed at any gender.
An important chapter in the criminal justice system of India was opened by the Bhartiya
Nagarik Suraksha Sanhita, Bhartiya Sakshya Adhiniyam, and Bharatiya Nyaya Sanhita all of
which have just come into operation. The final effectiveness of all these will depend on how

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they are implemented. Critics have pointed out that some of its provisions, especially those
relating to the enhanced power of the state in matters of investigation, have the potential to
impinge on individual rights.
The Criminal Justice System of India suffers many ills: case arrears, resource constraints,
and the necessity for police and judicial officials to undergo copious training. However, this
resolve has highlighted a perennial challenge of how to juggle people's rights in a democratic
nation against the quest or realization of security.
Ultimately, the Bhartiya Nagarik Suraksha Sanhita, Bhartiya Sakshya Adhiniyam, and
Bharatiya Nyaya Sanhita will bring a solution to contemporary problems and will reframe
the scenario of India's legal situation. They, in a way, represent a quantum leap in the making
of the criminal justice system of India. Their effectiveness and the contribution these laws
can make toward the cause of justice in such a changing society will only be written by their
implementation and consequent evaluation.
What has to be underlined is that all these legislative enactments are not simply and
technically amendments in the statutes but amendments in the nature of crime and the need
that there must be always an adjustment towards these nature changes. The Bhartiya Nagarik
Suraksha Sanhita, therefore, gives investigating powers, much-needed to arm the rank and
file in the policing agencies, whereas the Bhartiya Sakshya Adhiniyam aims to expedite the
process of collection and examination of such evidence in courts of law. That is where the
Bharatiya Nyaya Sanhita comes in with its many admirably thought-out provisions for
bringing in more efficiency and transparency into this process.
Sure, the reforms are ambitious, but their success story will have to be pegged on efforts by
the Judiciary, the police, members of civil society organizations, and the general public. All
that these new laws desire is a scenario where all forces will be converged to make sure
enforcement takes place in a manner that not only respects the rights of the people but also
the administration of justice is effective. It is only then that Bhartiya Nagarik Suraksha
Sanhita, Bhartiya Sakshya Adhiniyam, and Bharatiya Nyaya Sanhita will really come into
their own and transform the criminal justice system of India for the better.
-Aniket Singh
+91 9838844355
Shri Ramswaroop Memorial University, Deva Road, Lucknow
BBA LL.B(H) 5th Year

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