Bhartiya Nyaya Sanhita: Focused on justice, not punishment; Key points you should now

Several amendments have been made to the Indian Penal Code, which is now Bharatiya Nyaya Sanhita, assures that no one will have to wait long for justice. With the help of technology and setting of time limits, it will not only save the court's time but the police will also take less time to prove the crime. In addition, the accused will find it simpler to defend himself and the victim will receive justice.

Top Indian News Desk Last Updated : 02 July 2024, 12:19 PM IST

Courtesy: ANI

Bharatiya Nyaya Sanhita, which has replaced the Indian Penal Code which has come into effect on July 1, 2024 has embedded with new criminal laws that are "Justice-centric, not punishment-centric". It is an official criminal code in Republic of India which was passed by the Parliament in December 2023 to replace Indian Penal Code, which was dated back in British India period.

According to the details, 19 provisions from the outlawed IPC have been removed, while 20 new crimes have been added to the BNS. 33 offenses now carry a higher sentence of imprisonment, while 83 offenses now carry a higher fine. For 23 offenses, a minimum required sentence has been implemented. For six offenses, a community service punishment has been proposed.

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Here are some key points of the Bhartiya Nyaya Sanhita:

New criminal laws "focused on justice, not punishment"

Community punishment: In petty crimes
In line with Indian legal philosophy
Provision of community services for theft of less than Rs 5000
Community services included in 6 crimes

Use of technology

To create the most modern justice system in the world
All modern technologies coming in the next 50 years will be integrated in it
Computerization: Process from police investigation to court
Zero FIR, E-FIR, charge sheet... will be digital
Victim will get information in 90 days
Forensics mandatory: In cases with punishment of 7 years or more
Recording of evidence: Permission for recording of evidence in investigation
Videography mandatory: Videography of the entire process of police search
E-statement: E-statement for rape victim
Audio-video recording will be presented in the court.
E-appearance: Appearance of witnesses, accused, experts and victims through electronic medium.

Timely Justice

Time limit set: Our effort will be to get justice within 3 years
Relief will be given on date to date basis
Timeline added in 35 sections
FIR will be registered within 3 days on filing complaint through electronic medium
Investigation report in sexual harassment will have to be sent within 7 days.
Charges will be framed within 60 days of the first hearing.
Trial against declared criminals will be done within 90 days in case of absence
Judgment will have to be given within 45 days of completion of trial in criminal cases.

Accountability of Police

Videography mandatory in search and seizure
Information about arrested persons mandatory
Imprisonment for less than 3 years/prior permission of police officer mandatory for those above 60 years of age
Arrested person has to be produced before magistrate within 24 hours
There are more than 20 sections which will ensure accountability of police
Provision of Preliminary Inquiry made for the first time

Crimes against women and children

Priority: Crimes against women and children (earlier it was robbery of treasury)
New chapter on 'Crimes against women and children' in BNS
There are 35 sections related to crimes against women and children in which about 13 are new provisions and some amendments in the rest
Gang rape: 20 years of punishment/life imprisonment
Gang rape with a minor: death sentence/life imprisonment
Making false promises/having sexual relations by hiding identity is now a crime
Statement of victim to be recorded in front of a female officer at her residence
Statement will be recorded in the presence of the victim's guardian

Forensic Promotion

Forensics mandatory: All crimes punishable with 7 years or more
Promotion of scientific methods in investigation
Target to take the conviction rate to 90%
Forensics mandatory in all states/UTs
Infrastructure will be ready in states/UTs in 5 years
Starting FSU in states for manpower
Establishing labs at various places to strengthen forensic infrastructure

Mob lynching

Mob lynching defined for the first time
Mob lynching as murder/serious injury motivated by race/caste/community, sex, place of birth, language etc.
Provision of 7 years imprisonment
Permanent disability - 10 years punishment/life imprisonment

Victim-centric laws

There are three key features of victim-centric laws
1. Victim has the opportunity to present his side
2. Right to information
3. Right to compensation for loss

Zero FIR to be registered Institutionalized
Now FIR can be filed anywhere
⁠Victim has the right to get a copy of FIR free of cost
⁠Information on the progress of investigation within 90 days
⁠Removal of sedition and definition of 'treason'
Elimination of all signs of slavery
The sedition law of the British was not for the states (country) but for the governance
'Treason' eradicated from its roots
But, strict punishment for anti-national activities
7 years or life imprisonment for acting against the sovereignty and integrity of India

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