The Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, came into effect on July 1, 2024, replacing the colonial-era Indian Penal Code (IPC). The first case registered under the BNS was against a street vendor in Delhi’s Kamla Market area for obstructing a public way near the New Delhi Railway Station.
According to the First Information Report (FIR), the accused, Pankaj Kumar, a resident of Bihar, was selling water, bidi, cigarettes,m, and mangoes on a makeshift stall near a foot overbridge under the railway station. The stall was causing obstruction and inconvenience to commuters. When patrolling police personnel repeatedly asked Kumar to remove his stall, he ignored their directives.
The FIR was registered at 12:10 am on July 1 under Section 285 of the BNS, which states, Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees.”
The BNS has introduced several changes compared to the IPC:
- Reduction in sections: The BNS has 358 sections, down from 511 in the IPC.
- Addition of new offenses: 21 new offenses have been added, including hate crimes, mob lynching, terrorism, organized crime, and hate speech. The scope of theft has been expanded to include data and intangible items.
- Increased punishments: The imprisonment sentence has been increased for 33 crimes, and the fine has been increased for 83 crimes. Mandatory minimum punishment has been introduced for 23 crimes.
- Community service: The community service penalty has been introduced in six crimes.4
- Removal of Section 377: The law that criminalized certain sexual acts is no longer an offense.
- Organized crime: There is now a specific offense for organized crime.
- Mob lynching: A new offense that can be punishable with the death penalty.
- Terrorist acts: Acts of terrorism are now explicitly included as offenses.
- Treason instead of Sedition: The offense of sedition has been replaced with treason, targeting acts that endanger national integrity.
- This includes digital items: The definition of theft now includes data theft and identity theft.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the Criminal Procedure Code (CrPC), focuses on a victim-centric approach. It extends police custody from 15 to 90 days, allows trials in absentia, introduces Zero FIR (allowing FIRs at any police station), and includes electronic summons and a Witness Protection Scheme.
The Bharatiya Sakshya Adhiniyam (BSA), which replaced the India Evidence Act, modernizes evidence handling by admitting electronic and digital records as evidence. It also mandates audio-video recording of rape victim statements.
The new criminal laws aim to modernize the legal framework by addressing contemporary issues such as organized crime and economic offenses, emphasizing identity and authenticity in light of technological advancements, and introducing community service as punishment.
The impact on citizens includes clearer definitions, and stricter penalties for offenses, potentially enhancing public safety and addressing hate crimes more effectively. The BNSS promises quicker justice delivery, better victim protection, and easier access to legal remedies. The BSA enables easier and more reliable evidence gathering, ensuring transparency in legal proceedings, and enhancing protection for vulnerable witnesses and victims.
However, it is essential to ensure that investigation agencies do not overstep or abuse their authority during custodial interrogation, as a significant number of provisions put in place to guard against violence during such interrogations have been rolled back.
In conclusion, the first case registered under the BNS highlights the government’s commitment to implementing new criminal laws and addressing contemporary issues. The changes introduced in the BNS, BNSS, and BSA aim to modernize the legal framework, enhance public safety, and ensure quicker justice delivery. However, it is crucial to strike a balance between effective law enforcement and protecting citizens’ rights during the implementation of these new laws.