From tomorrow (1st of July 2024), the three existing laws of our criminal justice system, the Indian Penal Code, the Criminal Procedure Code, and the Evidence Act, are going to be replaced and new Acts in their place will come into effect.
IPC will be Bharatiya Nyaya Sanhita (BNS)
Major Highlights of BNS:
More relevance has been given to offences against women and children.
The new Act pertains to offences against sexual intercourse by deceiving or by false promise of marriage.
The most important addition is also the reintroduction of the sedition law in the current form in the new Act under section 150. This is one law which is clearly prone to maximum misuse by any government.
Death by negligence has also been given more importance. The punishment has been enhanced from two to five years.
Cr.P.C VS Bharatiya Nagrik Suraksha Sanhita (BNSS)
BNSS will replace the Criminal procedure Code. One of the most significant changes in the new Act is the way it has given more power to the policing system. Under the old law registration of FIR in cognizable offences was one of the first steps but the new law lays down the statutory requirement for the police to conduct a preliminary enquiry before registering an FIR.
The new form of criminal procedure code also gives more emphasis to trial in electronic mode and through electronic communication.
Bharatiya Sakshya Adhiniyam (BSA) Will Replace The Indian Evidence Act
Basically the idea of bringing in the new Evidence Act was to modernise and streamline the Court process, the way evidence is led and to bring in more digital and oral forms of evidence to be included as admissible evidence during court proceedings.
The recording of evidence will now encompass audio recordings, video recordings and other forms of recording. The new Act includes statements given in various forms electronically and digitally. They will be classified as documentary evidence.
Challenges In The Transition
There is a challenge as far as the new laws are concerned to the lawyers, judges and the law enforcing agencies. For offences committed before 1st July 2024, the earlier IPC and the procedural Laws of Cr.PC and Evidence Act will apply and trials will continue as such. For offences committed from 1st July 2024 the three new Laws will be applied.
This could cause a lot of confusion and it would take some time for the entire judicial and Law enforcing system to get used to.
A Lot Of Preparations Has Been Done
40 lakh grassroots level functionaries are being trained to ensure there is awareness about these legislations and their impact on everyone, particularly women and children.
Over 5.65 lakh police, forensics, prison, judicial and prosecution officials have also been trained about the new laws.
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