Indian Penal Code to be Replaced by Bharatiya Nyaya Sanhita from July 1, 2024

The Indian Penal Code (IPC), established in 1860, is set to be replaced by the Bharatiya Nyaya Sanhita (BNS). The Bharatiya Nyaya Sanhita will be implemented starting July 1. Three new criminal laws will come into effect from this date: the BNS will replace the IPC, and the Bharatiya Nagarik Suraksha Sanhita will replace the CRPC. Significant changes, including those related to arrest and custody, have been made in the new codes. The amendments to the laws and sections from the colonial era will take effect from July 1, 2024. Let's explore the upcoming changes from the first date. The Bharatiya Nyaya Sanhita-2023 contains 358 sections, compared to 511 sections in the IPC. Similarly, the Bharatiya Nagarik Suraksha Sanhita, which will replace the CRPC, contains 531 sections compared to the previous 484. The Bharatiya Sakshya Adhiniyam, replacing the Indian Evidence Act, has 170 sections, up from 166 in the Indian Evidence Act.

From July 1, BNS will be implemented nationwide. To familiarize with this law, Mumbai Police has organized workshops for its officers. A police officer explained that the section numbers from the IPC have been transformed into BNS sections. The Mumbai police officer further mentioned that training has been provided to officers to ensure they are well-versed with the new criminal laws and can comply with them, ensuring no public inconvenience. Mumbai Police has conducted several training sessions for BNS, involving government lawyers, law officers, and retired IPS officers, to train the police personnel.Legal experts highlight that the Bharatiya Nyaya Sanhita 2023 has increased imprisonment in 33 sections; crimes with a three-year sentence have been increased to five years. Additionally, fines have been increased in 83 sections. Minimum punishments have been ensured in 23 sections. Under the new law, any organization or person committing a crime in India from abroad will be punished under section 48 of the new law. Numerous other changes have been made in the new law.

Organized Crime

To curb organized crime, Maharashtra government had introduced the MCOCA law, but BNS sections 112 and 113 now cover it. Applying these sections requires permission from a DCP rank officer.

Zero FIR

Under the new law, Zero FIR can be registered anywhere in the country, and sections will be added to it. Previously, sections were not added to Zero FIR. The police station registering the Zero FIR must send it to the relevant police station within 15 days. The police must now provide the victim with a progress report of the investigation within 90 days. A chargesheet must be filed within 90 days, with the court allowing an additional 90 days if needed. The trial must start within 180 days, i.e., six months.The court must frame charges within 60 days and deliver the verdict within 30 days after the hearing. The sentencing announcement will have a 7-day limit.

Arrest Rules for Minor Offenses and Elderly

A new sub-section 7 has been added to section 35 of the Bharatiya Nagarik Suraksha Sanhita, regulating the arrest of minor offenders and the elderly. For offenses with a sentence of three years or less, approval from a DSP or higher rank officer is required before arresting the accused. This also applies to accused persons over 60 years old.

Women and Children

The new criminal laws include 37 sections to deal with crimes against women and children. Crimes against women and children are made gender-neutral for both victim and perpetrator (section 2 BNS). For gang rape of a girl under 18, the punishment is life imprisonment or death penalty (section 70 BNS). Sexual exploitation based on false promises or false identity is now a criminal act (section 69 BNS). Doctors are required to send the medical report of a rape victim to the investigating officer within seven days (section 51(3) BNS).

Changes in Sedition

The crime of 'sedition' has been abolished, and actions threatening India's unity and integrity are now punished under 'desh droh' (section 152 BNS).

Mob Lynching

'Mob lynching' is now a crime with a maximum punishment of death penalty (section 103(2) BNS).

Forensic Evidence and Videography

Forensic experts must visit crime scenes of serious offenses to collect evidence. To prevent evidence tampering, videography of evidence collection at crime scenes is mandatory. This policy enhances the quality and reliability of investigations, contributing to fair justice (section 176 BNS).

Audio-Video Recording of Statements

To provide greater protection to victims and transparency in rape investigations, police will record the victim's statement through audio-video means (section 176 BNS).

Community Service

The new law introduces community service for minor offenses, promoting personal development and social responsibility. Offenders get the opportunity to make positive contributions to society, learn from their mistakes, and build strong community bonds (sections 4, 202, 209, 226, 303, 355, 356 BNS).

Handcuffing Rules

Section 43(3) of BNS provides for handcuffing an inmate during arrest or court appearance. If the inmate is a habitual offender, has escaped custody before, or is involved in terrorism, drug-related offenses, murder, rape, acid attacks, human trafficking, or child sexual abuse, they can be handcuffed. Previously, handcuffing required justification and permission from a magistrate.

Serious Crimes to Be Identified Under These Sections in BNS

Starting from July 1: FIR: FIRST INFORMATION REPORT (Under Section 173 BNNS) 

The format of the FIR will remain the same.

Rape and POCSO: BNS 65 and 4 POCSO (Minimum 20 years of imprisonment or life imprisonment, fine)

Murder: BNS 103 (1) - Death penalty or life imprisonment

Kidnapping: BNS 137 - Minimum seven years of imprisonment, additional punishment, and fine

Kidnapping for Ransom: BNS 140 (2) - Death penalty and life imprisonment

Snatching: BNS 304 - Minimum three years of imprisonment and fine

Riot: BNS 189/190/191/192/324/117/57/61/3(5) - Minimum seven years of imprisonment

Dowry Death: BNS 80 (2) - Minimum seven years and maximum life imprisonment

Death in Accident: BNS 106 (2) - Maximum 10 years of imprisonment and fine

Attempt to Murder: BNS 109 - Death penalty or life imprisonment

Anshu Khanna, President of Maharashtra Mass India NGO, commented on the upcoming changes in the legal system:

Advocate Ghanshyam Mishra said, "Our criminal justice system is already under great stress could struggle, at least to begin with, to absorb the changes. The new laws would take years to evolve and mature. The real test will begin when the stakeholders engage with the laws and courts take them up for interpretation. These challenges underline the urgency and importance of the extensive training of all concerned including Law enforcement agencies, advocates and Judicial Officers. The modernisation of the police force is also a pre-requisite for implementation of new laws."

"The effective implementation of the new criminal laws in India will require a proactive approach towards enhancing the training needs of criminal justice officers. The existing police officials will have to be trained to deal with the essential forensic work of preserving the crime scene and collecting and packing the evidence until a cadre of forensic personnel becomes available."

Anshu Khanna, President of Maharashtra Mass India NGO, commented on the upcoming changes in the legal system: "Preparing the system for such a seismic change in the legal framework will necessitate extensive training for all police officers. The transition to the new legal system, set to begin next month, will undoubtedly be challenging and could take several months to become seamless. Training will be especially crucial for junior officers, as all tasks—from filing FIR reports to conducting investigations and filing chargesheets—will now be governed by the new law. One of the most contentious issues is whether the new law will apply retrospectively; for instance, if an offense was committed before July 1st but the complaint is made on or after July 1st, it remains unclear whether the FIR should invoke the old penal code or the new Bhartiya Nyay Sanhita. This means the police will need to juggle two systems of law simultaneously. However, the police are accustomed to working under pressure and will devise effective training methods to implement these changes."