[Briarean]

Hi All,

The three new criminal laws, that were passed by Parliament in 2023, will come into effect from July 1, 2024. As an Indian citizen, this seems to be the right move in the right direction for our country’s law & order situation. However, I am not a lawyer to comprehend the complex and archaic passages of these documents. And as with all the laws, I found that there were many different ways of interpretation, and it seems a little confusing. So, I took the liberty to obtain the references of the articles which seem good enough for us commoners and can be understood by a layman. Below are the details that I got from 2 articles that I understood about these laws.

Mods Please Note: Apart from our age-old Googling, no ChatGPT or other AI tools were used in getting these details.

The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) that will replace the colonial-era Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (IEA), respectively, received President Droupadi Murmu’s assent on December 25, 2023.

Following are the key points of the Bharatiya Nyaya (Second) Sanhita, which seeks to replace the Indian Penal Code (IPC) of 1860.

• Twenty new offences have been added in the Bharatiya Nyaya Sanhita (BNS)
• Nineteen provisions that existed in IPC have been deleted
• In 33 offences the punishment of imprisonment has been increased.
• In 83 offences the punishment of fine has been enhanced
• In 23 offences the mandatory minimum punishment has been introduced
• In six offences the punishment of 'community service' has been introduced

Major Changes:
• Definition of child is introduced
• Transgender is included in the definition of 'gender'
• Electronic and digital records are included in the definition of document
• The definition of 'movable property' is widened to include property of every description
• New chapter on offence against woman and child is introduced
• New chapter on 'inchoate offences' (attempt, abetment and conspiracy) is introduced
• Beggary has been introduced as a form of exploitation for trafficking
• In the definition of grievous hurt the number of days has been reduced from 20 days to 15 days
• Community service is provided as a punishment for theft of less than Rs 5000.
• Reorganisation of offences are made wherein similar provisions have been clubbed together.
• Attempt to commit suicide is deleted

New offences introduced:
• Organised crime
• Terrorist act
• Petty organised crime
• Hit and run
• Mob lynching
• Hiring child to commit offence
• Sexual exploitation of woman by deceitful means
• Snatching
• Abetment outside India
• Acts endangering the sovereignty, integrity and unity of India
• Publication of false or fake news.

Minor Changes:
• At nine places the archaic expressions like 'lunatic', 'insane' and 'idiot' have been done away with
• Colonial remnants like 'British calendar', 'Queen', 'British India, 'justice of the peace' have been deleted.
• In 44 places 'Court of Justice' has been replaced with 'Court'
• Uniformity has been brought in use of expression 'child' throughout the BNS
• Contemporary style of drafting has been used
• At 12 places 'denotes' has been replaced with 'means' and 'that is to say' is replaced with 'namely' at three places.

References are given at the end.
Continuing in the next thread…

[Briarean]

The Bharatiya Nyaya Sanhita, 2023 (Former Indian Penal Code) Simplified - Prof K. Jaishankar

Introduction

The Bharatiya Nyaya Sanhita, 2023 is a landmark legislation that marks a significant shift in the legal framework governing offenses in India. This Act consolidates and amends the provisions relating to offenses, replacing the Indian Penal Code that has been in force since 1860. The Bharatiya Nyaya Sanhita, 2023 represents a modernized, comprehensive, and proactive approach to criminal law and justice in India, reflecting the need to address contemporary legal and societal challenges. The Act aims to address emerging issues such as cybercrimes, offenses against women, and technological advancements while aligning with international best practices and human rights standards. This legislation is a crucial step towards ensuring a fair, efficient, and effective criminal justice system in India, with far-reaching implications for the protection of human rights and the rule of law.

1. What are the key provisions of the Bharatiya Nyaya Sanhita, 2023?

The Bharatiya Nyaya Sanhita, 2023 has several key provisions related to offences in India. Some of the important provisions are:

• The Act defines various offences and prescribes punishments for them, including death, imprisonment, forfeiture of property, fine, and community service.

• The Act also covers offences committed outside India by Indian citizens, persons on Indian registered ships or aircraft, and persons committing offences targeting computer resources located in India.

• The Act provides for the commutation of punishment by the appropriate government.

• The Act also covers offences committed by public servants and prescribes punishments for disobedience of the law by public servants.

• The Act prohibits the making of imputations, assertions, or appeals that cause disharmony or feelings of enmity or hatred between different religious, racial, language, regional, caste, or community groups.

• The Act also covers offences related to non-appearance in response to a proclamation under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. How does the Act impact the existing laws related to offences in India?

The Bharatiya Nyaya Sanhita, 2023 is a comprehensive law that consolidates and amends the provisions relating to offences in India. The Act impacts the existing laws related to offences in India in the following ways:

• Repeal of Old Laws: The Act repeals several old laws related to offences - the Indian Penal Code,

• Consolidation of Laws: The Act consolidates the provisions relating to offences in India into a single law. This makes it easier for law enforcement agencies, lawyers, and judges to understand and apply the law.

• Amendment of Existing Laws: The Act amends several existing laws related to offences in India, such as the Protection of Children from Sexual Offences Act, 2012, and the Information Technology Act, 2000. These amendments are aimed at strengthening the provisions of these laws and making them more effective.

• Introduction of New Offences: The Act introduces several new offences, such as making imputations or assertions prejudicial to national integration, causing death by negligence, and causing injury by rash or negligent driving. These new offences are aimed at addressing emerging issues and ensuring that the law keeps pace with changing times.

• Uniformity in Law: The Act aims to bring uniformity in the law relating to offences across India (It should be noted that the earlier IPC did not apply to the State of Jammu and Kashmir and as now Article 370 is abrogated and Jammu and Kashmir is converted to Union Territory this new law is applicable there too). This is achieved by providing a single law that applies to the whole country, rather than having different laws for different states.

3. How does this act differ from the former Indian Penal Code, 1860?

The Bharatiya Nyaya Sanhita, 2023 differs from the former Indian Penal Code (IPC), 1860, in several significant ways, reflecting a modernized and comprehensive approach to criminal law and justice in India. Here are the key differences between the two:

• Scope and Coverage: The Bharatiya Nyaya Sanhita, 2023 consolidates and amends the provisions relating to offenses, encompassing a broader range of criminal activities beyond the scope of the IPC. It may include new or updated provisions to address contemporary legal and societal challenges, reflecting changes like offenses and emerging issues.

• Modernization and Amendments: The Bharatiya Nyaya Sanhita, 2023 reflects modernization and amendments to the legal framework, potentially addressing evolving concerns and aligning with contemporary legal standards and international best practices. This may result in updated definitions of offenses, revised punishments, and enhanced legal procedures to address current societal and legal needs.

• Specific Provisions: The Bharatiya Nyaya Sanhita, 2023 introduced specific provisions to address emerging challenges, such as cybercrimes, offenses against women, and technological advancements that were not explicitly covered or addressed in the IPC. This reflects a proactive approach to addressing new forms of criminal activities and protecting vulnerable groups.

• Punishments and Penalties: The Bharatiya Nyaya Sanhita, 2023 introduced new or revised punishments and penalties for certain offenses, reflecting changes in societal attitudes, legal principles, and the need for deterrence and rehabilitation. This may include updated sentencing guidelines and provisions for alternative forms of punishment, such as community service.

• Legal Procedures and Enforcement: The Bharatiya Nyaya Sanhita, 2023 includes updated legal procedures, enforcement mechanisms, and provisions for the protection of victims and witnesses, reflecting advancements in criminal justice administration and human rights standards. This may include measures to ensure fair and efficient trials, as well as enhanced victim and witness protection measures.

• Repeal and Savings: The Bharatiya Nyaya Sanhita, 2023 repeals the IPC, signaling a comprehensive overhaul of the legal framework governing offenses. This repeal signifies a fundamental shift in the approach to criminal law and justice, reflecting the need for a modernized and consolidated legal framework to address contemporary challenges.

• Adultery: The Bharatiya Nyaya Sanhita, 2023 has no provisions related to adultery. Section 29 of the Act deals with the offense of bigamy, which is defined as marrying again during the lifetime of a spouse. However, the Act does not have a specific provision for adultery as a separate offense. The offense of adultery was decriminalized in India in 2018 by the Supreme Court, which struck down Section 497 of the Indian Penal Code that criminalized adultery. Therefore, under the Bharatiya Nyaya Sanhita, 2023, adultery is not considered a criminal offense.

• Homosexuality: The Bharatiya Nyaya Sanhita, 2023 does not have a specific provision related to homosexuality. However, Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018. The court held that Section 377 was unconstitutional and violated the fundamental rights of individuals. Therefore, under the Bharatiya Nyaya Sanhita, 2023, homosexuality is not considered a criminal offense. The Act upholds the principles of equality and non-discrimination, and any discrimination based on sexual orientation is prohibited under the Act.

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[Briarean]

4. What is the process for the implementation and enforcement of the Act?

The implementation and enforcement of the Bharatiya Nyaya Sanhita, 2023 involves several steps, which are as follows:

1. Notification: The Act comes into force on the date notified by the Central Government in the Official Gazette. The Government may notify different dates for different provisions of the Act.

2. Training and Capacity Building: Law enforcement agencies, lawyers, and judges need to be trained on the provisions of the Act to ensure its effective implementation. Capacity building programs may be conducted by the Government or other organizations to train these stakeholders.

3. Investigation and Prosecution: The police are responsible for investigating offences under the Act. They need to follow the procedure laid down in the Act for investigation and prosecution. The prosecution of offences is carried out by the public prosecutor or the government lawyer.

4. Trial: The trial of offences under the Act is conducted by the courts. The courts need to follow the procedure laid down in the Act for the trial of offences. The accused has the right to legal representation and a fair trial.

5. Appeal and Revision: The Act provides for appeals and revision against orders and judgments passed by courts. The procedure for filing appeals and revisions is laid down in the Act.

6. Monitoring and Review: The Government may monitor the implementation and enforcement of the Act to ensure its effectiveness. The Act may be reviewed periodically to assess its impact and make necessary changes.

7. Punishment: The Act prescribes punishments for offences under the Act. The punishment may include imprisonment, fine, forfeiture of property, community service, and death in some cases.


5. What are the Offences that are punishable under this act?

The Bharatiya Nyaya Sanhita, 2023 encompasses a wide range of offenses that are punishable under its provisions. Some of the Offences that are punishable under this Act include:

1. Offenses against the person: This category includes crimes such as murder, culpable homicide, grievous hurt, causing death by negligence, and assault.

2. Offenses against property: Crimes related to theft, robbery, extortion, criminal misappropriation of property, and mischief are covered under this category.

3. Offenses related to public order and safety: This includes offenses such as rioting, affray, promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.

4. Offenses related to sexual offenses: The Act addresses crimes such as rape, sexual harassment, and offenses against children.

5. Offenses related to corruption and economic crimes: This category covers offenses related to corruption, bribery, fraud, and economic crimes.

6. Offenses related to cybercrimes: The Act addresses offenses such as hacking, identity theft, data breaches, and other cybercrimes.

7. Offenses related to environmental protection and conservation: Crimes related to environmental violations and conservation are also addressed under the Act.

8. Offenses related to drug trafficking and substance abuse: The Act provides provisions for offenses related to drug trafficking, possession, and substance abuse.

9. Offenses related to human trafficking and exploitation: Crimes related to human trafficking, exploitation, and forced labor are punishable under the Act.

10. Offenses related to national security and terrorism: The Act includes provisions for offenses related to national security, terrorism, and related activities.

These are some examples of the specific crimes that are punishable under the Bharatiya Nyaya Sanhita, 2023. The Act provides for various punishments, including death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property, fine, and community service. It is important to refer to the specific provisions of the Act for a comprehensive understanding of the offenses and punishments outlined therein.

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[Briarean]

6. What are the potential consequences for individuals who violate this act?

The Bharatiya Nyaya Sanhita, 2023 prescribes punishments for individuals who violate the provisions of the Act. The potential consequences for individuals who violate the Act are as follows:

1. Death Penalty: The Act provides for the death penalty as a punishment for certain offences, such as murder.

2. Imprisonment: The Act provides for imprisonment as a punishment for various offences. The term of imprisonment may vary depending on the nature and severity of the offence and it is simple and rigorous (with hard labour).

3. Fine: The Act provides for the imposition of a fine as a punishment for various offences. The amount of the fine may vary depending on the nature and severity of the offence.

4. Forfeiture of Property: The Act provides for the forfeiture of property as a punishment for various offences. The property may be forfeited to the Government or to the victim of the offence.

5. Community Service: The Act provides for community service as a punishment for various offences. The nature and duration of the community service may vary depending on the nature and severity of the offence.

In addition to these punishments, individuals who violate the Act may also face other consequences, such as damage to their reputation, loss of employment, and social stigma.

It is important to note that the punishment for an offence under the Act may vary depending on the specific provisions of the Act that have been violated, as well as the circumstances of the offence. The punishment may also be influenced by factors such as the age, gender, and criminal history of the offender.


7. How does this act cover Crimes against Women?

The Bharatiya Nyaya Sanhita, 2023 includes provisions specifically addressing crimes against women. These provisions aim to protect the rights and safety of women and to provide legal recourse in cases of offenses committed against them. Here are some key aspects of how the Act covers crimes against women:

1. Offenses Against Women: The Act defines and penalizes various offenses against women, such as assault or use of criminal force with the intent to outrage modesty, sexual harassment, assault with the intent to disrobe, voyeurism, and dissemination of private images without consent.

• Assault or Use of Criminal Force to Outrage Modesty: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine .
• Sexual Harassment: The Act defines sexual harassment as physical contact and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman, or making sexually coloured remarks . Any man who commits the offence of sexual harassment shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
• Assault or Use of Criminal Force to Disrobe: Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
• Voyeurism: Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

2. Punishments: The Act prescribes specific punishments for offenses against women, including imprisonment and fines. For example, it specifies the duration of imprisonment for different offenses, such as assault with the intent to outrage modesty and voyeurism.

3. Protection of Privacy and Dignity: The Act includes provisions to protect the privacy and dignity of women. For instance, it addresses the dissemination of private images without consent and specifies punishments for such actions.

4. Legal Recourse: The Act ensures that women have legal recourse in cases of offenses committed against them. It outlines the legal procedures for investigation, prosecution, and trial of offenses against women, ensuring that their cases are handled with sensitivity and in accordance with the law.

5. Prevention and Deterrence: The Act aims to prevent crimes against women and deter potential offenders through the imposition of stringent punishments. It also addresses the issue of sexual harassment and provides legal remedies for victims.

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[Briarean]

8. What are the Human Rights Concerns of this Act?

The Bharatiya Nyaya Sanhita, 2023 is a comprehensive law that aims to consolidate and amend the provisions relating to offenses and matters connected therewith or incidental thereto. While the Act includes provisions to protect the rights and safety of individuals, including women, there are some concerns regarding its compatibility with human rights principles. Here are some critiques of the law in terms of human rights issues:

1. Death Penalty: The Act provides for the death penalty as a punishment for certain offenses, such as murder. The use of the death penalty has been criticized by human rights organizations as a violation of the right to life and the prohibition of cruel, inhuman, and degrading treatment or punishment.

2. Lack of Clarity: Some provisions of the Act are vague and lack clarity, which may lead to arbitrary or discriminatory application. This can result in violations of the right to a fair trial and the principle of non-discrimination.

3. Restrictions on Freedom of Expression: The Act includes provisions that restrict freedom of expression, such as the prohibition on printing or publishing any matter relating to court proceedings without permission. This can be seen as a violation of the right to freedom of expression and the right to access information.

4. Lack of Protection for Marginalized Groups: The Act does not provide adequate protection for marginalized groups, such as Dalits, Adivasis, and LGBTQ+ individuals. This can result in discrimination and violations of their human rights.

5. Lack of Focus on Rehabilitation: The Act focuses primarily on punishment and deterrence, rather than rehabilitation and reintegration of offenders. This can result in a cycle of reoffending and further violations of human rights.


Conclusion

The Bharatiya Nyaya Sanhita, 2023 stands as a transformative and forward-looking legislation that heralds a new era in India's criminal justice system. By consolidating and amending the provisions relating to offenses, this Act replaces the longstanding Indian Penal Code and embodies a modernized, comprehensive, and proactive approach to addressing contemporary legal and societal challenges. With its focus on addressing cybercrimes, offenses against women, and technological advancements, while aligning with international best practices, the Act paves the way for a fair, efficient, and effective criminal justice system in India. Its far-reaching implications for the implementation of the rule of law underscore its significance as a crucial step toward ensuring justice for all in the country.

The Act has been subject to criticism and debate since its introduction. Some critics have argued that the Act is too broad and vague, which could lead to its misuse and abuse by law enforcement agencies. Others have raised concerns about the Act's potential impact on civil liberties and human rights, particularly concerning freedom of expression and privacy. Additionally, some have criticized the Act for not being comprehensive enough in addressing certain issues, such as hate speech and discrimination based on sexual orientation. While the Act does prohibit discrimination based on various grounds, including religion, race, and place of birth, it does not explicitly address discrimination based on sexual orientation or gender identity.

The Bharatiya Nyaya Sanhita, 2023 stands as a testament to India's commitment to upholding the principles of justice, equality, and the rule of law, and its enactment marks a pivotal moment in the evolution of the country's legal framework. Overall, the Bharatiya Nyaya Sanhita, 2023 is a complex and comprehensive piece of legislation that seeks to address a wide range of offenses and provide for various punishments. However, it is important to continue to monitor its implementation and impact to ensure that it upholds the principles of justice, fairness, and human rights.

Articles obtained from the below links:

The Bharatiya Nyaya Sanhita, 2023 (Former Indian Penal Code) Simplified - Prof K. Jaishankar
https://www.linkedin.com/pulse/bhara...ishankar-j6kpc

Key points of Bharatiya Nyaya Sanhita which will replace IPC
https://www.deccanherald.com/india/k...ce-ipc-2819605


References:

Ministry of Home Affairs - New Criminal Laws
https://www.mha.gov.in/en/commoncont...-criminal-laws

New Criminal Laws : Compilation Of Articles On BNS, BNSS & BSA
https://www.livelaw.in/top-stories/n...nss-bsa-261838

Bharatiya Nyaya Sanhita, 2023
https://www.freelaw.in/legalarticles...a-Sanhita-2023

Decolonisation of IPC | The Paradigm shift in India’s criminal justice system with idea of ‘Nyaya’ under BNS
https://www.scconline.com/blog/post/...-sanhita-2023/

[Analysis] Bharatiya Nyaya Sanhita (BNS) 2023 – An Overview
https://www.taxmann.com/post/blog/an...ns-an-overview

Overview of the Bharatiya Nyaya Sanhita, 2023 (Penal Code)
https://www.azbpartners.com/bank/ove...23-penal-code/

Upholding justice and safety: The controversy surrounding the new hit-and-run law
https://www.barandbench.com/columns/...it-and-run-law

[chandrda]

Thanks a Lot for the Summary

Few points though -

1. For the cases filed prior to 1st July 2024, if new sections needs to be added. Then will they still apply old IPC section? This way cases can drag on for years.
2. Karnataka Govt has plans to modify 4 laws. How does it work and does Karnataka Govt have the power to modify or repeal BNS?
3. Is there a time limit by when the old cases needs to be completed. It doesn't make sense if old IPC section cases are dragging on for next 30 years.
4. Is there a provision to transfer old cases to under new BNS. Example if the punishment for some crime is fine or community service under BNS, then why run the case under old IPC section

Regards

[mally2]

What we next is police reforms, much like the western countries where police are not looked upon as feared figures rather respected figures who maintain law and order.

[Rodie09]

Originally Posted by mally2

What we next is police reforms, much like the western countries where police are not looked upon as feared figures rather respected figures who maintain law and order.

Totally agree. I think no number of new laws will help till the time the enforcements agencies are overhauled and aligned with the vision. The most basic flaw I see in Indian police system is it being under the control of state government. How on earth did people think that they can operate without bias and fear? I am sure there must be solid reasons to have things the way they are today but still these questions keep coming up in my thoughts -

1. Why can't police be independent like the judiciary or under the judiciary?
2. How are other countries dealing with this - having an unbiased and fair police force? Do they not have political influence or pressure from democratically chosen people? Why cant we just copy paste their system?

[Briarean]

Originally Posted by chandrda

Thanks a Lot for the Summary

Few points though -

1. For the cases filed prior to 1st July 2024, if new sections needs to be added. Then will they still apply old IPC section? This way cases can drag on for years.
2. Karnataka Govt has plans to modify 4 laws. How does it work and does Karnataka Govt have the power to modify or repeal BNS?
3. Is there a time limit by when the old cases needs to be completed. It doesn't make sense if old IPC section cases are dragging on for next 30 years.
4. Is there a provision to transfer old cases to under new BNS. Example if the punishment for some crime is fine or community service under BNS, then why run the case under old IPC section

Regards

For the points 1, 3, and 4:

"All fresh FIRs will be registered against the new criminal laws from July 1. However, cases filed earlier will continue to be tried under the old laws till their final disposal."
( Article: https://www.hindustantimes.com/india...805530479.html )

This means:
• Even if new provisions are mentioned in BNS, the cases will be using IPC and their provisions only.
• No option to transfer cases from IPC to BNS as of now.
• No timeline mentioned for old cases' disposal.

For point 2:

"Since the subject falls under the concurrent list of the Constitution, Parliament is fully competent to enact these laws. If any State wants modifications in any of these statutes, the Legislature of the State can pass a modification law. However, it can be enforced if the changes made by the state legislature are approved by the president."

( Article: https://economictimes.indiatimes.com.../111391882.cms )

There is a challenge as far as the new laws are concerned to the lawyers, judges and law enforcement agencies. There will be confusion from the overlap of old and new laws, and the addition of new offences. The challenge will also be as the entire system will keep oscillating between the old laws and the new laws .


What will affect motorists?

1. Hit and Run Law: Section 106(2) of the BNS stipulates 10 years of jail time and a Rs 7 lakh fine for fleeing the spot. (as of now, it’s on hold)

2. Rash or Negligent Driving: Sub-section 1 of Section 106 of the BNS pertains to rash or negligent driving.

• If the driver reports the matter to the police, they could face a punishment of up to five years along with a fine.
• However, if the driver fails to report the incident and escapes, they may be imprisoned for up to 10 years (Hit and Run Law).

Article: BNS takes off, but hit-&-run clause put on hold
http://timesofindia.indiatimes.com/a.../111417316.cms


I have also attached one more BNS handbook which highlights key provisions and changes vis-a-vis IPC

[ABHI_1512]

Okay, I did not expect this thread here but now that it has made its way, some points to ponder over.

There are many provisions in the new structure which have the potential to give sweeping powers to the authorities and which in turn can result in arbitrary excesses, at least that’s the opinion of the legal experts. I am no expert but some of the provisions are indeed very disturbing.

- Sedition law (an age old British law) has been changed by name but the punishment has been changed to outright life sentence which was not the case earlier. We have seen how the law is misused earlier and now it condemns even further.

- Provision of legal aid from where the person is arrested or the point of arrest has been removed. It’s anybody’s guess what that means for someone.

- Definition of terrorism has been expanded and now it includes acts like “disturbing public order’ and which has the potential of misuse against protest or dissent.

- The duration of police custody has been increased from fifteen to ninety days. We do know what happens inside the police stations.

- There are provisions which actually criminalises consensual relationships. Sexual intercourses under false promises of marriages are now punishable by ten years if proved and that leaves a potential grey area left to be misused.

These are just some of the provisions which are very contentious and are open to be misused blatantly.

Good thing is that the electronic evidences or proof are now being allowed broadly and that was sorely the need of the hour. This allowance of digital evidences will greatly help and will be useful in reducing costs and time for all stakeholders.

It remains to be seen how the changes will work out in the coming days and years but fears do remain. The below article shows us why-

https://frontline.thehindu.com/the-n...le68359016.ece

[mally2]

For a moment I thought your last point was a joke. But apparently it’s true. Good luck to men. By the way are there any provisions to put politicians in Jail making false promises in the pretext to being elected?

https://www.indiatoday.in/india/stor...200-2024-07-02

[Fuldagap]

Here are my few observations.

With the new laws the powers with the police have been increased considerably, possibly at the cost of the rights and liberties of the citizens. A gradually happening but a big leap towards a 'police state'.

1. Police remand can happen for a longer period (increased from 15 days to 90 days)
2. Voluntary witness clause can help police produce witnesses out of thin air
3. Police have now discretion to using handcuffs for repeat offenders. Earlier this was not the case.
4. Police now have total say in deciding what construes as a proceed of crime and whether or not it can be attached.

As an example, under a most serious UAPA (deals with terrorism), a police remand could earlier be taken for a maximum of 30 days. Compare this with a police remand of 90 days under the new 'BNSS'.

• A positive idea under new laws is the audio and video recording of searches, seizures and arrests done by the police. Will it get properly implemented given the infrastructure and training of personnel, time will tell.
  
• A lot of time tested definitions have been tinkered with. A forwarded whatsapp message, for example, is seen as a "primary evidence" now unlike previously where it was seen as a "secondary evidence", which used to be feeble in nature. Copied data is systemically prone to tempering and hence can now be used to adversely affect an innocent's case.
  
• Section 377 has been done away with. An FIR cannot be registered for a case of male rape.
  
• Section 197 under the new laws BNS, talks vaguely about "false & misleading information". It clearly has a great potential for grave misuse.
  
• A new law for mob lynching has come up, practically impossible to implement. People participating in mob lynching can be let off quite easily.

In the Supreme court, whether the new laws pass the test of constitutionality is to be seen in the future.

The new laws are possibly going to create an under current furore at some point in time like the so called demonetisation and the epic implementation of GST did. A 'prosecutorial nightmare' awaited shortly, especially in non metro areas where heinous crimes take place.
Why? Because procedural evidence collection will not take place due to various reasons and provisions under the new laws and the culprits will have to be let off till the evidence collection becomes universally accepted under the new laws.

Lastly, the trickling down of the knowledge of these laws to the minds of the policemen will take a long time. Till then it is going to be a mess, possibly for quite a long period of time. Breeding ground set for culprits to roam relatively comfortably while police having the power to exercise their will too.

Corruption? Anybody's guess.

[m8002?]

Originally Posted by Fuldagap

Here are my few observations.

With the new laws the powers with the police have been increased considerably, possibly at the cost of the rights and liberties of the citizens. A gradually happening but a big leap towards a 'police state'.

1. Police remand can happen for a longer period (increased from 15 days to 90 days)
2. Voluntary witness clause can help police produce witnesses out of thin air
3. Police have now discretion to using handcuffs for repeat offenders. Earlier this was not the case.
4. Police now have total say in deciding what construes as a proceed of crime and whether or not it can be attached.

Very rightly said. These need to be debated more in T-bhp, but its going to be difficult without politics coming into the picture.

In the social media, there has been a lot of push back against these from civil rights activists and lawyers right from the way these were passed in the parliament. Basically all checks and balances in the system are being systematically dismantled ( not that they were great to begin with ).

Only thing that stood out was fixing a time frame for a case - 3 years including concluding at the Supreme court. But how it will be implemented given the backlog is anybody's guess.

[Fuldagap]

Originally Posted by m8002?

Very rightly said. These need to be debated more in T-bhp, but its going to be difficult without politics coming into the picture.

In the social media, there has been a lot of push back against these from civil rights activists and lawyers right from the way these were passed in the parliament. Basically all checks and balances in the system are being systematically dismantled ( not that they were great to begin with ).

Only thing that stood out was fixing a time frame for a case - 3 years including concluding at the Supreme court. But how it will be implemented given the backlog is anybody's guess.

Police now have the discretion whether to register an FIR or not. A common man can forget registering an FIR. It was already quite difficult to get an FIR registered.

Decades of judicial welfare for the citizens seems to be have washed away in one go.
Somebody beats somebody and the victim can't get an FIR registered because for the police it is an everyday case trivial in nature.

More power to the police and ample loopholes for the culprits and wrongdoers to go scott free. Only the common man suffers.

The 3 laws were passed in Dec 23 when 141 opposition MPs were banished from the parliament and the present all mostly belonged to one party.

The term draconian gets a new life. True we can't discuss politics here (with good reason) but it affects our daily lives deeply.