NEW DELHI: From July 1, the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act will cease to exist, and all FIRs of criminal offenses will be registered under the BNS. Instead of the Indian Evidence Act, Bharatiya Sakshya Adhiniyam will kick in as well. CrPC will be replaced by Bharatiya Nagarik Suraksha Sanhita, which defines the updated procedures and time limits for criminal investigation and trial and needs full digital integration of all arms of the criminal justice system, including courts.
The Bhartiya Nyaya Sahita (BNS) 2023, set to replace the Indian Penal Code (IPC), 1860, was passed in Parliament and got the assent of the President on December 25, 2023. It is part of the government’s efforts at a complete overhaul of the country’s criminal justice system.
The Delhi Police has prepared itself for this transformation. It is working on developing an app designed to assist investigating officers in meeting the standards of the Bharatiya Nyaya Sanhita (BNS), which is scheduled to be implemented on July 1. This app will enable officers to film crime scenes, preserve the recordings, and submit them to the courts. It is expected to manage videos, audio recordings, and photographs from crime scenes, allowing officers to upload these materials directly.
Chhaya Sharma, Special Commissioner of Police (Training), in charge of training officers for this change, told The Sunday Guardian, “Delhi Police has trained 15,000 investigation officers (IOs), who handle case investigations.” Sharma added that Delhi Police is committed to training its entire workforce on the new laws for better enforcement and compliance. Sharma further said that by the time it comes into effect, every police station will have trained IO’s for filing complaints.
IPS Chhaya Sharma, along with 13 other officers, was part of a committee formed by the Delhi Police Commissioner in January and was tasked with preparing course material for investigating officers to gain a practical understanding of and study the new provisions and changes in procedures. Sharma’s team started off by taking classes for the officers.
The BNS introduces a more coherent structure with 19 chapters and 356 sections, proposing revisions to 175 existing provisions, the addition of 8 new sections, and the deletion of 22 IPC provisions. One of the most notable changes is the introduction of community service as a form of punishment, reflecting a shift towards rehabilitative justice. The BNS also brings in stricter penalties for sexual offenses, with up to 10 years of imprisonment for deceitful sexual intercourse by promising marriage.
In terms of addressing contemporary issues, the BNS defines terrorist acts more broadly, encompassing any activity that threatens India’s unity, integrity, sovereignty, or economic security. It also specifically defines mob lynching, prescribing harsher punishments, including death or life imprisonment for murder by a group based on race, caste, community, etc. Human trafficking, too, sees increased penalties under the new code. The BNS further modernizes the legal system by setting specific trial timelines to ensure a more structured and timely judicial process. It also updates the admissibility of electronic records in line with the digital age, under the Bharatiya Sakshya Adhiniyam (BSA).
The attachment contains a table showcasing comparison between some popular old sections of IPC and and New Sections under BNS.