Background
The Bharatiya Nyaya Sanhita ("BNS"), the Bharatiya Nagarik Suraksha Sanhita ("BNSS"), and the Bharatiya Sakshya Adhiniyam ("BSA") replaced the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively on July 1, 2024.
The intention behind introducing these new codes was to "modernize" and "Indianize" a century old set of criminal laws which are considered colonial.
A bird's eye view of what has changed
The BNS replaces the substantive criminal law in India which was contained in the IPC. It comprises 358 sections (reduced from the earlier law's 511 sections); 21 new offences have been added, including organised crime and petty organised crime.
The BNSS is the primary procedural law for the prosecution of offences. The erstwhile Criminal Procedure Code's 484 sections have been increased to 531 sections. The new code seeks to make the criminal justice system more efficient and speedy, for example by placing timelines on matters such as filing chargesheets, limiting trial adjournments, etc.
The BNSS also allows for the use of electronic media and communication in all stages of trials, inquiries, and proceedings. It empowers law enforcement for (inter alia) attachment and forfeiture of property belonging to an absconding person.
Finally, the BSA comprises 170 sections (instead of the earlier 167) replacing the Evidence Act. The aim is streamlining evidentiary procedures and the integration of electronic records in those procedures. Electronic and digital records have been included under the definition of documents, and certain evidentiality proceedings can be conducted by audio-visual means.
How does it affect your business?
You will find a lot of information on the new codes, but we are taking a slightly different approach and introducing the BTGA Focus Series – Decoding the New Criminal Laws. In this series, we will focus on 6 new/amended provisions and present - a collection of tailored analyses on changes and additions that affect our clients and their businesses (both in India and cross border).
Perspective from the trenches
Each analysis will also contain expert assessments from an ex-police officer, regulator, judge or senior counsel on possible impact and what businesses can do to prepare themselves in the long run.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.