Bhubaneswar: The newly-enacted criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – will come into effect from July 1.
The Ministry of Home held a meeting with DGPs of all the states in this regard and directed to ensure proper implementation of the three new laws.
Speaking to the media, Odisha DGP Arun Sarangi, who attended the virtual meeting, said steps would be taken to implement the new laws BNS, BNSS and BSA, which replaced the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872, in December 2023, in the state with immediate effect from July 1.
“There is a lot of difference between the new and old laws. The stress now is on speedy trial and justice and protection of human rights. It also include use of more technology in the investigation processes,” he said.
Cases already registered, however, will be tried under the old laws, he said.
The DGP added that steps will be spread awareness among the people, which had slowed down due to the elections.
WHAT’S NEW
>> Terrorism has been defined for the first time in Bharatiya Nyaya Sanhita, making it a punishable offence under Section 113 (1).
>> Sedition provisions of the Indian Penal Code, 1860, has been replaced with Section 152 of the Bharatiya Nyaya Sanhita with focus on acts of threatening unity and integrity of the nation.
>> A chapter titled ‘Crimes against Women and Children’ has been included to address sexual offences. The provision relating to the rape of under the age of 18 has been made consistent with the Protection of Children from Sexual Offences Act (POCSO). There is a provision for punishment of 20 years imprisonment or life in jail for gang rape. The law prescribes up to ten years of imprisonment and fines for those who engage in deceitful sexual intercourse by promising marriage without the intent to fulfil it.
>> In addition, there is also the inclusion of a new chapter on ‘inchoate offences’ (attempt, abetment and conspiracy).
>> Organised crime now faces comprehensive legal scrutiny, covering a broad spectrum of illegal activities, including armed rebellion, subversive operations, separatist activities, and any act that threatens India’s sovereignty, unity, and integrity. Punishment includes death penalty, life imprisonment, fines or jail up to seven years.
>> Mob lynching and hate crimes have been classified as separate types of murder. Those involved in mob lynching may be awarded imprisonment for a minimum of seven years or maximum punishment of death penalty.
>> Attempt to commit suicide has been deleted from IPC in the new law, while beggary has been introduced as a form of exploitation for trafficking.
>> Handcuffs would be used only on criminals charged with select heinous crimes excluding ‘economic offences’.
>> Community service is provided as a punishment for theft of Rs 5,000 or less.
>> Under the new laws, the chargesheet will have to be filed within 90 days, and the court can give permission for another 90 days looking at the situation. Probe would have to be finished in 180 days and sent for trial. Further, the police will have to provide a status update on a case within 90 days. Judgments must be delivered within 30 days of the completion of arguments, extendable up to 60 days. It will have to be uploaded online within a week.
>> The BNSS allows first-time offenders to get bail after serving one-third of their maximum sentence, except for life imprisonment or cases with multiple charges, making it harder for under-trials to qualify for mandatory bail.
>> Forensic investigation is now mandatory for offences punishable by at least seven years of imprisonment.
>> Death sentences can only be converted to life imprisonment, and life imprisonment can be pardoned only within seven years of punishment.
The three laws got the Parliament’s approval on December 21, 2023, and President Droupadi Murmu gave her assent on December 25, 2023.
