“In pursuance of section 8 of the General Clauses Act, the Central Government hereby notifies that any reference to the Indian Penal Code, the Code of Criminal Procedure, or the Indian Evidence Act, 1872, or any provisions thereof in any Act of Parliament, State Legislature, ordinance, regulations under article 240 of the Constitution, or President’s order, shall be construed as a reference to the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, or the Bharatiya Sakshya Adhiniyam, 2023, respectively, and the corresponding provisions of such laws shall be interpreted accordingly,” stated the Law Ministry’s notification.
NEW DELHI: On 16th July: The Union Ministry of Law and Justice announced on Tuesday that any references to the IPC, CrPC, or Evidence Act in any Act, Ordinance, regulation, or notification will now refer to the Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagrik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam (BSA), respectively.
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Notification Details:
“In pursuance of section 8 of the General Clauses Act, the Central Government hereby notifies that any reference to the Indian Penal Code, the Code of Criminal Procedure, or the Indian Evidence Act, 1872, or any provisions thereof in any Act of Parliament, State Legislature, ordinance, regulations under article 240 of the Constitution, or President’s order, shall be construed as a reference to the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, or the Bharatiya Sakshya Adhiniyam, 2023, respectively, and the corresponding provisions of such laws shall be interpreted accordingly,”
stated the Law Ministry’s notification.
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Revamping India’s Criminal Justice System:
- The new laws replace the Indian Penal Code of 1860, the 1973 Code of Criminal Procedure, and the Indian Evidence Act of 1872, effective from last week.
- Courts must issue rulings within 45 days of completing arguments, unlike previously when no time limit was defined, leading to prolonged cases.
- Charges in a trial must be framed within 60 days of the first hearing.
- Police investigations into offenses against women and children must be completed within two months.
- The death penalty is prescribed for offenses such as gang rape of a woman under 18 and mob lynching.
- Sedition clauses have been abolished, but a new clause punishes “acts endangering sovereignty, unity, and integrity of India,” which critics view as a rehash of the controversial sedition law.
- Trials in absentia are permitted for grave offenses when the accused cannot be traced. The judge can rule on such cases, and the punishment will be carried out once the person is found.
- Police raids and seizures must be videotaped, and forensic experts are required to visit crime scenes for serious offenses.
- Digital records like emails, server logs, messages, location data, and voicemails are recognized as evidence during a trial.
- Community service is introduced as an alternative to jail for offenses like defamation and some other petty crimes.
READ ALSO: “Justice Over Punishment”: President Droupadi Murmu on New Criminal Laws
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