INTRODUCTION TO NEW

CRIMINAL LAWS

REPRESENTED BY ANSHU
BALLB
2ND YEAR
 INTRODUCTION

• Emphasising that the country’s new criminal laws have been brought in after
widespread consultation, Law Minister Arjun Ram Meghwal on June 16 said
that the new laws will come into force on July 1, 2024. Indian legal system has
been framed by the Indian Penal Code (IPC), Indian Evidence Act, and Code of
Criminal Procedure for many years. Although these laws have served as the
basis of our Indian legal system.

• The bills known as Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya

Adhiniyam (BSA), and Bharatiya Nagarik Suraksha Sanhita (BNSS) aim to
overruled the outdated laws with new frameworks of modern-world .
 PURPOSE OF THESE ACTS

• The purpose of the new laws to frame the new legislations and rules in the Indian

legal system.

• The new laws enshrine the concept of justice embedded in our Constitution to
improve the criminal justice system of the country. While the old laws were British
legacies which were introduced by the colonial masters to enforce and strengthen
their rule in India .

• The new laws are citizen centric, victim centric and sensitive to offences against
women and children, introducing new offences, such as , terrorist acts, mob
lynchings, organised crimes, petty organised crimes, snatchings, etc.
 CHANGES IN THE LAWS

Changes in the Bharatiya Nyay Sanhita Bill(BNS) , 2023:-

• Sedition is gone, but appears as “Deshdroh” in Bharatiya Nyaya Sanhita (BNS) 2023.

• Harsh punishment of 10 years of imprisonment with ₹10 lakh fine in hit-and-run cases.

• It prescribes capital punishment as the maximum sentence for mob lynching, which has been a
menace in recent years.

• It proposes 10 years imprisonment for sexual intercourse with women on false promise of
marriage, which is a common form of deception and exploitation.

• The bill introduces a form of punishment for specific crimes, which can help in reforming
offenders and reducing overcrowding in prisons.
 Changes in the Bhartiya Nagrik Suraksha Sanhita Bill(BNSS), 2023:

• The Bharatiya Nagarik Suraksha Sanhita, 2023 aims to reform our Criminal procedure system.
It stated that the timelines for investigations it intends to ensure that justice is more accessible
and responsive to the needs of the people.

• Section 176 of the Act, which stated the investigation for crimes carrying a punishment of seven
7 years of imprisonment.

• Section 173 of the Bharatiya Nagarik Suraksha Sanhita enforces the new digital age by
allowing digital methods for trials, inquiries and proceedings.

• This forward towards the documentation and proceedings aligns with advancements in
technology and helps streamline legal processes.

• There is One revolutionary concept is the implementation of Zero FIRs. According to Section
173 of the Act, individuals have the right to file a First Information Report (FIR) at any police
station, for a cognizable offense regardless of its jurisdiction.
• It states that the FIR must be transferred to the police station, for handling crimes committed in
that particular area within a 15 days.

• Crime and Criminal tracking system will be used for benefit of the public.

• Section 41A of the CrPC will be renumbered as Section 35. This change includes an added
safeguard, stipulating that no arrest can be made without prior approval from an officer at least
at the rank of Deputy Superintendent of Police (DSP), especially for offenses punishable by less
than 3 years or for individuals above 60 years.
 Changes in Bharatiya Sakshya Adhiniyam Bill (BSA),2023:

• The Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act of 1872 resulting in
alterations to the structure of Evidence Law.

• In today’s environment, where technology holds great importance, this new criminal law
acknowledges electronic evidence, as any information produced or transmitted by a device or
system that can store or recover data.

• Section 57 of the Bharatiya Sakshya Adhiniyam emphasizes the recognition of electronic

records as primary evidence. Moreover, the Act includes provisions that enable the electronic
presentation of even oral evidence.

• This advancement makes it possible for witnesses to testify remotely ensuring that digital
records hold the same significance as traditional paper documents.
 What's the need of new laws

• The new laws overhaul the Indian criminal justice system.

• They aim to revamp and replace the dated colonial laws, by considering
implementation of justice through a victim centric approach.

• It increasing focus on national security and introducing digital / electronic evidence

reviews, making them priorities of these laws.

• The need for reforms and changes in legislation is the realization that the existing
laws are outdated of the colonial era reflecting a criminal justice system that aimed
to oppress rather than serve justice. Many sections of the old laws have become
irrelevant and obsolete requiring an overhaul.
 COMPARISON CHART
BASIS OLD CRIMINAL LAWS NEW CRIMINAL LAWS

Laws and Philosophy The laws were Indian Penal Code, . The laws are Bharatiya Nyaya
Code of Criminal Procedure, Indian Sanhita, Bharatiya Nagrik
Evidence Act. The philosophy was Suraksha and Bharatiya
to provide punitive and retributive Sakshya Adhiniyam. The
justice. philosophy is to provide
restorative justice focused on
rehabilitation and victim
centric.

Ideology Developed by Britishers under Built for the Modern India,

British oversight and ideology with focus on ever dynamic
legal landscape.

Sentencing . There were fixed punishments There are provisions for fixed
and penalties specified for various punishments as well as
kinds of crimes. restorative justice provisions
like imposition of community
service or rehabilitation.
 LAWS OLD CRIMINAL LAWS NEW CRIMINAL LAWS

IPC 511 SECTION 358 SECTION

CRPC 484 SECTION 531 SECTION

INDIAN EVIDENCE ACT 167 SECTION 170 SECTION

 positive and negative impact on society
• New criminal laws can have both positive and negative impacts on society.
Positive impact
Improved public safety: Stricter laws can deter
. crime and lead to a decrease in criminal activity.
Justice for victims: New laws can provide closure
and compensation for victims of crimes.
Prevention of new forms of crime: Laws can
adapt to new technologies and societal changes,
preventing new types of criminal activity
Increased trust in the justice system: Effective
laws can enhance public confidence in the
criminal justice system
Reduced recidivism: Laws can provide
rehabilitation programs, reducing the likelihood
of repeat offenses.
Negative impact
Increased mass incarceration: Stricter laws can
lead to more people in prison, potentially
overwhelming the criminal justice system.
Disproportionate impact on marginalized
communities: Laws can perpetuate existing
biases and disproportionately affect certain
communities.
Unintended consequences: Laws can have
unforeseen effects, such as driving criminal
activity underground, making it harder to detect
and prosecute.
Increased burden on taxpayers: New laws can
lead to increased spending on law enforcement,
courts, and corrections.
Potential for over-criminalization: Laws can lead
to the criminalization of minor infractions,
potentially criminalizing individuals for non-
serious offenses.
The negative and positive impacts of new criminal
laws on courts and ongoing matters
Positive impact
Improved justice outcomes: New laws can clarify
legal definitions and penalties, leading to more
accurate verdicts and sentences.
Enhanced efficiency: Laws can streamline court
processes, reducing delays and backlogs.
Increased consistency: New laws can ensure
consistency in sentencing and verdicts, reducing
disparities.
Better evidence handling: Laws can mandate
improved evidence collection and preservation,
leading to more reliable convictions.
Improved victim support: Laws can provide
additional support and protections for victims, such
as expanded restitution and advocacy services.
Negative impact
Increased caseload: New laws can lead to a surge in
prosecutions, overwhelming courts and causing
delays.
Confusion and uncertainty: Changes in laws can
create confusion among judges, prosecutors, and
defense attorneys, leading to mistakes and appeals.
Retroactive application: New laws may apply
retroactively, potentially disrupting ongoing cases
and appeals.
Increased complexity: Laws can add complexity to
court proceedings, making it harder for judges,
jurors, and attorneys to understand and apply the
law.
Potential for miscarriages of justice: Changes in laws
can lead to wrongful convictions or unjust outcomes
if not implemented carefully.
 Positive and negative impacts on educational
institutions
Positive impact
Improved safety: Stricter laws can deter criminal
behavior, creating a safer environment for students
and staff.
Enhanced accountability: Laws can hold
educational institutions accountable for reporting
and addressing criminal incidents on campus.
Increased support for victims: New laws can
provide resources and support for students affected
by crime, such as counseling and advocacy services.
Prevention programs: Laws can mandate
educational programs and workshops to prevent
criminal behavior, such as sexual assault and
bullying.
Collaboration with law enforcement: Educational
institutions may develop stronger partnerships with
law enforcement, leading to more effective
response and investigation of criminal incidents.
Negative impact
Increased bureaucracy: New laws can lead to
additional administrative burdens and paperwork
for educational institutions.
Stricter disciplinary policies: Laws can result in
more severe penalties for students, potentially
leading to a rise in suspensions and expulsions.
Limited resources: Educational institutions may
need to allocate resources away from academic
programs to comply with new laws and regulations.
Stigma and reputation: High-profile criminal cases
can damage an institution's reputation and attract
negative media attention.
Over-criminalization: Laws can lead to the
criminalization of minor infractions, potentially
criminalizing students for non-serious offenses, and
creating a culture of fear and mistrust.
 Positive and negative impact on administration
Positive impact
Improved clarity and consistency: New laws can
provide clear guidelines and standards, reducing
confusion and inconsistencies in administrative
practices.
Enhanced accountability: Laws can promote
transparency and accountability, ensuring
administrators are responsible for their actions.
Increased public trust: Stricter laws can
demonstrate a commitment to safety and security,
enhancing public trust in administrative institutions.
Professional development: New laws can prompt
administrators to develop new skills and knowledge,
enhancing their professional capabilities.
Improved data collection and analysis: Laws can
mandate data collection and analysis, helping
administrators identify trends and improve
decision-making.
Negative impact
Increased regulatory burden: New laws can lead to
additional paperwork, reporting requirements, and
compliance measures, straining administrative
resources.
Stricter penalties for non-compliance:
Administrators may face personal liability for failing
to comply with new laws, leading to increased
stress and accountability.
Limited flexibility: Laws can restrict administrative
discretion, making it harder to respond to unique
situations or exceptional circumstances.
Resource reallocation: Administrators may need to
divert resources from other areas to comply with
new laws, potentially impacting other priorities.
Potential for over-regulation: Laws can lead to
excessive regulation, stifling innovation and
creativity in administrative practices.
 Suggestion
These three new laws were changing as a result of which put an positive as well as
negative impact on the society as well as on the political field .it makes the
prioritize for the childrens and womens as well . In which where the womens get
the more safety and the public find it a very simple and now anyone can file an FIR
application which earlier was difficult for the local public .it increases the
technological and can make the digital application filling . As according to me ,
these three changed laws are more convenient as per the old laws .it make the
Indian legal system simpler and improve the judicial activism for the judges find it
easily . In these laws there are many changes happened for which it removed the
sedition and add many new laws in which it gives the more priority to the womens
and childrens. These laws can create a positive impact on the society most as
public will get many opportunities and will find to file any application without any
restriction . These laws make an both positive and negative impact on the
educational field which the law students find difficulties as well as they find to learn
new laws in their educational field .