A

PRESENTATION

ON

NEW CRIMINAL LAWS

BY
D C JAIN

SPECIAL DIRECTOR (R), CBI

Introduction
 Guiding Principles

1 Larger Objective is to Provide Justice  ‘Justice’ not ‘Punishment’

 ‘Justice’ includes victim, accused & society

2 Primacy of Indian Interests  Adherence to constitutional values

 Laws made by own Parliament

 Crime against women & child given primacy

  Zero-FIR, E-FIR
3 Victim Centric Laws  Progress of Investigation

 Faster Trial

 Withdrawal from Prosecution

Police Accountability and Empowerment

4  Videography of Search-Seizure

 Information of arrested persons

 Use of Handcuffs

 Attachment of Properties

5 Modern Police-Prosecution-Courts
 Technology

 Forensics

 New forms of punishment

 Changes at a Glance In BNS
 New Offences:20
 Jail Term/Fine Increased:116
 Mandatory Minimum Punishment:23
 Community Service:6 offences
600
531
511
500 484
In BNSS
 New sections/clauses/sub-sections:92
400
358  Modified Total Sections/Clauses:177
 Deleted Sections:14
300
 Audio Video or Electronic Means:35
 Timelines :35 Places
200 170 167

100
In BSA
0  New
BNS BNSS BSA Sections/Sub-Sections/Explanations/Provi
New Old sos:15
 Provisions Modified:24
 Sections/Explanations Deleted:10
Procedural Law - BNSS
 Definitions – Sec. 2 (1)
 (a) Audio – Video electronic means - electronic communication devices

 (b) Bail – conditional release on execution of bail bond or bond

 (d) Bail Bond - undertaking for release with surety

 (e) Bond – undertaking for release without surety

 (i) Electronic Communication – transmission of information by electronic devices

 (l) ‘Explanation’ added to ‘Investigation’ to clarify that in case of inconsistency

between provisions of a Special Act and this Sanhita, that of Special Act shall prevail

 (y) Def. of ‘Victim’ enlarged to include guardian or legal heir

 Uniform set up of courts in India

 Only the following four types of Courts to be there

(i) Sessions Judge Court (includes Additional Session Judge)

(ii) Judicial Magistrate of the First Class (includes CJM & ACJM)

(iii) Judicial Magistrate of the Second Class and

(iv) Executive Magistrates

 Posts of Metropolitan Magistrate, Assistant Session Judge and Judicial

Magistrate of the third class abolished
 Appointment of Police Officer as Special Executive Magistrate –
sec. 15 BNSS/21 crpc

 State Govt. may appoint a police officer not below the rank of Supdt. of Police
or equivalent, as a Special Executive Magistrate

(Note: State Govt. confers powers of executive magistrate on police officers in a

Commissionerate using powers u/s 14 BNSS/20 Crpc)
 Directorate of Prosecution – Sec. 20 BNSS/25A crpc

 State Directorate of Prosecution – to be headed by Director of Prosecution and

assisted by Dy. Directors of Prosecution
 District Directorate of Prosecution – to comprise of Dy. Directors of Prosecution
and Assistant Directors of Prosecution
 Powers and Functions
 DoP – to monitor cases punishable with 10 or more years or LI or Death, to expedite
proceedings and to opine on filing appeals

 Dy. DoPs – to examine and scrutinize police report, monitor cases punishable with 7 or
more years but less than 10 for expeditious disposal
 Asst. DoPs – to monitor cases punishable with less than 7 years
 Other powers & functions to be decided by State Govt.
 Powers of Magistrates to pass sentences – Sec. 23 BNSS/29 crpc

 CJM – no change (any sentence but death or LI or Imp. exceeding 7 years

 JMFC – Imp. up to 3 years or fine up to 50000/- (earlier 10000/-) or both or

community service

 JMSC – Imp. up to 1 year or fine up to 10000/- (earlier 5000/-) or both or

community service

 “Community Service” – the work which the Court may order a convict to
perform as a form of punishment that benefits the community, for which he shall
not be entitled to any remuneration
 Power of Police to Arrest – Sec. 35 BNSS/41- 41A crpc
 Sec. 35 (1) (b) – for offences punishable with 7 or less years – decide whether to arrest or
not and record reasons for both
 Sec. 35 (1) (c) – for offences punishable with more than 7 years – decide whether to
arrest or not but law does not mandate recording of reasons
 Sec. 35 (3) – Where in sec. 35 (1) above decision is not to arrest – issue a notice for
appearance
 Sec. 35 (4) – duty of the person to appear
 Sec. 35 (5) – if the person appears shall not be arrested – but if arrest is required record
the reasons
 Sec. 35 (6) – If the person defies terms of notice, may be arrested
 Sec. 35 (7) – new – Permission of DSP or above reqd. for arrest of persons who are
infirm or above 60 years of age, in cases with less than 3 years punishment
 Information as to arrest of a person – Secs. 36, 37, 48, 82 BNSS
 If the arrest memo is not signed by a member of the family of the person arrested, this
person is to be informed by the police officer making arrest, of his right to have any other
person named by him in addition to his relative or friend, informed of his arrest {36(c)}
 State Govt. shall designate an officer not below ASI in every district and police stn who will
collect information about arrested person and nature of offence and cause it to be
prominently displayed in any manner including in digital mode in every distt. hqs. and ps
{37(b)}
 Police officer or any other person making an arrest shall give information of arrest and
place of confinement to a relative or friend or any other person mentioned by the arrested
person and also to the designated police officer in the distt. (48)
 If a person was arrested on a warrant outside the distt where it was issued, police officer
shall also inform the designated police officer in the distt. where such person normally resides
 Use of Handcuff – Sec. 43 (3) BNSS

 While making the arrest or producing such arrested person before the court,
police officer may use handcuff keeping in view the nature and gravity of the
offence, in case of a person,

 who is a habitual or repeat offender or

 who has escaped from custody or

 Who has committed one or more of the 11 crimes listed in above sub sec.

(organized crime, terrorist act, drug related crime, illegal possession of

arms & ammunition, murder, rape, acid attack, counterfeiting of coins &
currency notes, human trafficking, sexual offences against children and
 Medical examination of an arrested person - Sec. 51, 52 & 53 BNSS

 If medical examination of an arrested person is required for the purpose of

collecting evidence from the body of such person in connection with the alleged
crime, any police officer (earlier in sec. 53 crpc, it was not below SI), can make a
request to this effect to a RMP {sec. 51 (1)}

 RMP shall, without any delay, forward examination report to the IO {sec. 51 (3)}

 If the alleged crime is rape or attempt to rape, similar request can be made by
any police officer {sec. 52 (1)}

 Sec. 53 mandates medical examination of each arrested person as was before

in sec. 54 crpc.
 Issuance & Service of Summons by Court - Sec. 63,64,65,66, BNSS

 can be issued in electronic/digital form also {63(ii)}

 PS or Regr. of the court to maintain a register containing address, email, phone
number and such other details as the State Govt. may by rules, provide {64(1)}
 Summons bearing the image of Court’s seal may also be served by electronic
communication in such form and manner as the State Govt. may by rules, provide
{64(2)}
 company also added with corporation for serving summon through its Director,
Manager, Secretary or any other officer (65)
 when person summoned is not found a copy can be left with some adult
member of his family (66) (earlier it was some adult male member in sec. 64 crpc)
Proof of Service of electronic summons - Sec. 70, 71 BNSS

 All summons served through electronic communication under

secs. 64 to 71 shall be considered as duly served and a copy of
such electronic summons shall be attested and kept as a proof of
service of summons {70(3)}

 Court can also directly serve a summon by electronic

communication {71(1)}
 Proclaimed Offender & attachment of property abroad - Sec. 84, 86 BNSS

 After publication of proclamation of an absconding person, if he is accused of

an offence punishable with 10 years or more or LI or Death under BNS or any
other law and he does not appear, court may declare such person a Proclaimed
Offender {84(4)}

 Earlier the provision was for offences punishable u/s 302, 304, 364, 367, 382,
392 to 400, 402, 436, 449, 459 or 460 of IPC {sec. 82 (4) crpc}

 Court on a written request from SP or CP and above rank officer, initiate the
process of issuance of LR (as provided in Chapter VIII) for identification,
attachment and forfeiture of property belonging to a PO in a foreign country (86-
new)
Production of electronic evidence included - sec. 94 BNSS/91 crpc

 Sec. 94 of BNSS also includes electronic communication

including communication devices, which is likely to contain
digital evidence in addition to any document or other thing
as provided in sec. 91 of crpc

 A summon from the court or an order from a police

officer for above purpose can be issued either in physical
form or in electronic form as per sec. 94 of BNSS
 Audio-video recording of search & seizures – sec. 105 BNSS (new)

 Following is to be mandatorily recorded through an audio-video

electronic means preferably mobile phone during search/seizure under
chapter VII or sec. 185 (earlier 165 crpc)
 the process of conducting search of a place,
 the process of taking possession of any property, article or thing,
 preparation of the list of all things seized and
 signing of such list by witnesses
 Police officer shall without delay forward such recording to the District
Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the First
Class (refer to secs. 96, 97, 100 BNSS for powers of DM and SDM to
issue search warrants)
 Attachment, forfeiture or restoration of property - sec. 107 BNSS (new)
 (1) If IO has reason to believe that any property is derived or obtained as a result of
criminal activity or form the commission of any offence, he may, with the approval of
SP/CP, make an application in the Court having jurisdiction to take cognizance or try or
commit the case for attachment of such property
 (2) If Court satisfied, will issue a Show Cause Notice to the concerned person for reply
within 14 days,
 (3) If property is benami, notice also to be issued to the benami holder,
 (4) After considering reply to above notice(s), taking into account the material before
court and hearing such person(s), Court may issue order of an attachment of such
property which are found to be proceeds of crime
Provided that, Court may issue ex-parte order if show cause notice not responded
within 14 days
 Attachment, forfeiture or restoration of property - sec. 107 BNSS (new)

 (5) If Court is of opinion that issuance of SCN would defeat the object of
attachment or seizure, it may direct attachment or seizure by an interim ex-parte
order which shall remain in force till an order under sub-sec. (6) is passed

 (6) If Court finds attached or seized property to be proceeds of crime, it shall direct
DM to rateably distribute such proceeds of crime to the persons who are affected by
such crime

 (7) DM has to do above or get it done within 60 days of receipt of the order

 (8) If there are no such claimants available or ascertainable or there is any surplus
after satisfying the claimants such proceeds of crime shall stand forfeited to the
Govt.
 Additional power to police in matters of preventive action -
sec. 172 BNSS (new)

 (1) All persons shall be bound to conform to the lawful directions of

a police officer given in fulfilment of any of his duty under this chapter
(XII – Preventive Action of Police)

 (2) A police officer may detain or remove any person resisting,

refusing, ignoring, or disregarding to conform to such direction and
may either take such person before a magistrate or in petty cases,
release him as soon as possible within a period of 24 hours
 Registration of FIR - sec. 173 BNSS/154 crpc
 (1) Every information relating to the commission of a cognizable offence, irrespective of the
area where the offence is committed (zero FIR), may be given orally or by electronic
communication (e-FIR) to OIC

 {(1) (iii)} If given by electronic communication, it shall be taken on record by him on being
signed within three days by the person giving it

 (2) a copy of FIR to be given free of cost, to the informant or the victim

 (3) If the offence is punishable for 3 years or more but less than 7 years, OIC, with the
permission of DSP or above, considering the nature and gravity of the offence may conduct a
Preliminary Enquiry (PE) to ascertain whether there exists a prima facie case for proceeding
in the matter within a period of 14 days

 (4) An aggrieved person may write to the SP as before and if it is not being attended to
may make an application to the magistrate
Additional duty in case of NCRs – sec. 174 BNSS/155 crpc

 (1) (ii) forward the daily diary report of all such cases
fortnightly to the magistrate
 Police Officer’s power to investigate - sec. 175 BNSS/156 crpc

 (1 proviso) SP may give investigation to DSP considering the nature and

gravity of the offence
 (3) Any magistrate empowered u/s 210 may order such investigation
 After considering an application u/s 173 (4) supported by an affidavit and

 After making such inquiry as considered necessary and

 After considering such submissions as made in this regards by a police officer

 (4 new) If complaint is against a public servant arising in course of discharge of

his official duties, above magistrate may order investigation, subject to
 Receiving a report about facts and circumstances of the incident from a superior officer

 After considering the assertations made by the public servant as to the situation that led to
the incident so alleged
 Procedure for investigation - sec. 176 BNSS/157 crpc
 (1) Statement of a victim of rape may also be recorded by audio-video electronic
means including mobile phone
 (2) If OIC does not proceed to spot or depute a subordinate to proceed {176 (1) (a)} or
decides not to investigate the case {176(1) (b)}, shall forward the daily diary report to the
magistrate
 (3) For offences punishable with 7 years or more, OIC shall, from such date as the
State Govt. notifies within 5 years, cause the forensic expert visit the crime scene to
collect forensic evidence
 and also cause videography of the process on mobile phone or any other electronic
device
 If facility not available in State it can notify the utilization of such facility of any other
State
 Seeking attendance of witness - sec. 179 BNSS/160 crpc

 (1) In the list of persons to be examined at the place of their

residence age of male person reduced from 65 years to 60 years and
a new category of a person with acute illness added in the list of male
person below 15 years or a woman or a mentally or physically disabled
person

 In a new proviso added in sub sec. (1), further provision has been
made that if such a person is willing to attend at the police station,
such person may be permitted so to do
 Recording of confessions or statements - sec. 183 BNSS/164 crpc
 (1) Any magistrate of the district in which the information about commission of any
offence has been registered replaces any metropolitan magistrate or judicial magistrate
for recording confessions or statements

 (6) Magistrate replaces judicial magistrate for recording statement of victim of sexual
offences listed therein

 In first proviso, such statement shall, as far as practicable, be recorded by a woman

magistrate and in her absence by a male magistrate in the presence of a woman

 In the second proviso, in offences punishable with 10 years or more or LI or Death, the
magistrate shall record statements of the witness

 Statements of temporarily or permanently mentally or physically disabled persons shall

be recorded through audio-video electronic means preferably by mobile phone
Medical examination report of a victim of rape -
sec. 184 BNSS/164A crpc

 (6) RMP shall, within a period of 7 days forward the

medical examination report to the IO (earlier it was
without delay)
 Search by police officer (without search warrant) -
sec. 185 BNSS/165 crpc

 (1) Reasons to be recorded in case diary

 (2) In proviso, search conducted under this section shall be

recorded through audio-video electronic means preferably by
mobile phone (already mentioned in sec. 105)
 Provisions for police remand etc. - sec. 187 BNSS/167 crpc

 (1) Magistrate replaces judicial magistrate for forwarding case record and
accused if investigation not completed within 24 hours as per sec. 58
 the magistrate may authorize, from time to time, the detention of the accused in
such custody as such magistrate thinks fit, for a term not exceeding 15 days in
the whole, or in parts, at any time during the initial 40 days or 60 days out of
detention period of 60 days or 90 days, as the case may be, as provided in sub-
sec. (3)
 (5) In proviso, no person shall be detained other than in police station under
police custody or in prison under judicial custody or a place declared as prison by
the Central Govt. or the State Govt.
Cases to be sent to magistrate on sufficient evidence -
sec. 190 BNSS/170 crpc

 (1) In proviso, if the accused is not in custody, the police

officer shall take security from such person for his appearance
before the magistrate and the magistrate shall not refuse to
accept the police report on the ground that the accused is not
taken in custody
 Police report on completion of investigation - sec. 193 BNSS/173 crpc
 (3) In (i) of this sub-sec. the sequence of custody in case of electronic evidence also to
be included in the police report (i)
 In (3) (ii), the police officer shall inform progress of the investigation by any means
including electronic communication to the informant or the victim, within a period of 90
days
 (8) Police officer shall also submit such no. of copies of the police report along with
other documents to the magistrate for supply to the accused as required under sec. 230
provided that supply of report and other documents by electronic communication
shall be considered as duly served
 (9) Provided that, for doing further investigation during trial, permission of the court
shall be taken, and it shall be completed within 90 days which may be extended by
permission of the court
 Provisions for deemed prosecution sanction -
sec. 218 BNSS/197 crpc

 (1) In proviso, it is provided that decision on request for

prosecution sanction shall be taken by such Govt. within 120 days
from the date of receipt of such request, and in case it fails to do
so, the sanction shall be deemed to have been accorded by such
Govt.
 Complaint to a Magistrate - sec. 223 BNSS/200 crpc

 (1) In proviso, no cognizance of an offence under this section shall be taken

by the Magistrate without giving the accused an opportunity of being heard

 (2) In case of a complaint against a public servant for any offence alleged to
have been committed in course of discharge of official duty, Magistrate shall
not take cognizance, unless

such public servant is given an opportunity to make assertions as to the

situation that led to the incident so alleged; and

a report containing facts and circumstances of the incident from the

officer superior to such public servant is received
 Time limit for supply of docs. - sec. 230 BNSS/207crpc

 When a case instituted on a police report, the Magistrate shall

without delay and in no case beyond fourteen days from the date of
production or appearance of the accused furnish to the accused and the
victim (if represented by an advocate), free of cost, copy of the police
report and documents
 In 2nd proviso, in case of voluminous documents, may furnish the
copies through electronic means or direct that he will only be allowed to
inspect ….
 In 3rd proviso, supply of documents in electronic form shall also be
considered as duly served
Time limit for filing application for discharge in
a session trial case – sec. 250 BNSS/227 crpc

 (1) In a case triable by Session Court, the accused may

file an application for discharge within a period of 60 days
from the date of committal u/s 232
 Time limit for framing of charge in a session trial case
– sec. 251 BNSS/228 crpc

 (1) In cases exclusively triable by a session court, Court shall

frame charge against the accused within a period of 60 days from
the date of first hearing on charge

(2) The charge shall be read and explained to the accused

present either physically or through electronic means
 Recording of evidence for Prosecution in a session trial case –
sec. 254 BNSS/231 crpc

 In a case, triable by Session Court,

 (1) in proviso, evidence of a witness may be recorded by audio-video

electronic means

 (2) Deposition of evidence of any police officer or public servant may

be taken through audio-video electronic means
Time limit for pronouncing judgment in a session trial case -
sec. 258 BNSS/235 crpc

 In a case triable by a Session Court, on completion of final

arguments, judge shall give the judgment as soon as possible,
within a period of 30 days from the date of completion of
arguments, which may be extended to 45 days for reasons to be
recorded in writing
Time limit for filing application for discharge in a warrant case –
sec. 262 BNSS/239 crpc

 (1) In a warrant-case, triable by a Magistrate, the accused may

file an application for discharge within a period of 60 days from
the date of supply of copies of documents u/s 230
 Time limit for framing of charge in a warrant case –
sec. 263 BNSS/240 crpc

 (1) In a warrant-case triable by a Magistrate, Charge shall be

framed against the accused within a period of 60 days from the date
of first hearing on charge
 Recording of evidence for Prosecution in a warrant case –
sec. 265 BNSS/242 crpc

 In a warrant-case, triable by a Magistrate,

 (3) in proviso, examination of a witness, may be done by audio-

video electronic means at the designated place to be notified by the
State Govt.
 Time limit for plea bargaining – sec. 290 BNSS/265B crpc

 (1) Those who are eligible to file an application for plea bargaining as
per section 289 BNSS (earlier 265A crpc), may do so within a period of
30 days from the date of framing of charge in the court in which such
offence is pending for trial

 (4) Court upon satisfying itself that the application has been filed
voluntarily by the accused, shall provide time, not exceeding 60 days, to
the PP or the complainant and the accused to work out a mutually
satisfactory disposition of the case
 Time limit for admission/denial of documents –
sec. 330 BNSS/294 crpc

 (1) When documents are filed by either side in court, both sides
shall be called upon to admit or deny genuineness of each such
document soon after supply of such documents and in no case later
than 30 days after such supply

Provided that Court may relax the time limit with reasons to be
recorded in writing

Provided further that no expert shall be called to appear before

the Court unless the report of such expert is disputed by either side
 Evidence of public servant, expert and police officers – sec. 336 BNSS (new)

 Where any doc or report prepared by a public servant, scientific expert or medical
officer is to be used as evidence in any inquiry, trial or other proceedings under this
Sanhita and if such ps, expert or officer
(i) is transferred or retired or died, or
(ii) cannot be found or is incapable of giving deposition, or
(iii) securing their presence would cause delay
the Court shall secure presence of their successor holding that post to give deposition
on such doc or report
Provided none of these shall be called unless their doc or report is disputed by either
side
Provided that deposition of the successor may be allowed through audio-video
electronic means
 Limit on number of adjournments –
sec. 346 BNSS/309 crpc

 (2) In every inquiry or trial, where the circumstances are beyond

the control of a party, not more than two adjournments may be
granted by the Court after hearing the objections of the other party
and for the reasons to be recorded in writing
 Power of Magistrate to order taking of specimens –
sec. 349 BNSS/311A crpc

 JMFC may order any person including an accused, to give

specimen signatures or finger impressions or handwriting or voice
sample for the purpose of investigation or proceedings under this
Sanhita

provided that the Magistrate may, for the reasons to be

recorded in writing, order any person to give such specimen or
sample without him being arrested
 Inquiry, Trial or Judgment in absentia of POs – sec. 356 BNSS (new)

 (1) If a PO has absconded to evade trial, and there is no immediate prospect of arresting
him, it shall be deemed to operate as a waiver of the right of such person to be present and
tried in person, and the Court shall after recording reasons in writing, proceed with the trial
and pronounce judgment
Provided that the Court shall not commence trial unless a period of 90 days has lapsed
from the date of framing of the charge
 (2) Provided that certain procedures are followed before (1) above
 (6) If such a person absents during trial, trial to continue till pronouncing of judgment even
if he is arrested and produced or appears in Court
 (7) No appeal against such judgment unless PO presents himself before the appellate
court
provided that no appeal against conviction after 3 years from judgment
 Withdrawal from Prosecution – sec. 360 BNSS/321 crpc

 In (ii) of proviso in (b) of this sec., permission of the central govt.

required for withdrawal where the offence was investigated under any
central act (earlier it was investigated by DSPE)

Provided that, no Court shall allow such withdrawal without

giving opportunity of being heard to the victim of the case
 Time limit for pronouncing judgement –
sec. 392 BNSS/353 crpc

 (1) In every trial, Court shall pronounce the judgment

immediately after termination of the trial or at some subsequent
time not later than 45 days

 (4) Provided that the Court shall, as far as practicable, upload

the copy of the judgment on its portal within a period of 7 days
from the date of judgment

 (5) If the accused is in custody, he shall be brought up to hear

the judgment pronounced either in person or through audio-video
electronic means
 Witness Protection Scheme – sec. 398 BNSS (new)

 Every State Govt. shall prepare and notify a Witness

Protection Scheme for the State with a view to ensure
protection of the witness
 Disposal of property - sec. 497 BNSS/451 crpc
 (1) Magistrate empowered to take cognizance or commit the case for trial included in
addition to any Criminal Court
Investigation included in addition to inquiry or trial
 (2) Court shall prepare a statement containing description of the property in a manner
provided by the State Govt. by rules, within 14 days of production of such property
 (3) Court shall cause photography and videography (if considered necessary) of the
property taken on mobile phone or any electronic media
 (4) Such a statement and photograph/videography to be used as evidence in any
inquiry, trial or other proceedings under the Sanhita
 (5) Court shall order disposal, destruction, confiscation or delivery of the property,
within a period of 30 days after such a statement is prepared and
photograph/videography taken
 Trial and proceedings to be held in electronic mode –
sec. 530 BNSS (new)

 (1) All trials, inquiries and proceedings under this Sanhita,

including
(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or any other proceeding
may be held in electronic mode, by use of electronic communication
or use of audio-video electronic means
 Repeal and Savings - sec. 531 BNSS/484 crpc

 (1) Crpc 1973 repealed

 (2) appeal, application, trial, inquiry or investigation
pending before the date on which Sanhita comes into
force, all these proceedings shall be disposed of,
continued, held or made, in accordance with the
provisions of crpc, as if this Sanhita had not come into
force
Penal Law -
BNS
 Chapters and offences rearranged

 All Inchoate offences (incomplete) – Attempt, Abetment and

Conspiracy brought at one place in Chapter IV

 Offences against women and children given precedence – Chapter V

 Offences against women and children scattered in various chapters

in IPC, all brought in one place under Chapter V

 Offences affecting human body placed after Chapter V in Chapter VI

 New offences of Organized crime (111), Petty Organized crime (112)

and Terrorist Act (113) are added in Chapter VI
 Community Service introduced as a punishment for petty offences

 Community Service added into the list of punishments in sec. 4 (f)

 Provided for the following 6 petty offences

(i) public servant unlawfully engaging in trade (202)

(ii) non-appearance in response to a proclamation issued u/s 84 of BNSS (209)

(iii) attempt to commit suicide to compel or restraint exercise of lawful power of public
servant (226)

(iv) first time convict in a petty theft of less than 5000 Rs. on return of money {303(2)}

(v) misconduct in public by a drunken person (355)

(vi) defamation {356(2)}

Definition of Community Service – Sec. 23 BNSS Explanation

“Community Service” shall mean the work which the

Court may order a convict to perform as a form of

punishment that benefits the community, for which he

shall not be entitled to any remuneration

 New offences added

 Abetment of an offence in India committed by a person outside India (48)

 Having sexual intercourse with a woman by deceitful means (inducement for or false
promise of employment or promotion or marrying by suppressing identity) or by making
promise to marry a woman without any intention of fulfilling it – up to 10 years and fine
(69)

 Printing or publishing any matter relating to a Court Proceedings without permission

of that Court (relating to sexual offences mentioned in sec. 72) – up to 2 years and fine
(73)

 The act of hiring, employing or engaging a child to commit an offence – min. 3 years
up to 10 years (95)
 New offences added
 Organised crime defined and punished in sec. 111

 Petty Organised crime defined and punished in sec. 112

 Terrorist act defined and punished in sec. 113

 Snatching - act of forcible seizure or grabbing of movable property – up to 3 years

and fine (304)

 Offence of act endangering Sovereignty, Unity and Integrity of India (152) – up to 7

years or up to LI

 Offence of attempt to commit suicide with the intent to compel or restrain the exercise
of lawful authority by a public servant is made punishable in 226 – up to one year or fine
or both or with community service
 Offences deleted
 Offence of Sedition in 124A IPC deleted and replaced with Offence against the
State (152)

 The offence of Attempt to Commit Suicide (309 IPC) deleted to bring it in line with
Mental Healthcare Act 2017

 The offence relating Unnatural Offences (377 IPC)

 The offence of Adultery (497)

 The offence of abetting in India the counterfeiting of coin out of India (236 IPC)

 The offences relating to use of false weights and measures (sec. 264-267 IPC)

 The offence relating Thug (310 –definition) (311 – punishment)

 Certain offences relating to house trespass/breaking by night (444, 446 IPC)

 Miscellaneous Changes
 Death penalty for gang rape of a woman below 18 years ({70(2)}

 Offences of assault or use of criminal force against women to disrobe her (76) or engaging
in acts of Voyeurism (77) or Procuration of a child (96) or importation of a person from foreign
country (141) made gender neutral

 Whoever causes death by rash and negligent act and escapes from the scene of crime
without disclosing the incident to a police officer or a Magistrate – up to 10 years and fine
{106(2)} (will not come into force on 1.7.2024)

 When a group of five or more persons acting in concert commits murder on the ground of
race, caste or community, sex, place of birth, language, personal belief or any other similar
ground each member of such group shall be punished with death or with imprisonment for
life, and shall also be liable to fine {103(2)} – offence of ‘mob lynching’ added
 Miscellaneous Changes
 Offence of Mischief in sec. 324 expanded and punishments enhanced

- loss or damage to property of Govt. or local authority included – up to 1

year or fine or both

- if value of loss is 20000 Rs. But less than one lakh – up to 2 years or fine or
both

- If it exceeds one lakh – up to 5 years or fine or both

 Punishment for causing death by rash or negligent act increased from 2 years to 5
years imprisonment. However, for medical practitioners, it has been kept at 2 years
{106(1)}

 Domain of theft has been expanded to include theft of vehicle, theft from vehicle,
theft of govt. property and theft of idol from any place of worship – up to 7 years (305)
 Miscellaneous Changes

 Def. of ‘Child’ and ‘Transgender’ included in sec. 2

 ‘Electronic and digital records’ included in the def. of ‘Document’

 Act of making or publishing false or misleading information which may jeopardise

sovereignty, unity and integrity or security of India made punishable – up to 3 years or
fine or both {197(1)(d)}

 ‘Beggary’ has been introduced as a form of exploitation for trafficking in sec. 143

 No. of days provided for sufferer in severe bodily pain for the purpose of ‘grievous
hurt’ reduced from 20 to 15 days in sec. 116
Evidentiary Law -
BSA
 Definitions – sec. 2

 Def. of ‘document’ expanded to include an electronic or digital

record or emails, server, logs, documents on computers, laptop or
smartphone, messages, websites, cloud, locational evidence and
voice mail messages stored on digital devices – {1(d)}

 Def. of ‘evidence’ expanded to include any information given

electronically. This will permit the appearance of witnesses, accused,
experts and victims to depose their evidence through electronic means
and also establishes ‘digital records’ as documentary evidence – {1(e)}
 Expansion of Primary Evidence – sec. 57
 An electronic or digital record, produced from proper custody, is sufficient to prove
its contents, unless it is disputed

 an electronic or digital record, created or stored, either simultaneously or

sequentially in multiple files, each such file is an original

 a video recording, simultaneously stored in electronic form and transmitted or

broadcast to another, each of the stored recording is an original

 an electronic or digital record, stored in multiple storage spaces in a computer

resource, each such automated storage, including temporary files, is an original
 Expansion of Secondary Evidence – sec. 58

 It now includes-

- oral admissions,

- written admissions,

- evidence provided by a person who is skilled in examining certain documents,

which being technically or voluminous cannot be conveniently examined

 Now, giving matching hash # value of original record as proof of evidence

shall be admissible as secondary evidence. Importance is given to the
integrity of a specific file and not on the entire storage medium
 Other significant changes

 ‘Coercion’ added to sec. 22 as one of the acts causing a confession inadmissible

 Scope of an ‘expert’ in sec. 39 expanded to include persons especially skilled in

‘any other field’

 Explanation in sec. 24 added to clarify that in a case of multiple people being tried
jointly, even if any of such accused has absconded or failed to comply with the
proclamation issued against him u/s 84 BNSS, is absent during trial, the trial will be
conducted as a joint trial

 Sec. 52 enables the courts to take judicial notice of laws having extra-territorial
operations, international treaty, agreement, or convention with countries or decisions
made at international bodies, tribunals, State Legislatures in the territory of India
 Other significant changes

 Sec. 61 will now ensure that electronic or digital records will have the same legal
effect, validity and enforceability as other documents. It brings parity in admissibility
of electronic/digital record and other documents

 Sec. 62 & 63 will provide a comprehensive framework for admissibility of

electronic records as evidence

 Changes in sec. 138 enables an accomplice to testify in Court against the person
accused of the crime. It clarifies that a conviction of the accused is not deemed
illegal when it is based on the corroborated testimony of the accomplice

 A proviso has been added to sec. 165 that disallows any Court to require any
communication between Ministers and President of India to be produced before it
Applicability of old and
new laws
 Q.1 – Which Procedural Law shall apply on
pending proceedings

 Though CrPC stands repealed from 1.7.24, any appeal, application, trial,
inquiry or investigation pending before the date on which this Sanhita comes
into force, all these proceedings shall be disposed of, continued, held or
made, in accordance with the provisions of CrPC, as if this Sanhita had not
come into force (531)

 It is obvious that on all proceedings instituted before 1.7.24 which will be

pending on or after 1.7.24, CrPC shall continue to apply
Q.2 – Which Procedural Law shall apply on proceedings
to be instituted on or after 1.7.24

 It is obvious that on all new proceedings to be

instituted on or after 1.7.24, BNSS shall apply
 Q.3 – Which Evidentiary Law shall apply on
pending proceedings

 Though IEA stands repealed from 1.7.24, any application, trial, inquiry,
investigation, proceeding or appeal pending before the date on which this
Adhiniyam comes into force, all these proceedings shall be dealt with under
the provisions of IEA, as if this Adhiniyam had not come into force (170)

 It is obvious that on all proceedings instituted before 1.7.24 which will be

pending on or after 1.7.24, IEA shall continue to apply
Q.4 – Which Evidentiary Law shall apply on proceedings
to be instituted on or after 1.7.24

 It is obvious that on all new proceedings to be

instituted on or after 1.7.24, BSA shall apply
 Q.5 – Which Penal Law shall apply on incidents pertaining
to a period prior to 1.7.24 but reported on or after 1.7.24

 Though IPC stands repealed from 1.7.24, any proceeding, investigation or remedy in
respect of any penalty or punishment incurred in respect of any offences committed
against the Code so repealed, may be instituted, continued or enforced and any such
penalty may be imposed as if that code had not been repealed (358)

 Art. 20 (1) of Constitution - No person shall be convicted of any offence except for
violation of a law in force at the time of the commission of the act charged as an offence,
nor be subjected to a penalty greater than that which might have been inflicted under the
law in force at the time of the commission of the offence

 It is obvious that on all incidents happened before 1.7.24, which will be reported on or
after 1.7.24, IPC shall continue to apply
Q.6 – Which Penal Law shall apply on incidents that will
occur on or after 1.7.24

 It is obvious that on all crimes to occur on or after

1.7.24, BNS shall apply
 Q.7 – Which Penal Law shall apply on continuing offences
originating before 1.7.24 but continued on or after 1.7.24

 In case of continuing offences as above, applying relevant sections of BNS

may be sufficient, but it would be safer to apply relevant sections of both
laws, IPC and BNS in order to avoid future legal complicaitions
Q.8 – Which Procedural Law shall apply on incidents pertaining
to a period prior to 1.7.24 but reported on or after 1.7.24

 On all proceedings which shall be instituted on or after 1.7.24,

irrespective of the period of incidents reported or irrespective of the
applicability of IPC or BNS, the provisions of BNSS and BSA shall apply
IF YOU WANT PEACE, WORK FOR
JUSTICE