SILENT FEATURES OF NEW CRIMINAL LAWS OF BHARAT

SILENT FEATURES OF NEW CRIMINAL LAWS OF BHARAT

Author: SANJAY KANNAN B, Student, BHARATH UNIVERSITY, CHENNAI

Edited By: Aman Tyagi, Student, University Five Year Law College, Jaipur 

  1. INTRODUCTION

In this research article, the author just analyzed the silent features of New criminal laws in Bharat. As well as to analyze the distinction between new and old criminal laws (amended), According to the British rule in India chief commending governor of India framed an Indian penal code in 1860[1].

That is only to punish the Indian people and not to render justice. The government of India made the procedure and forwarded the matter to the official committee to follow the legality and rule of law and justice of the Indian Penal Code 1860, Criminal Procedure Code, and Civil Procedure Code. Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Bill (BSB), 2023[2]

Keywords: (Bharat, criminal, justice, Government).

 

  1. SUB-HEADINGS
  1. Meaning, Definition & Explanation
  • The word “criminal” – is when anything is a person that has to be punished under local law or special law with or without imprisonment or with or without fine.
  • IPC – Indian Penal Code 1860
  • CRPC- Criminal Procedure Code
  • CPC– Civil procedure code.
  • BNS – Bharatiya Nyaya Sanhita (BNS), 2023
  • BNSS– Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
  • BSB-  Bharatiya Sakshya Bill, 2023

 

  1. Historical Background / Evolution

The committee was formed under the head of Professor Ranveer Singh who is a vice chancellor of National Law University Delhi, according to the committee’s recommendation The Honourable Prime Minister and Home Minister Government of India, formed a new drafting committee[3].

Regarding the new criminal law amendment according to the Parliament regulations, the Honourable Home Minister of India introduced the bill at both the Parliamentary House and process successfully passed and according to the procedure established by law instead of IPC, CRPC, and CPC.As per the notification from Home Ministry and legal Affairs new criminal law amendment goes into force at 1 July-2024[4].

  1. Types / Kinds (if any)
  • BNS – Bharatiya Nyaya Sanhita (BNS), 2023
  • BNSS– Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
  • BSA-  Bharatiya Sakshya Adinayam, 2023
PARTICULARS Bharatiya Nyaya Sanhita (BNS), 2023 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Bharatiya Sakshya Bill, 2023
NEW SECTIONS 8 SECTIONS 9 SECTIONS 1 SECTIONS
CHANGED LAWS 175 SECTIONS 160 SECTIONS 23 SECTIONS
REMOVED SECTION 22 SECTIONS 9 SECTIONS 5 SECTIONS
TOTAL 356- SECTIONS

Instead of 511 sections

 533- SECTIONS Instead of 478 sections 170 -SECTIONS Instead of 167 sections

 

4.Exceptions/ explanation

  1. INDIAN PENAL CODE, 1860 (511 to 358) SECTIONS-

According to section 2 of BNS – definition the Defend in the name of citizen, terrorism, offence against to the children’s and women’s is fully codified under a new criminal law. As per the interpretation clause the words document, gender, movable property, public, theft of data, theft of intangible assets are clearly explained. Next Section 11 of Bharatiya Nyaya Sanhita (BNS), 2023 is solitary confinement- there is no change between old and new criminal laws, Sec 2 (21) is include a corporate before the word property only movable property now also with data theft.[5]

Section 124 and 124a of wrong full resident- during the British government period Raj droha is on force, after the republic of India law amended to desa groha, the word sedation omitted and the act of against sovereignty unity and integrity of India is added in the particular act. Section 133 of Bharatiya Nyaya Sanhita (BNS), 2023 was unlawful activity against to the government of India and foreign state at the peace with the Government of India.

  1. Legal Provisions-

Important provision of a Bharatiya Nyaya Sanhita (BNS), 2023 is section 106 is nothing but, causing death by negligence and hidden Run case is causing death by negligence the punishment was increased up to 2 years to 5 years. The medical practice causing a death of negligence is the punishment is less than 10 years. According to the BNS the Delhi Road report causing 555 cases as per the Census of government 46% in the year of 2021.

For example, car accident accident is happened in the particular road and suspect is escaping for the spot that results in their crime report. And the punishment for hid and run is increased up to 2 years to 5 years.

In the form of medical negligence during the practice of causing a death of negligence is the punishment is less than 10 years because, the National crime report data 2020, First information report is fully fake and major case had no prima facia I evidence in the medical report.

Hon’ble Supreme Court of India [6] observed in Limited of the view of increasing a vehicle accident and victim sufferings, but the critical golden horse in the team of motor vehicle acts 1988 is not followed and limited. IPC Section 307 attempt murder is punishment if decrease from dead penalty to life sentence because of more numbers of false cases.

Section 111 is new provision of Bharatiya Nyaya Sanhita (BNS), 2023 contacts unlawful activity is kidnaping, robbery vehicle, theft extraordinary, land gathering, contract killing and economic offences, Cybercrimes trafficking of a person and drugs weapons on the illegal goods and securities illegal goods and services human trafficking are added by the drafting committee.[7]

New 107 old – insane person / idiot, change it to the person of unsound mind. The section is amended to better definition of particular clause. Section 13 of Bharatiya Nyaya Sanhita (BNS), 2023 sub class one the word terrorist was defined, however does any act with the intern to do lying of tender of Unity integrated and the sovereignty and security of economic security of India with the internets of taking terror in a peace are also defined under UAPA act[8].

  1. BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023 –

BNSS – section 2 defined about the new interpretation regarding the word’s audio, video elements with a mail and electronic Communications for the police and lawful investigation boards and pressure used to the legislation, but not defined out the bail Bond and Bond.

As per the norms and regulations of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Criminal Court and officers from the section 6 from 20 of BNSS to procedure of making of legal regulations and court proceedings.

COURT POWER section -21 -29 of Bharatiya Nagarik Suraksha Sanhita (BNSS), Sub clause of act fine amount for punishment 10 thousand rupees to 50 thousand rupees of act, 2023. 2nd clause 5 thousand rupees to 10 thousand rupees.

Section -35 of BNSS amended as to maintain legal process of arrest without warrant and Section 51 of Bharatiya Nagarik Suraksha Sanhita BNSS is medical examination by registered medical practise nor by registered to buy National medical Commission act 2019. Section 105 Bharatiya Nagarik Suraksha Sanhita recording of screening of sensing through the audio video effective evidence to the court process,

Section 173 Bharatiya Nagarik Suraksha Sanhita BNSS, Cognizable offence and preliminary enquiry, online first information report and zero First Information Report with any jurisdiction with valid legal matter[9]. Section 174 police information to the airpower information as to non- Cognizable cases and investigation of such particular case with valid court proceeding.

  1. EVIDENCE ACT – BHARTIYA SAKSHI ADHINIYAM  2023-

Section 2 of Bharatiya Sakshya Adinayam, 2023 comparison provisions between old evidence act and new Sakshya Adinayam is not more amended and only 1 section has been added with 170 inserts of 167. The word definitions from the documents evidence words of Impressions also explain in Information Technology Act 2000.

According to the Section 32 of BSA Bharatiya Sakshya Adinayam relevance of statement as to any law container in the law books and industry or electronic or Digital form to maintain the rule of law and justice to today’s technological driven world. Related to the above provision is Section 73 the proof of a verification of digital signatures is newly added.

  1. Bharatiya Sakshya Adinayam-

Under Section 61 is a new section is to maintain the nothing in Athena shall apply to the Electronic on the grounds that it is an electronic or Digital record such as subject of a sub section of 66 BSA that the cycle legal effort validity as other document. The electronic documents like WhatsApp chats, screen shots, digital signature is usally to find a suspected person in the particular case.

  1. NOTIFICATIONS –

Notification given by the home ministry government of India, new criminal laws of Bharat come into force from the date of gazette notification by the official authority of India – section officer to govt. of India.

  1. CASE LAWS-

The Hon’ble Supreme Court of India dismissed a Public Interest Litigation challenging India’s new criminal law, with the contact of “defects and discrepancies.” Justices Bela M Trivedi and Pankaj Mithal dismissed the petition stating that laws are not in force. Advocate Vishal Tiwari said that the new criminal laws are claimed, laws be amended without proper debate.

  1. INTERPRETATIONS-

Section 111 of BNS is a new provision of Bharatiya Nyaya Sanhita (BNS), 2023 contacts unlawful activity is kidnaping, robbery of vehicle, theft extraordinary, land gathering, contract killing, and economic offenses, Cybercrimes trafficking of a person and drugs weapons on the illegal goods and securities illegal goods and services human trafficking are added by the drafting committee.

Bharatiya Sakshya Adinayam under Section 61 is a new section to maintain that nothing in Athena shall apply to the Electronic because it is an electronic or Digital record.

  1. Doctrines / Theories – “Overhaul the Indian criminal justice system” is a basic doctrine of the legal system stating the removal of colonial laws made by British law.
  1. Amendments –
  • BNS – Bharatiya Nyaya Sanhita (BNS), 2023
  • BNSS– Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
  • BSA-  Bharatiya Sakshya Adinayam, 2023.

Above, bills are passed in both the house of Indian parliament – Lok Sabha (house of people) and upper house Rajya Sabha – house of state procedure established by law.

  1. Statistical Analysis-
  • The critical golden horse in the team of Motor Vehicle Acts 1988.
  • Delhi road accidents 46% by Delhi government in the year 2019[10].
  • Committee was formed in the head of Professor Ranveer Singh who is a vice chancellor of National Law University Delhi, according to the committee’s recommendation.

 

CONCLUSION & COMMENTS

Hon’ble Supreme Court of India observed in Limited of the view of increasing a vehicle accident and victim sufferings, but the critical golden horse in the team of Motor Vehicle Acts 1988 is not followed and limited. IPC Section 307 attempted murder is the punishment if decreased from dead penalty to a life sentence because of more numbers of false cases.

And to amend of evidence act to maintain the rule of law – to accept new electronic evidence in the procedure of court. CRPC – Section -35 of BNSS amended to maintain the legal process of arrest without warrant and Section 51 of Bharatiya Nagarik Suraksha Sanhita BNSS is a medical examination by registered medical practice nor by registered to buy National Medical Commission act 2019. criminal procedure code is amended into new procedure of FIR, Investigation, ZERO FIR.

 

  1. REFERENCES

[1] Indian penal code 1860 – criminal law in India .

[2] Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Bill (BSB), 2023 – criminal law amendment in the year 2023. https://www.mha.gov.in/en/about-us/meet-the-minister/union-home-minister  last access – 10/06/2024. 10 .00 am.

[3] www.nludelhi.com – National Law University Delhi official website- last access 11/06/2024- 5.00 pm

[4]    https://www.mha.gov.in/en/about-us/meet-the-minister/union-home-minister  last access – 10/06/2024

[5] Official web site of parliamentary affairs government of India https://www.india.gov.in/my-government/indian-parliament  last access – 12/06/2024 – 11.00 pm.

[6]www.supremecourtofindia.com last access – 13-06- 2024.

[7] Official web site of parliamentary affairs government of India https://www.india.gov.in/my-government/indian-parliament  last access – 12/06/2024 –12.20 pm.

[8] www.nia.gov.in last access 12-06-2024 (UAPA ACT).

[9] www.tnpolice.gov.in last access 13-06-2024 (first information report).

[10] Web site of home ministry Government of India https://www.mha.gov.in/en/about-us/meet-the-minister/union-home-minister  last access 13-06-2024 time 4.00 pm