Starting Monday, all FIRs will be registered under the provisions of BNS.However, all cases registered before July 1 will continue to be tried under IPC, CrPC and Indian Evidence Act until final disposal.
BNS has 358 sections, down from 511 in IPC. As many as 21 new crimes have been added in BNS compared to IPC, duration of imprisonment extended in 41 crimes, fines increased in 82 crimes, minimum punishment introduced in 25 crimes, community service introduced as penalty in six crimes and 19 sections removed.
BNSS has 531 sections as against 484 in CrPC, with changes in 177 sections, addition of nine sections and 39 sub-sections and deletion of 14 sections. The Indian Evidence Act, with 166 sections, is being replaced with BSA having 170 sections, with change in 24 sections, addition of two new sub-sections and deletion of six sections.
BNS, BNSS and BSA are being implemented six months after they were enacted based on protracted and detailed consultations with all stakeholders including SC and HC judges, governors, chief ministers, civil servants, police officers, collectorates and Members of Parliament and legislative assemblies. Around 3,200 suggestions were received and examined over several rounds of talks, with home minister Amit Shah having taken 158 such meetings, leading to the drafting of a whole new set of criminal laws that seek to leverage technology to make India’s criminal justice system one of the most modern in the world. The BNS, BNSS and BSA bills were referred to a parliamentary standing committee and most of its recommendations were accepted by the govt before bringing the bills to Parliament for approval.
The underlying spirit of the new criminal laws, as PM Modi had stated at the All-India DGPs conference in Jan, is “citizen first, dignity first and justice first”, with emphasis on the ‘danda’ (baton) being replaced by ‘data’ as a policing tool.
While replying to the debate in Parliament on BNS, BNSS and BSA bills, Shah had underlined that the focus of the new laws was on justice delivery, while safeguarding the rights of victims as well as accused, rather than on punishment. Also, the colonial mindset apparent behind ordering of IPC sections – with those dealing with ‘rajdroh’ (treason) preceding ones related to serious offences like ‘murder’ and ‘rape’ – was being done away with.
Under the , a person may report crime online, without having to visit a police station (online FIR) and also file a zero-FIR at any police station. A free copy of the FIR will be provided to the victim. In the event of arrest, the individual will have the right to inform a person of his choice. Arrest details will need to be prominently displayed within police stations and district headquarters.
The new laws prioritise investigation for offences against women and children, ensuring timely completion within two months of recording information. Victims shall be entitled to updates on the progress of their case within 90 days.
Courts may now grant a maximum of two adjournments to avoid unnecessary delays in case hearings.