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# What are the three new criminal laws?
- URL: https://www.upscprep.com/new-criminal-laws-come-to-force-bns-bnss-bs-ipc-crpc-evidence-act/
- Published: 2024-07-01T18:22:58.000Z
- Updated: 2024-07-01T18:22:58.000Z
- Description: GS2 | Polity
- Author: UPSCprep.com
- Tags: Polity, UPSC Mains, Current Affairs, #show-toc

**New Criminal Laws will come into force on July 1, 2024.**

The significance of the three new criminal laws is multifaceted and aims to modernize and streamline the criminal justice system in India. 

- Bharatiya Nagrik Suraksha Sanhita (BNSS)
- Bharatiya Nyaya Sanhita (BNS)
- Bharatiya Sakshya (BS)

![Bharatiya Nagrik Suraksha Sanhita (BNSS) Bharatiya Nyaya Sanhita (BNS) Bharatiya Sakshya (BS) | IPC | CrPC | Indian Evidence Act](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/07/image.png)

*Here are the key points of significance:*

## **Modernization and Simplification**

![](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/07/image-1.png)

### **Bharatiya Nyaya Sanhita (BNS)**

Replaces: **Indian Penal Code, 1860.**

The BNSS prescribes the procedure and conditions for arrest, bail, and custody. It aims to simplify and modernize the procedural aspects of criminal law.

***Key Changes:***

- **Sexual Crimes Against Men and Transgender Persons:**  
  - The BNS is expected to be amended soon to include a section specifically addressing sexual crimes against men and transgender persons.
  - Until then, police are instructed to use allied charges such as wrongful confinement and physical hurt.
- **Concurrent Operation:**  
  - The IPC will continue to operate alongside the BNS for pending cases and crimes reported after July 1 that occurred before this date.

### **Bharatiya Nagrik Suraksha Sanhita (BNSS)** 

Replaces: **Code of Criminal Procedure (Cr.PC), 1973.**

The BNS updates the Indian Penal Code, 1860, to address contemporary issues, including the potential inclusion of sections on sexual crimes against men and transgender persons.

***Key Provisions:*** 

- **Procedure for Arrest, Bail, and Custody:** The BNSS outlines the procedures and conditions for arrest, bail, and custody.
- **Cognisable Offences:** These will now be registered under Section 173 of the BNSS instead of Section 154 of the Cr.PC.
- **State Amendments:** States have the freedom to amend certain provisions of the BNSS as per their requirements.
- **Electronic FIRs:** The Crime and Criminal Tracking Network Systems (CCTNS) has been upgraded to allow for **e-FIRs** and ***zero FIRs***, which can be filed irrespective of the crime location's jurisdiction.
- **Language Support:** FIRs can now be registered in languages other than English and Hindi.

### **Bharatiya Sakshya (BS)** 

Replaces: **Indian Evidence Act, 1872.**

The BS modernizes the rules of evidence, making them more relevant to current technological and social contexts.

***Key Provisions:*** 

- **Electronic Evidence:** The BS mandates compulsory audio-video recording of search and seizure operations and forensic examinations for offences attracting seven years or more of punishment.
- **Submission of Evidence:** Recordings must be submitted electronically to the court without delay.
- [**eSakshya Application**](https://www.upscprep.com/what-is-the-esakshya-app-upsc/)**:** A mobile-based application to help police record crime scenes and upload files to a cloud-based platform.  
    - Recording scenes of crime, search, and seizure activities using their mobile phones.
    - Uploading Evidence to a cloud-based platform.
    - Uniformity in investigation.
    - Increase Conviction Rate
- States like Delhi have developed their own systems, such as the **e-pramaan** application.

![Bare Acts on 3 New Criminal Laws (BNS,BNSS,BSA) | IPC, CrPC, Indian Evidence Act | UPSC](https://sukumarbookstall.com/pub/media/catalog/product/cache/6b9de148c0453fd1592f96fd94132fa4/i/m/img_20240112_190522_1.jpg)

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***Read more:*** [***What is the eSakshya App?***](https://www.upscprep.com/what-is-the-esakshya-app-upsc/)

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[](https://x.com/UPSCprepIAS/status/1807815336269430895/photo/1?ref=upscprep.com)

## **Technological Integration**

As the new Criminal Laws laid emphasis on technology in investigation, trial and court proceedings, the **National Crime Records Bureau (NCRB)** has made 23 functional modifications in the existing **Crime and Criminal Tracking Networks and Systems (CCTNS)** application. 

![Crime and Criminal Tracking Networks and Systems (CCTNS) | UPSC](https://i.filecdn.in/755esias/image-1719642360558.png)

![National Crime Records Bureau (NCRB) | Crime and Criminal Tracking Networks and Systems (CCTNS) application](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/07/image-3.png)

![National Crime Records Bureau (NCRB) | Crime and Criminal Tracking Networks and Systems (CCTNS) application](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/07/image-4.png)

- **CCTNS Upgrade**: The CCTNS will be significantly upgraded to allow for e-FIRs and zero FIRs, enhancing accessibility and efficiency.
- **Electronic Evidence**: The BNSS mandates compulsory audio-video recording of search and seizure operations and forensic examinations for serious crimes.  
  - This ensures greater transparency and accountability.

NCRB will also provide technical assistance to the States and UTs for a seamless transition to the new system.

## **State Autonomy**

- **Amendments by States**: States have the freedom to amend certain provisions of the BNSS to suit their specific needs.
- This flexibility **allows for** **localized adaptations** while maintaining a unified national framework.

## **Training and Adaptation**

- **Hand-Holding and Training**: The Union government has provided training and support to ensure a smooth transition to the new system.
- This also includes updates to the **CCTNS software** to accommodate multiple languages.
- The **Officer-in-Charge** of each police station in all States and Union Territories will organize a program highlighting the new criminal laws' salient features.
- **Discussions** and **in-depth analysis** have been covered through:
  - News bulletins, programs, discussions and social media platforms of Doordarshan and Akashvani.
  - Public Awareness flyers, interaction programs, informational websites, and ministerial-level webinars have also been held.
- Additionally, **Mandatory inclusion of course modules in schools and higher education institutes** are also some of the steps taken.
  - The University Grants Commission, All India Council for Technical Education and CFIs, and all higher education institutions in States and Union Territories will **organize one-day activities** that will include group discussions, workshops, question-and-answer sessions, and quizzes on various provisions of the new criminal laws.

### **Concurrent Operation**

- **Transition Period**: The IPC and Cr.PC will continue to operate concurrently with the new laws for cases pending in courts and crimes reported after July 1 but committed before this date.
- This ensures that the transition does not disrupt ongoing legal processes.

### **Enhanced Security and Accountability**

- **Cloud-Based Systems**: The use of cloud-based platforms for storing electronic evidence, such as the [**eSakshya**](https://www.upscprep.com/what-is-the-esakshya-app-upsc/) and **e-pramaan** applications, enhances the security and integrity of evidence.

![eSakshya App ](https://pbs.twimg.com/media/GRalNr6aQAAkwOd?format=jpg&name=medium)

![ePramaan](https://www.cdac.in/index.aspx?id=st_egov_sso_120220)

### **Addressing Contemporary Issues**

- **Inclusion of New Sections**: The BNS may soon include sections addressing sexual crimes against men and transgender persons, reflecting a more inclusive approach to criminal justice.

### **Public Accessibility**

- **E-FIR and Zero FIR**: The ability to file FIRs electronically without visiting a police station and irrespective of jurisdiction makes the process more accessible to the public.

## **Conclusion**

The implementation of these new laws represents a significant overhaul of India's criminal justice system, aiming to make it more efficient, transparent, and responsive to contemporary needs. The integration of technology, flexibility for state-specific amendments, and enhanced security measures are key features that underscore the significance of these changes.

![](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/06/UPSC-Advance.png) 

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