Reform of Indian Criminal Laws: BNS, BNSS, and BSA

1. Overview of New Legislations

• Bharatiya Nyaya Sanhita (BNS): Replaces the Indian Penal Code (IPC), 1860.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): Replaces the Code of Criminal Procedure (CrPC), 1973.
• Bharatiya Sakshya Adhiniyam (BSA): Replaces the Indian Evidence Act, 1872.
• Implementation: These laws aim to modernize the justice system by removing colonial-era nomenclature and focusing on "justice" rather than "punishment."

2. Key Changes in Bharatiya Nyaya Sanhita (BNS)

• Terrorism Defined: For the first time, terrorism is defined under general penal law, including acts intended to threaten the economic security or sovereignty of India.
• Sedition Replaced: Section 124A (Sedition) is repealed. It is replaced by Section 152, which penalizes "acts endangering sovereignty, unity, and integrity of India."
• Mob Lynching: Specifically addresses murder committed by a group of five or more on grounds of race, caste, community, or language, providing for life imprisonment or the death penalty.
• Community Service: Introduced as a formal punishment for petty offenses (e.g., small thefts, public intoxication) to reduce prison overcrowding.

3. Procedural Reforms in BNSS

• Zero FIR: Citizens can now file a First Information Report (FIR) at any police station, regardless of the jurisdiction where the crime occurred.
• Time-bound Justice:
  • Judgment must be delivered within 30 days of the conclusion of arguments.
  • Police must provide progress reports to victims within 90 days.
• Forensic Mandate: Forensic investigation is made compulsory for offenses punishable by seven years of imprisonment or more.
• Digitization: Every stage of the investigation, from the recording of the FIR to the filing of the charge sheet and the delivery of the judgment, is to be digitized.

4. Evidence Act Updates (BSA)

• Electronic Records: The definition of "document" is expanded to include electronic records, such as emails, server logs, smartphone messages, and digital locations.
• Primary Evidence: Electronic records are now recognized as primary evidence, provided they are stored and retrieved as per the prescribed technical standards.

5. Comparative Summary

Feature	Old Law (IPC / CrPC / IEA)	New Law (BNS / BNSS / BSA)
Philosophy	Retributive/Colonial (Punishment)	Restorative/Modern (Justice)
Sedition	Explicitly mentioned as 'Sedition'	Replaced by 'Acts endangering sovereignty'
Technology	Secondary or restricted use	Integrated/Mandatory at all stages
Victim Focus	Limited participation in process	Mandatory updates and summary of rights
Forensics	Discretionary/Expert-based	Mandatory for serious crimes (7+ yrs)

6. Objectives and Strategic Significance

• Decolonization: Removal of terms like "British Parliament," "Provincial Government," and "Jury."
• Efficiency: Simplification of procedures to reduce the massive backlog of cases in Indian courts.
• Modernity: Aligning Indian law with the digital age and contemporary social realities.