#Bharatiya Sakshya Adhiniyam (BSA)

[localnewspaper-blog]

Important Sections and Comparison

Important Sections and Comparison #LAW #IPC #BNS #BNSS #CRPC #IEA #BSA

Important Sections and Comparison Bharatiya Nyaya Sanhita (BNS) – 2023 VS Indian Penal Code (IPC) – 1860 Bharatiya Nagarik Suraksha Sanhita (BNSS) – 2023 VS Criminal Procedure Code (CRPC) – 1973 Bharatiya Sakshya Adhiniyam (BSA) – 2023 VS Indian Evidence Act (IEA) – 1872

[kimskashmir]

We hope NDA constituents rethink implementation of new criminal laws: Omar Abdullah

SRINAGAR — National Conference leader Omar Abdullah on Monday said that he hopes that the NDA constituents will rethink the implementation of three new criminal laws in the country. “We had wanted that a new government will be formed after the (Lok Sabha) elections and these laws would be reviewed but it has not happened. However, this is not (purely) a BJP government as the party did not get a…

[the-microphone-explodes]

Yesterday, the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act have been replaced by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) respectively. These new codes have been added in attempt to get rid of the colonial era laws, to keep up with the changing times, and hope for a “speedy justice”.

However there is a major issue. Under the new BNS code, the rape of men and transgender people is no longer a crime. Because there has been no equivalent of Section 377 in the updated Code.

This is setting a dangerous precedent in a country that already mocks and looks down upon its rape victims of any gender. We need to make sure that in the case of no societal protections, that at the very least victims have the ability to access legal protections. This is not possible for men and transgender people as of yesterday, July 1st.

A petition is here to sign, if you have a few minutes, please help the cause: https://chng.it/jBV5RyWhpQ.

[jhasravi]

Criminal Law Series- Evidence Act Vs Bharatiya Sakshya Adhiniyam 2023

“Indirect Tax I Customs I Arbitration I Advisory I Central Licensing support I Litigation Support” Dated: 03.09.2024 Criminal Law Series- Evidence Act Vs Bharatiya Sakshya Adhiniyam 2023 Comparative Table of Indian Evidence Act Vs The Bharatiya Sakshya Adhiniyam 2023 IEA vs BSA 2023Download Compiled by: Team SJ EXIM Services, New Delhi Reviewed by: Ravi Shekhar Jha, BALLB Forwarded by:…

[aakashmalhotra]

Key Features Of India's 3 New Criminal Laws

India is getting ready to implement three revolutionary criminal laws on July 1, 2024, with the ultimate goal of substituting outdated Colonial-era laws with modern legal framework. Three new criminal laws address concerns about expanding authority over police while introducing new security precautions like Zero FIR and faster trials. As the country makes painstaking preparations, such as training initiatives and technology advancements, it expects a revolutionary change toward a more effective and equitable legal system that prioritizes justice delivery in a timely manner. 

Last December, the Parliament passed three pivotal legislative acts: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Act (BSA). These groundbreaking laws are set to supplant the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872, respectively. Thus, the three new criminal laws in India now include a number of new provisions tailored to the needs of modern technology.

Significant changes and provisions

The new legislation include a number of innovative measures designed to improve the effectiveness and equity of the legal system:

Innovative Legal Procedures

Embracing features like Zero FIR empower individuals to file complaints at any police station. Thus, this capability enhances the accessibility of legal recourse for individuals.

Technological Advancements

The goals of electronic summons services and online police complaints are a great initiative to improve communication and decrease paperwork.

Swift Judicial Processes

Timely delivery of justice is emphasized by strict deadlines for formulating charges within 60 days and delivering trial rulings within 45 days.

Protection for Vulnerable Groups

Specific rules that guarantee sensitive treatment and speedy medical evaluations for crimes against women and children.

Expanded Offenses

Along with a thorough definition of terrorism, definition updates cover new offenses such group rape of minors and false promises of marriage.

Key features of new criminal law

Bharatiya Nyaya Sanhita

In the corporate context, the legal penalties primarily apply to situations including:

Misconduct, cheating or fraud

Criminal misappropriation 

Betrayal of faith 

Fraud and use of forged papers

The provisions that define these offenses have essentially remained unaltered.

Bharatiya Nagarik Suraksha Sanhita 

Explains several other kinds of electronic proof 

Grants judges and law enforcement officials the authority to summon witnesses in digital evidence situations

Clarification of the relevant jurisdictions in cases of cheating involving electronic methods of deception.

Gives courts the authority to request electronic submissions in situations involving large amounts of paperwork.

BharatiyaSakshya Adhiniyam

The definition of 'document' has been expanded to encompass electronic and digital records, along with the provision of specific examples of such records.

The definition of documentary evidence has been expanded to include electronic and digital records.

Electronic evidence obtained from 'proper custody' is considered to be critical evidence.

Expand the scope of the term 'Experts' to cover further fields of competence.

In-depth Details of Three new criminal law

The Indian criminal justice system is being redesigned by the new laws. They want to modernize and replace the outdated colonial laws by prioritizing national security, implementing equity through a victim-centric approach, and adopting digital and electronic evidence reviews.

We put together a quick document that outlines the important parts of these laws and gives you a plan to reduce legal risks, improve how you operate and investigate, and make your review and response to corporate matters more efficient.

Check And Balance On Police Powers

The BNSS has imposed a further requirement on the state government to nominate a police officer who will be in charge of keeping records on all arrests and who made them in order to prevent the abuse of regulations pertaining to police arrests. The provision mandates that district headquarters and each police station have visible displays of this information.

Fighting Crime Against Women

With the introduction of electronic First Information Reports (e-FIRs), the BNS pioneers a revolutionary method for reporting crimes against women. This facilitates rapid submission of crimes that require urgent care. The digital platform represents the spirit of established legal principles that emphasize prompt reporting and enable quick reporting, overcoming old restrictions.

Reducing Overcrowding In Prisons

Under some conditions, the maximum length of imprisonment for prisoners has been lowered for first-time offenders, and the jail superintendent is now legally permitted to assist accused individuals or criminals in requesting bail.

If an individual has served one-third of the maximum term allowed, they will be freed on bail as a first-time criminal (never having been found guilty of any crime before).

Technology

Technology is now used at every level by the BNSS, from visiting crime scenes to conducting investigations to holding hearings. It is revolutionary because it will guarantee a speedy conviction and openness in the inquiry. Utilizing the power of contemporary scientific technologies and modernizing the criminal justice system are two important goals of integrating technology and forensics into investigations.

In order to mitigate the risk of evidence tampering, it is imperative to incorporate the compulsory use of audio-video recording in search and seizure procedures within the BNSS. The audio-video recording requirement during search and seizure should encompass the complete process of documenting the confiscated items and obtaining the signatures of witnesses, ensuring transparency and accuracy throughout the proceedings.

In search and seizure proceedings, transparency plays a crucial role in preventing the fabrication of evidence and ensuring the presence of independent witnesses.

Last words

Lastly, these newly proposed laws are designed to modernize and replace the existing Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act. The aim is to introduce updated provisions that are specifically tailored to address the current legal requirements and challenges. Read More Deloitte India's Latest Article on Three New Criminal Laws