Bharatiya Nyaya Sanhita Comes Into Effect From Today: Sexual Crimes Against Men, Transgender To Be Included: Laws Explained

Terrorist Act: The act provides that whoever threatens or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country, will constitute of committing a terrorist act.

Mob lynching: The new law clearly states that “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine”.

BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS)

It will replace the Criminal Procedure Code, 1973 (CrPC), which is a procedural law governing the administration of the Indian Penal Code, 1860 (IPC).

Under-trials: According to an analysis by PRS Legislative Research, CrPC provided that if an under-trial has served half of the maximum imprisonment for an offence, he must be released on a personal bond. This provision does not apply to offences punishable by death. The BNSS retains this provision and adds that the first-time offenders get bail after serving one-third of the maximum sentence. However, it adds that this provision will not apply to: (i) offences punishable by life imprisonment, and (ii) where an investigation, inquiry or trial in more than offence or in multiple cases are pending. Since charge-sheets often list several crimes, this may make under-trial prisoners ineligible for mandatory bail.

According to the PRS Legislative Research, some of the key changes proposed in the new law are as follows:

Timelines for procedures: The Bill prescribes timelines for various procedures. For instance, it requires medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days. Other specified timelines include: (i) giving judgment within 30 days of completion of arguments (extendable up to 60 days), (ii) informing the victim of progress of investigation within 90 days, and (iii) framing of charges by a sessions court within 60 days from the first hearing on such charges.

Hierarchy of Courts: The CrPC establishes a hierarchy of courts for the adjudication of criminal matters in India. These courts include: (i) Magistrate’s Courts: subordinate courts responsible for the trial of most criminal cases, (ii) Sessions Courts: presided over by a Sessions Judge and hear appeals from Magistrate’s Courts, (iii) High Courts: have inherent jurisdiction to hear and decide criminal cases and appeals, and (iv) Supreme Court: hear appeals from High Courts and also exercise its original jurisdiction in certain matters. The CrPC empowers the state governments to notify any city or town with a population of more than one million as a metropolitan area. Such areas have Metropolitan Magistrates. The Bill omits this provision.