Criminal law relates to crime and punishment and is referred to as penal law. Criminal courts deals with criminal acts and also involves offences that are against the society including Domestic Violence. In criminal law the accused is given punishment if they do any kind of crime which is against the state or any evil nature of the crime that causes harm to the society. Criminal law focuses on punishment rather than dispute as compare to civil law. In Criminal cases the accused faces a set of procedural laws like complaint, first information report, anticipatory bail, arrest, bail, charging and trial of criminal defendants. These procedures are designed to protect the rights of defendants and it ensure that they receive a fair trial.
Features of Criminal Law:
- Criminal courts deals with offenses against the society as whole, rather than disputes between two parties.
- Criminal law involves the burden of punishments and penalties upon those who are found guilty of criminal offenses.
- Compared to civil cases the burden of proof are higher in criminal cases.
- Criminal cases are initiated by way of a complaint.
- Remedies of criminal cases including Imprisonment, fines and both.
New Criminal Laws effective 01 July 2024
Bharatiya Nyaya Sanhita, 2023 replaced Indian Penal Code 1860
New criminal law Bharatiya Nyaya Sanhita of 2023 is an endeavour to redefine and redirect the code and has replaced the erstwhile Indian Penal Code, 1860. Through amending, repealing and adding sections BNS aims to take a nuanced approach towards offenses by imposing penalties on actions that pose a threat to the sovereignty, unity and integrity of India. Additionally, it tackles challenges like terrorism, organized crime, by differentiating between serious and minor offenses and imposing strict punishments for serious offenses. The idea of ‘Community Service’, as a penalty for crimes is being implemented under this law focusing on a more rehabilitative approach to justice. Snatching is added as an offense, under Section 304 of BNS.
Bharatiya Nagrik Suraksha Sanhita, 2023 replaced Criminal Procedure Code 1973
The Bharatiya Nagarik Suraksha Sanhita, 2023 aims to refine our Criminal procedure system by setting timelines for investigations and it intends to ensure that justice is more accessible and responsive to the needs of the people. In this new criminal procedural law one notable change is Section 176 of the Act, which mandates investigation for crimes carrying a punishment of seven (7) years imprisonment or more. The appointed experts will be involved in conducting on site investigations by this enactment. Additionally, Section 173 of BNSS embraces the new digital age by allowing digital methods for trials, inquiries and proceedings. This aligns with the advancements in technology and helps streamlining legal processes in documentation and proceedings. Another revolutionary concept is the implementation of Zero FIRs. According to Section 173 of the Act, individuals have the right to file a First Information Report (FIR) at any police station, for a cognizable offense regardless of its jurisdiction. It states that the FIR must be transferred to the police station, for handling crimes committed in that particular area.
Bharatiya Sakshya Adhiniyam, 2023 replaced Indian Evidence Act 1872
In today’s environment, where technology holds great importance, this new criminal law acknowledges electronic evidence, as any information produced or transmitted by a device or system that can store or recover data. Section 57 of the BSA emphasizes the recognition of electronic records as primary evidence. Moreover, the Act includes provisions that enable the electronic presentation of even oral evidence. This advancement makes it possible for witnesses to testify remotely ensuring that digital records hold the same significance as traditional paper documents. Section 24 of the Act, expands on the idea of confession made by a person and some other persons..
Comparison of Old Vs New Criminal Laws
| BASIS | OLD CRIMINAL LAWS | NEW CRIMINAL LAWS |
|---|---|---|
| Laws and Philosophy | The laws were Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act. The philosophy was to provide punitive and retributive justice. | The laws are Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha and Bharatiya Sakshya Adhiniyam. The philosophy is to provide restorative justice focused on rehabilitation and victim centric. |
| Ideology | Developed by Britishers under British oversight and ideology | Built for the Modern India, with focus on ever dynamic legal landscape. |
| Sentencing | There were fixed punishments and penalties specified for various kinds of crimes. | There are provisions for fixed punishments as well as restorative justice provisions like imposition of community service or rehabilitation. |
| Admissibility of Evidence | The acts provided strict and rigid rules for testimonies of witness and sometimes relied upon unreliable circumstantial evidence. Electronic evidence had limited admissibility. | Scope of admissibility was expanded to take into account digital evidence and records and to strengthen investigations. |
| Trial Procedures | Tiring, cumbersome and lengthy procedures due to which due to which people face delays and backlogs in courts. | Aimed at expediting the trial process by implementing time limit and leverage technology to enhance efficiency. |