From IPC to BNS: India’s new criminal laws focus on speedy trials and digital evidence

NEW DELHI: The Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagrik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam (BSA) came into effect on Monday. These laws replace the colonial-era Indian Penal Code (IPC), the Code of Criminal Procedure, and the Indian Evidence Act of 1872.

Significant changes have been made from the Indian Penal Code (IPC) to the Bhartiya Nyaya Sanhita (BNS). Now, FIRs can be filed through electronic communication. If an e-FIR is filed, the victim must visit the police station within three days.

Under the new laws, the court must frame charges within 60 days from the first hearing date. Delivering a verdict within a maximum of 45 days after the final hearing is mandatory. To expedite investigations and decisions, emails and mobile messages will also be accepted as evidence. This will prevent delays in court proceedings, ensuring quicker case resolutions. The new laws introduce the provision for filing a zero FIR. Reports can now be filed at any police station, and the FIR will be transferred to the jurisdictional police station within 15 days. Previously, FIRs had to be filed only at the police station within the jurisdiction of the incident location.

Any citizen can file a zero FIR related to a crime anywhere. The case will then be sent to the relevant police station for investigation. If the zero FIR pertains to an offence punishable by three to seven years of imprisonment, a forensic examination of the evidence will be required.

Provisions have been made to provide the complainant with documents related to the FIR and statements. The complainant can also request interrogation points from the police.

FIRs can now be filed through e-notification. Serious charges like murder, robbery, or rape can also be reported through e-FIRs. Information can be provided to the police via voice recording. In the case of an e-FIR, the complainant must visit the police station within three days to sign a copy of the FIR.

The accused will now be able to apply to the magistrate’s court within 60 days of the chargesheet presentation to determine whether the case is triable. Previously, the court used its discretion to decide this. The chargesheet must be filed within 90 days of the FIR. The court must frame charges within 60 days from the first hearing date. Witnesses can now present evidence through video and audio. Audio-video evidence is mandatory for public servants.

The court must deliver a judgment within 30 days from the day the hearing concludes. The decision can be postponed for up to 15 days for special reasons. Thus, the court is required to deliver its verdict within 45 days. A copy of the judgment must be provided within seven days of its delivery.

The police must inform the family in writing about the person taken into custody. This information must be provided both offline and online.

Section 86 of the BNSS describes the procedure for property acquired through crime. If the property is acquired through a crime, it will be seized. Under Section 356, there is a provision for hearing and sentencing decisions in the absence of the absconding accused.

For cases punishable by up to seven years, forensic investigation is now mandatory. Section 176 of the BNSS mentions the entire process of inquiry for the first time. It is mandatory to call the FSL team to the scene and videograph it. This can help the police solve a case. Videography is also mandatory for house searches. Additionally, the police can send summonses via email or WhatsApp. The address, email, and mobile number of the accused will be saved with the courts.

The entire process, from FIR filing to investigation and court statements, will emphasize digital means. E-records, zero FIRs, e-FIRs, and chargesheets will be digital. The e-statements of rape victims will also be recorded. Witnesses, accused, and victims can appear in court virtually. The provision in Section 144(A) of the CRPC requiring permission from the collector to carry weapons during religious or social processions has been removed from the new law.