Bharatiya Nyaya Sanhita (BNS) - Replacing Indian Penal Code:
Definitions:
Definition of "Child" added.
Inclusion of transgender individuals under the expanded definition of "gender."
Broadening the scope of "document" to include electronic records.
New Chapters:
Introduction of a chapter addressing offenses against women and children.
Inclusion of a chapter on "inchoate offenses," covering attempts, abetment, and conspiracy.
New Offenses:
Addition of offenses related to organized crime, terrorism, petty organized crime, hit-and-run incidents, mob lynching, child recruitment for offenses, sexual exploitation, and dissemination of fake news.
Punishment Reforms:
Decriminalization of attempted suicide.
Introduction of community service as an alternative punishment for minor thefts.
Bharatiya Nagrik Suraksha Sanhita (BNSS) - Replacing Code of Criminal Procedure:
Proclaimed Offenders:
Scope of declaring proclaimed offender increased. Earlier only 19 offences were included which did not include rape cases. Now all offences with punishment for 10 years or more included.
Arrest:
Requirement of senior officer approval for offenses punishable with less than three years of imprisonment.
Preliminary Inquiry introduced in offences punishable from 3 years to less than 7 years
Custody:
15 days police custody is allowed for the first 40/60 days of the detention period and this will not be a ground for refusal of bail
Trial:
Introduction of in-absentia trials. - In-absentia trials: Legal proceedings held while the defendant is not physically present.
Inclusion of electronic First Information Reports (FIRs) and preliminary inquiries.
Establishment of a witness protection scheme.
Bail:
Simplified bail process.
Early release provisions for first-time undertrials.
Relaxed punishment for first-time offenders in plea bargaining (one-fourth and one-sixth of such punishment).
Simplification of bail rules for individuals acquitted.
Procedural Reforms:
Implementation of timelines for various procedures.
Introduction of audio-video recording for evidence and proceedings.
Establishment of witness protection measures.
Definition of ‘victim’ expanded, police officer to inform victim/informant about progress in probe
Bharatiya Sakshya Adhiniyam (BSB) - Replacing Indian Evidence Act:
Electronic Records:
Acceptance of electronic records as evidence with stricter standards.
Electronic Statements:
Recognition of electronic statements as valid evidence.
Secondary Evidence:
Expansion of types of secondary evidence, including oral/written admissions and expert analysis.
Spousal Testimony:
Permission for spousal testimony in certain criminal cases against a spouse.
Accomplice Testimony:
Possibility of conviction based on accomplice testimony with corroboration.
Electronic Evidence Submission:
Streamlined process for the submission of electronic evidence with a comprehensive certificate.
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Changes in the new Criminal Laws UPSC
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