NCL - An Overview (2).pptx- overview of new criminal laws

Overview of new criminal laws
B. Shambaji Rao
FM (law)
Telangana police Academy

1. New criminal laws ; An Overview 1

2. The new laws came into force from the 1st July of this year. WHAT WAS THE NEED FOR THE NEW LAWS - Many of the sections were irrelevant to the current scenario. -Advances in Technology- Evidence Collection and New dimensions of crime, evidence, and investigation. 38

3. - Various reports highlighted the need for reforms in criminal laws 38 The 111th, 128th and the 146th report of the Parliamentary Standing Committee Key Features of the New criminal laws ★ Citizen Centric Laws & Women and Children Centric approach : Filing Zero FIR ,E-FIR (sec.173) progress of the investigation shall informed to the victim/ Informant within 90 days sec. 193(6) victim participation in withdrawal of ProsecutionProsecution(sec.360) witness protection scheme (sec.398)etc

4. ►►►New Criminal Laws include 37 sections addressing crime against women and children . 38 Investigation-60 days in rape &pocso casesetc(sec.193) -Medical examination( sec.184)- examination of witnesses by women etc.(180) Infusion of Technology in the Delivery of Justice -AV -Seizure (105), Forensic evidence (sec.176(3)) electronic evidence in BSA, recording statements , appearance ,production of accused from jail etc in BNSS (sec.530)

5. Timely and Speedy Justice ►► Timeline has been added in 45 sections of BNSS. ►► Greater Accountability and Transparency of Police: ►►Over 20 sections have been introduced to enhance police accountability in arrest (Sec.35(7), search, seizure and investigation,(Sec.105) forward the daily report to the Magistrate in respect of the non cognizable offences every fortnightly (Sec.174 )etc 38

6. Application of NCL 38

7. Sec.531 of Bnss: Any appeal, application, trial,inquiry or investigation pending , then, such appeal, application, trial,inquiry or investigation shall be disposed of,continued,held or made,as the case may be,in accordance with the provisions of the cr. p.c - ### Continuing offences : Matrimonial offences (85) ,false promise of marriage (69), conspiracy itself offence in any Section–’“Continuous unlawful activity’ In Organized crime , etc -new law. 38

8. ❖ BHARATIYA NYAYA SANHITA, 2023 (BNS) Reasons for less sections :Definitions in IPC - Sec.6 to 52 -A but now in Sec.2 covered all definitions # Redundant sections not included. 38

9. Overview of BNS. The offences against women and children which were scattered throughout in the erstwhile Penal Code, 1860 have been brought together and have been consolidated under Chapter-V. In the same manner, the offences affecting the human body are also brought up in the order and placed in the Chapter -VI All 3 incomplete categories of offences, ie. Attempt, Abetment & Conspiracy are brought together in one Chapter (i.c. Chapter IV) which were earlier in different chapters. 20 New sections have been added. 20 Provisions of IPC have been deleted. . 38

10. Punishment of imprisonment has been increased in 33 ooffences Punishment of Fine has been enhanced in 83 offences. 38 Mandatory minimum punishment has been introduced in 23 offences Assault or use of criminal force to woman with intent to disrobe her u/s 76 of BNS and Voyeurism u/s 77 of BNS has been made Gender neutral.

11. The offence relating to importation of a person from foreign country has also been made gender neutral to cover both boys and girls in Section 141 of the BNS, 2023 . - It will protect the minor boys and girls from being used for the purposes of forced or seduced illicit intercourse. - Sec.366 -B -importation of girl 38 Definition of Child U/Sec. 2 (3):Uniformity -- replacing the expression 'minor' and 'child under the age of eighteen years' with the word 'child'.

12. 'Gender' Sec. 2(10) as any person including transgender with male and female. Replacing 'Night' with 'after sunset and before sunrise. Movable property includes tangible as well as intangible property ( to intellectual properties) [Sec2). Key Changes in the Bharatiya Nyay Sanhita(BNS) Abetment of an offence committed in India by a person outside India has now been made an offence u/s 48 of BNS - Abets offence in India -person outside / beyond India - act is an offence in India 38

13. Community Service As Form Of Punishment (Sec.4) (impose in 6 minor offences ) -6th type of punishment -previously 5 types Sexual Intercourse By Employing Deceitful Means, False promise of marriage etc.(Section.69) “deceitful means” - employment/ promotion -false promise of marriage - change of Identity Enhanced Punishment In Case Of Gangrape Of Victim Of Under 18 Years Of Age ( Sec.70) -376 DB -12 years - death penalty -now -18 years 38

14. Printing or Publishing Trial Court Proceeding Relating To Sexual Offences Without Permission Of Court Is An Offence: ( Sec.73) -ex:publishing HC & SC judgements not offence Organised Crime (Sec.111) -Any lawful activity - Grave offences - single / jointly with common concert Inspired from MCOCA,GujCOCA, etc definition -inclusive of offences All offnces not defined in BNS -spl acts definations Petty Organised Crime (sec.112) ● 38

15. terrorist acts (Sec.113) Same definition- UAPA - iv ) damage to monetary stability- counterfeit Indian currency- Addition SP - discretion to registered the case under -UAPA/ 113 of this act Act Endangering Sovereignty, Unity And Integrity Of India (Sec.152) 124 -A repealed and redefined " re-consideration and re-examination " Referred 5 judges bench n “kept in abeyance” in SG Vombatkere vs Union of India to reconsider the judgement in Kedar Nath Singh v. State of Bihar (1962), S. 117(3) : voluntarily causing grievous hurt - permanent disability /persistent vegetative state 38

16. • S. 195(2) Assaulting or obstructing public servant when suppressing riot, etc. -disperse unlawful assembly /suppressing riot /affray Threatens / use criminal force - publice servant Mob Lynching - (Sec.103(2) ) murder and sec.117 (4) grievous hurt - +- 5 or more/acting in concert -Any other similar grounds added instead of Religion. Supreme Court in " Tehseen S. Poonawalla Vs. Union of India " -directed the center to make the laws on mob lynching 38

17. Snatching As A Distinct Offence ( Sec.304) -s uddenly /quickly/ forcibly takes/ grabs any movable property Sec. 226 has been added in the BNS to punish those who attempt to commit suicide with the intent to compel or restrain the exercise of any lawful power by a public servant. Sec.95 - hiring, employing or engaging a child to commit an offence . - expln -sexual exploitation-pornography - sec.104- Punishment for murder by life-convict (sec.303 of IPC) -remaining life / Death 38

18. Mithu v. State of Punjab - violative of art.14. Key sections - deleted Section 377 Deleted, ( Navtej Singh Johar v. Union of India) - decriminalization of consensual Homosex-not struck down - case pending before Delhi High Court filed by lgbt Offence Of Adultery Omitted.( Joseph Shine vs Union of India ) - struck down the section 497 Redundant sections in IPC - not included in BNS. eg : legal metrology act provisions related to weight and measures 38

19. BNSS deleted -Metropolitan area and related sections. Assistant sessions judge etc 38

20. New Provisions in BNSS: 38 2(1)(a) - " audio-video electronic means" shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide; (b) " bail " means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an

21. officer or Court on execution by such person of a bond or a bail bond; 38 ((d) " bail bond" means an undertaking for release with surety; (e) " bond " means a personal bond or an undertaking for release without surety; ★ Sec.35(7)- When Police officer may arrest without warrant : No arrest without permission -DSP-offence punishable less than 3 yrs and such person is infirm or above 60 yrs person

22. Sec.86 - identification and attachment of property of proclaimed person: on requisition of SP/CP Court -court direct contracting state authorities to identify and attachment of property. 38 Sec.105- Recording of search and seizure through audio video electronic means. -search of place etc preferably through mobi le .

23. Sec.107-Attachment, forfeiture or restoration of property. 38 I.O.reason to believe -any property -Proceeds of Crime - (107) derived / obtained -direct/ indirect - - Approval of SP/CP Magistrate / trial court - issue Show cause notice< 14 days Appears-hear -Does not appear - ex parte DM-ratably Distribute < 60 days -Interim Orders.if urgency Surplus/ no claimant - forfeit to state

24. Sec.336 : Evidence of public servants, experts, police officers in certain cases: document /report prepared by expert -unless disputed shall not be called as witness/ transferred/ died etc/ call successor /may AV/ 38 ** SEC.356- in absentia trial -Inquiry, trial or judgment in absence of proclaimed offender :in absentia trial - proclaimed offender - Sec.398- witness protection scheme Mahendra Chawla v UOI Sec.472 - Mercy petition in death sentence cases: timelines for mercy petitions , Role of jail authorities

25. Sec.530 - Trial and proceedings to be held in electronic mode: issuance of process, trial , examinations and inquiries may through AV 38 Sec.479, provision for bail - first-time offenders, - period of one by third . ***###Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024 Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013Citation: 2024 LiveLaw (SC) 632

26. Other important changes Preliminary enquiry-173(3)- 3yrs -7 yrs = DSP Zero FIR ( Sec.173 (1) Information through electronic Communication - < 3 days = sign. (Sec.173 (1) Copy to informant or Victim-173(2) Non-Cog-fortnightly report to Magistrate.- (174) Investigating Officer - Gravity and Nature-SP-DSP(175) Statement of a rape Victim-May AV methods (176{1}) Statements-(179) - <15yrs & > 60yrs, woman, Infirm- physically, mentally or Illness - Voluntary. Confession /statements (183) < 10 years- Witnesses. 38

27. Medical examination (184)- report < 7 days of Rape victim - 183 Visit by Forensic Expert-176(3). -> 7 yrs -< 5 yrs. Panchanama- AV methods including Mobile phone- process- signing, preparation of list. (105) Panchanama and records (185) < 48 hrs to Magistrate ● 38

28. BSA One new sect. 61 has been introduced in the BSA of 2023. 5 sections not included in BSA 38

29. Formats for Certificate u/s 63(4) BSA (Previously Sec.65-B of the IEA) has been appended in the BSA of 2023. KEY CHANGES INTRODUCED IN THE BSA: Territorial Application of the BSA ‘India” removed Section 1 of the BSA does not contain such a provision. This is presumably to enable admissibility of digital evidence generated outside India. Changes related to electronic and digital records Definition of “ document ”– Section 2(1)(d) includes“ electronic and digital records ” within its ambit. 38

30. ● 38

31. Definition of “ evidence ” now includes information given through electronic means 38

32. – Section 2(1)(e) of the BSA includes statements given electronically by witnesses are to be treated as evidence as well as oral evidenc e.evidence 38

33. * Sec.32: Electronic or digital form of law books now relevant – 38

34. Sec.57:Primary evidence : electronic evidence -Explainations -4 to 7 38

35. ****Admissibility of electronic evidence – Section 61 of the BSA provides that electronic or digital records shall have the same legal effect, validity and enforceability as other documents . 38

36. Section 62 of the BSAstates that the contents of electronic records may be proved in accordance with Section 63 of the BSA. **** Electronic and Digital Signature – Sections 85 Other key changes : Facts in issue – Section 4 of the BSA, in addition, states that facts though not in issue are connected with a relevant fact as to form part of the same transaction, are relevant. Section 22 of the BSA,retains these elements, and adds the element of coercion to render the confession irrelevant in a criminal proceeding. 38

37. #Joint trial – Section 24 of the BSA - Section 30 of the IEA, its corresponding provision on joint trials, adds an explanation which states that a trial of more than one person held in the absence of the accused who (a) has absconded; or (b) fails to comply with a proclamation issued under Section 84 of the BNSS, shall be deemed to be a joint trial. *Judicial notice – Section 52(1)(b) judicial notice - international treaty, agreement or convention with country or countries by India, or decisions made by India at international association or other bodies, and seals of Tribunals in additions to seals of courts. 38

38. 38

39. B.Shambaji Rao FM (Law) 38

40. 38