New Criminal Laws and Other Acts

The facts:

• The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, 1860, in force from 1 July 2024, as part of the effort to modernise and decolonise criminal justice.
• It is substantive criminal law: it defines offences and their punishments. Procedure went to the BNSS and evidence to the BSA.
• It newly defines organised crime (Section 111) and petty organised crime (Section 112): crimes by a gang such as theft, snatching and cheating. A terrorist act is a separate offence (Section 113).
• Stealing someone's personal details to pose as them and cheat is identity theft (cheating by personation).

The facts:

• The BNSS, 2023 replaced the Code of Criminal Procedure.
• Zero FIR (Section 173): a complaint about a cognizable offence can be filed at any police station, whatever the place of the crime, and is then sent to the right station.
• Search and seizure must be video-recorded (Section 105). Statements and confessions may be recorded by audio-video means, and trials and summons may be held electronically, to speed up justice.
• Police custody: at most 15 days in all, which may be taken in parts.
• Default bail (Section 187): if the charge-sheet is not filed within 60 days (offences punishable with less than ten years) or 90 days (death, life or ten years and more), the Magistrate must release the accused on bail.

The facts:

• The BSA, 2023 replaced the Indian Evidence Act, 1872. It aims to admit modern evidence, in line with the Information Technology Act, 2000, forensic science and digital technology.
• Electronic and digital records are documents and count as primary evidence (Section 57).
• To be admitted, an electronic record must come with a certificate (Section 63, the old Section 65B), signed by the person in charge of the device and an expert.
• Secondary evidence, such as a photocopy, is allowed only when the original is lost, destroyed or unavailable for a valid reason.
• Oral evidence must be direct: what the witness saw or heard.
• A confession to a police officer cannot be proved against the accused (Section 23), because it may not be voluntary.

Acts:

• Epidemic Diseases Act, 1897: amended by an ordinance in 2020, during COVID-19, to protect health workers.
• Hindu Succession Act, 1956: in 2022 the Supreme Court held that a daughter could inherit her father's property even before this Act.
• Environment (Protection) Act, 1986: lets the Central Government set up authorities against pollution.
• Rights of Persons with Disabilities Act, 2016: raised the recognised disabilities from 7 to 21.
• Muslim Women (Protection of Rights on Marriage) Act, 2019: made triple talaq void; Section 5 gives the woman a subsistence allowance.
• Essential Defence Services Act, 2021: lets the government ban strikes and lockouts in essential defence units.
• Constitution (Scheduled Castes) Order (Amendment) Bill, 2021: changed Tamil Nadu's Scheduled Caste list.

Bodies:

• National Human Rights Commission (Act of 1993): a former Chief Justice of India heads it, with a former Supreme Court judge and a former High Court Chief Justice among its members. A District Magistrate is not a member.
• Zonal Councils (States Reorganisation Act, 1956): the Union Home Minister is chairman ex officio.
• Sports Authority of India: under the Ministry of Youth Affairs and Sports.