Law changes with the changing society. IPC, CrPC and Evidence are the foundation of Indian judicial system. Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA) and Bharatiya Nagarik Suraksha Sanhita (BNSS) are formulated to transform the old and outdated Indian laws that were formulated by the britishers. The new laws are made in consonance with the needs of 21st century.

Bhartiya Nyaya Samhita, 2023:

• The old Indian Penal Code, 1860 is replaced by BNS by changing, replacing, and rearranging the sections. The definitions were earlier discussed in separate sections but in the new BNS, the definition section is merged in section 2 which is further divided into sub-sections.
• The reshuffling of sections is also done in the new BNS.
• 'Community service' is also included as a punishment under the new code to make the Indian judicial system more reformative. (U/s 4 of BNS)
• 'Snatching' is also included as an offence in BNS. In addition to this, the offence of sedition has been removed. It also now imposes the penalty for committing any act that may result in a threat to the sovereignty, unity, and integrity of India.
• Organised crime is also introduced as a crime under BNS. In addition to this, the offence of murder committed by a group of 5 or more persons on specific grounds (such as race, caste, colour, etc.) is also made a punishable offence with a death sentence.
• BNS omits S. 377 of IPC which was read down by the Supreme Court. This removes rape of men and bestiality as offences.

Bhartiya Nagrik Suraksha Sanchita, 2023:

• The Code of Criminal Procedure 1973 is replaced by the new BNSS to make the criminal justice system more transparent, speedy, and victim-centric.
• Specific time limits are imposed to ensure speedy justice in criminal trials.
• The audio-video system is introduced during the search and seizure process to ensure transparency.
• Another provision added to BNSS relates to the attachment of property. Property considered to be the proceeds of crime can be attached by the court and must be distributed among the victims to provide them pecuniary relief.
• The in-absentia trial of proclaimed offenders is introduced in BNSS.
• Under BNSS, an FIR can be filed in any police station, irrespective of where the crime was committed.
• The e-FIR can also be filed and must be duly signed by the informant within 3 days.
• Under section 173(3) of BNSS, a new provision mandates conducting a preliminary inquiry within 14 days for offences punishable with 3-7 years of imprisonment.
• Another new provision requires the officer in charge to submit a daily diary report (for non-cognizable offences) to the magistrate within 14 days.
• Section 176 of BNSS states that the audio-video recording of a rape victim can be done at the place of residence of the victim in the presence of her parents, guardian, or a social worker of the locality. Such statements can also be recorded using a mobile phone.
• The statement of a victim of sexual assault must be recorded by a woman police officer.
• Under section 179 of BNSS, no male under the age of 15 years and above 60 years, no woman, no mentally or physically disabled person, and no person with acute illness shall be required to visit the police station for recording their statement.
• The use of handcuffs is allowed in certain cases under section 43(3) of BNSS. These include habitual offenders, persons who have escaped from custody, and in cases of organized crime, terrorist acts, rape, murder, counterfeiting coins, human trafficking, and other heinous offences.
• The medical report of rape victims must be provided within 7 days to the investigating officer.
• The provision related to remand under section 187(2) states that remand can be sought within 40 days (for offences punishable with imprisonment of less than 10 years) and 60 days (for offences punishable with imprisonment of more than 10 years).
• Many amendments have been made in provisions related to the attachment, forfeiture, or restoration of property.

Bhartiya Sakhsya Adhiniyam, 2023:

• BSA is formulated to replace the colonial era's Indian Evidence Act, 1872. The terms used at the time of establishment of the Indian Evidence Act have been removed, such as Vakil, Barrister, pleader, and are replaced by 'Advocate'.
• The purview of 'evidence' is widened as it now includes the statements given through electronic mediums and they are referred to as primary evidence.
• Electronic and digital records are also included in the definition of 'documentary evidence'.
• The major addition in BSA is that the courts must take judicial notice of international conventions and agreements.
• BSA also includes the word 'coercion' while taking the statement of the accused.
• BSA has introduced a carte blanche provision that no court can ask for the document containing communications between Ministers and the President of India. This might result in the abuse of power due to the absence of judicial review.
• The changes/amendments brought in these two acts are made in accordance with technological development in the present time. These acts have been in existence for more than 130 years. With the advancement of time, it is important to revisit and reshape the laws to meet the demands of the changing society. Therefore, the new laws are introduced to deal with modern society.

References:

• https://www.khaitanco.com/thought-leaderships/Hit-Refresh-Part-3-of-3-Law-of-Evidence-gets-a-Contemporary-Makeover-Key-Highlights-of-Bharatiya-Sakshya-Adhiniyam-2023-BSA
• https://bprd.nic.in/uploads/pdf/BNSS_Handbook_English.pdf.