The “BNS Act” denotes the Bharatiya Nyaya Sanhita, 2023, which serves as India’s new criminal code, superseding the Indian Penal Code (IPC) as of July 1, 2024. This act was enacted concurrently with two additional laws, namely the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), aimed at reforming India’s criminal justice framework.

Key provisions and changes

New criminal offenses:

Mob Lynching: The act specifies that murder or serious injury inflicted by a group of five or more individuals based on identity markers such as race, caste, or personal belief constitutes a distinct offense, punishable by life imprisonment or capital punishment.

Organized Crime and Terrorism: The BNS explicitly defines and categorizes terrorism and organized crime as offenses, encompassing activities such as kidnapping, extortion, and cybercrime perpetrated by criminal syndicates.

Sedition Replaced: The previous sedition law (Section 124A of the IPC) has been abolished and replaced with a new offense that criminalizes actions threatening the sovereignty, unity, and integrity of India.

Petty Theft: For first-time offenders involved in petty theft where the value of the stolen goods is below ₹5,000 and is returned, community service has been introduced as a form of punishment.

Focus on women and children: A new chapter has been established to address offenses against women and children, consolidating the provisions from the former legislation.

Gang Rape: The minimum age for victims in gang rape cases has been uniformly raised to 18 years.

Gender-Neutrality: Certain offenses have been revised to be gender-neutral, ensuring protection for all victims and accountability for perpetrators, irrespective of gender.

Recording Statements: Law enforcement is now required to audio-videotape the statements of victims in rape cases to improve transparency and prevent evidence tampering.

Efficiency and technology: Timelines: Specific deadlines have been established for various legal processes, including the completion of investigations within 90 days and the issuance of judgments within 45 days.  

Forensic Evidence: Forensic specialists are now required to visit the location of any crime that carries a penalty of seven years or more imprisonment in order to gather evidence.

Electronic Communication: First Information Reports (FIRs) may be submitted from any police station through electronic means, and summons can also be issued electronically.

Impact on procedure: Trial in Absentia: Courts are now permitted to carry out trials and deliver verdicts for proclaimed offenders who have avoided trial by fleeing.

Plea Bargaining: The plea bargaining process has been established with a time limit to expedite the resolution of cases.

Victim’s Rights: Victims have the right to be updated on the status of the investigation and to be heard prior to the withdrawal of a case. 

The acronym BNSS represents the Bharatiya Nagarik Suraksha Sanhita, 2023. This legislation was enacted in India on July 1, 2024, superseding the Code of Criminal Procedure (CrPC). Its primary aim is to modernize and enhance the efficiency of the country’s criminal procedure.

Key provisions of the BNSS

The act introduces numerous essential modifications designed to improve the justice system’s efficiency, transparency, and focus on victims. Among the most notable provisions are:

Use of technology: The BNSS encourages the integration of technology by permitting electronic First Information Reports (e-FIRs), virtual court sessions, and the utilization of audio-video electronic methods for recording testimonies.

Timelines for investigation and trial: It establishes specific deadlines for different phases of the criminal procedure to guarantee prompt justice. For instance, it stipulates that judgments must be delivered within 45 days following the conclusion of the trial and mandates the collection of forensic evidence within 7 years of the crime.

Trial in absentia: The act permits the trial and issuance of judgment in the absence of a proclaimed offender who has fled to avoid legal action.

Mandatory forensic investigation: It obligates forensic specialists to visit crime scenes and gather evidence for offenses that carry a penalty of seven years or more of imprisonment. 

Police custody: The BNSS modifies the procedure for police custody, permitting the police to request custody at any time during the initial 40 or 60 days of judicial custody, which may influence an accused individual’s chances of obtaining bail.

Collection of samples: It broadens the range of data collection by authorizing a magistrate to mandate the collection of finger impressions and voice samples, in addition to signatures and handwriting.

Community service: Community service is established as a new form of punishment for less serious offenses, contributing to the alleviation of the burden on India’s prison system.

Purpose and context of the BNSS

The BNSS is one of three laws implemented to reform India’s criminal justice system, alongside the Bharatiya Nyaya Sanhita (which has replaced the Indian Penal Code) and the Bharatiya Sakshya Adhiniyam (which has replaced the Indian Evidence Act). These new laws were introduced to supplant outdated, colonial-era legislation and to tackle modern crimes and legal issues.  

The phrase “Evidence Act” typically denotes the Indian Evidence Act of 1872, which has recently been repealed and succeeded by the Bharatiya Sakshya Adhiniyam, 2023. This legislation outlines the rules and principles governing the admission of evidence in Indian courts.

Key provisions of the Bharatiya Sakshya Adhiniyam, 2023

Expanded definition of evidence: The act expands the definition of evidence to encompass modern technological advancements. Evidence may be presented through oral, documentary, and electronic formats.

Wider scope of electronic records: The updated law revises the definition of electronic records to include a diverse range of contemporary communication devices and formats, such as emails, server logs, locational evidence, and data stored in various memory formats.

Admissibility of electronic evidence: It establishes clear guidelines regarding the admissibility of electronic evidence, which includes the testimony of experts or electronic evidence examiners to verify authenticity.

Protections for victims of sexual offenses: The act retains provisions from the previous legislation that prohibit inquiries into a victim’s character or past sexual experiences as a means to establish consent.

Judicial notice: It requires Indian courts to acknowledge international treaties, agreements, and conventions as part of their judicial notice.

Structure of the law of evidence

The law is fundamentally organized around four essential questions related to facts and evidence: What is evidence given of? Evidence is submitted for “facts in issue,” which are the contested facts in the case, and “relevant facts,” which are associated with the facts in issue.

How is evidence provided? Evidence is conveyed through oral testimony (statements from witnesses) and documentary evidence (any information recorded on a medium, including electronic records). Who holds the burden of proof? The standard principle is that the individual who claims a fact is responsible for substantiating it. How are facts assessed? The court evaluates whether facts are “established,” “disproved,” or “not established” based on the evidence submitted.

Applicability of the Evidence Act

The legislation is applicable to all judicial proceedings in India, including court-martials (with certain exceptions). Nevertheless, it typically does not pertain to: Affidavits submitted to a court or officer. Proceedings before an arbitrator. Are you interested in learning more about particular types of evidence, such as digital records or confessions?

Section 138 of the Negotiable Instruments Act, 1881, constitutes a legal provision in India that categorizes the dishonour of a cheque as a criminal offence. This section is applicable when a cheque, issued to settle a legally enforceable debt or liability, is returned unpaid by the bank due to a lack of sufficient funds in the drawer’s account.

Key elements for an offence under Section 138

An offence under this section necessitates that the cheque be issued for a legally enforceable debt or liability and subsequently dishonoured due to insufficient funds. The cheque must be presented within its validity period, followed by a legal notice demanding payment within 30 days of receiving the return memo. The drawer is required to make payment within 15 days of receiving the notice.

Consequences and penalties

Failure to remit payment following notification may lead to a criminal complaint. Sanctions could involve imprisonment for a duration of up to two years, a monetary fine that may reach twice the amount of the cheque, or both.

Recent Supreme Court guidelines

The Supreme Court has established guidelines aimed at expediting the resolution of cheque bounce cases, which include provisions for electronic delivery of summons, options for online payments, the compounding of cases at various stages with escalating penalties, and the possibility of plea bargaining.

Key amendments and changes

The amendments made in 2002 raised the maximum term of imprisonment to two years, while the 2015 amendment provided clarity on territorial jurisdiction, designating it to the location of the payee’s bank branch. A regulation from the RBI in 2025 prohibits banks from imposing penalties for technical errors such as mismatches in signatures.