Menu
India | Japan | Italy | Spain | France | German | Vietnam | UAE
Dear Reader,
The Legal Department at UJA is delighted to impart certain legal knowledge as construed under Legal Chronicle to keep the readers aware of the recent updates and developments that revolve around various aspects of the law. Our ultimate goal is to enable our readers to develop a sense of familiarity with the complexities of Indian as well as international law.
With our proven expertise and knowledge, the Chronicle shall uncover the intricacies of various branches of law like international law, Labour law, intellectual property, alternative dispute resolution, business law, and corporate law.
In this edition of Legal Chronicle, we have analyzed India’s New Criminal Laws that were made effective on July 1, 2024.
We hope that this edition creates a sense of enthusiasm for our readers and successfully delivers the plethora of legal knowledge as intended. In case you have any feedback or need us to include any information to make this issue more informative, please feel free to write to us at legal@uja.in
India has undertaken significant reforms in its criminal justice system over the past few years, reflecting a commitment to modernize and address emerging challenges. These new criminal laws aim to enhance the efficacy of the justice system, ensure fair and timely justice, and address contemporary issues such as cybercrime, sexual offenses, and organized crime. Here’s an overview of recent developments in criminal laws in India:
Three new criminal laws, Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), Bharatiya Nyaya Sanhita, 2023 (‘BNS’), and Bharatiya Sakshya Adhiniyam, 2023 (‘BSA’), have come into force from 1st July 2024. These bills repeal the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.
S. No. | Before | Now |
Act | Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita |
Sections | 484 | 531 |
Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
Sections | 511 | 358 |
Act | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam |
Sections | 167 | 170 |
Traditionally, in the Indian Evidence Act (IEA), primary evidence refers to original documents, while secondary evidence consists of records used to prove the content of these original documents presented before the court. This distinction acknowledges the transition from traditional paper-based records to modern electronic communications and data storage. THE Bharatiya Sakshya Adhiniyam has inculcated provisions wherein these electronic records can be treated and be admissible as primary evidence which shall require a ‘certificate of authentication’ as outlined in the Schedule to the BSA (Bharatiya Sakshya Adhiniyam).
A joint trial involves prosecuting multiple individuals for the same offense. According to the Indian Evidence Act (IEA), if one of the accused makes a confession that implicates the others, this confession can be considered evidence against all involved.
The Bharatiya Sakshya Adhiniyam (BSA) further clarifies this provision. It specifies that in cases where some accused persons are absconding or fail to respond to arrest warrants, the trial of the remaining accused will still be conducted as a joint trial.
In the context of legal procedures, the concepts of secondary evidence are defined and expounded upon in both parts. Any evidence that is not the original document or item but can nonetheless yield reliable details about the original is considered secondary evidence. Other categories not specifically listed in sec. 63 of the IEA are included in the BSA. These include written admissions, oral admissions, and testimony from experts in analyzing complicated documents (such as financial records).
This broadening of the definition of secondary evidence under the BSA could allow for the use of a wider range of evidence in court proceedings. It offers a more thorough list of what constitutes secondary evidence, along with the circumstances in which particular kinds of evidence are acceptable.
Updated Presumptions: Some amendments have updated the presumptions related to documents and facts, reflecting modern legal and technological contexts.
The new legislation marks a decisive shift towards a victim-centric approach in the justice system, fundamentally changing how justice is administered. A major step towards bringing India’s legal system up to date with modern technological advancements is the implementation of the Bharatiya Sakshya Adhiniyam, which places a substantial emphasis on electronic records and how they are treated.
“This document is intended to provide general information and is not intended to be substituted for any legal or professional advice. This document is meant exclusively for informational purposes and not for advertising or solicitation. UJA has made significant efforts to ensure that the information contained in this document is accurate and reliable. However, the information here in is provided “as is” without warranty of any kind. UJA hereby disclaims all responsibility and liability, whether stated or implied, for the accuracy, validity, adequacy, reliability, or completeness of any information provided under this document. In no event shall UJA be held liable for any losses or damages whatsoever incurred as a result of using this document.”
