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The three new criminal laws were passed by Parliament in 2023.

  • Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which provides for punishment in hit and run cases, has been put on hold. 

Significance of new criminal laws

  • Reformative justice: Such as community service instead of imprisonment. 
  • Modernising the justice system: for ex Indian Penal Code (1860) is outdated and does not reflect current norms of criminal jurisprudence.
  • Seamless flow of information:Designed to improve coordination and collaboration between parties involved in investigation and judicial proceedings.
New ActReplacingMajor Points

Bharatiya Nyaya Sanhita  2023

Indian Penal Code,1860

  • Community services for petty offense such as including attempted suicide to obstruct public servants' duties.
  • Sexual acts against women under 18 are classified as rape, regardless of consent.
  • Terrorist act is defined as a separate  offence.

Bharatiya Nagarik Suraksha Sanhita 2023

Criminal Procedure Code, 1973 

  • Detention of undertrials: Accused detained for half the maximum sentence must be released on bond, except for death penalty or life imprisonment cases, or those with multiple pending charges.
  • Signatures and finger impressions: Magistrate of the first class can order an accused person, to give specimen signatures or finger impressions or handwriting or voice samples.

Bharatiya Sakshya Adhiniyam 2023

Indian Evidence Act, 1872

  • Electronic and digital records are granted equal legal status as paper documents.
  • Oral evidence comprises all statements, including electronic ones, permitted or required by the Court from witnesses regarding matters under inquiry.
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