CEL Notes Module 1
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and
Bharatiya Sakshya Adhiniyam (BSA) (2023): replaced the IPC, CrPC, and Indian Evidence
Act, these draft bills focus on modernizing India’s criminal law to address contemporary issues,
such as cybercrimes, and to simplify procedures for greater efficiency and fairness.
1) BNS, 2023 Features:
▪ The Bharatiya Nyaya Sanhita (BNS) retains most offences from the IPC. It adds community service as a form of
punishment.
▪ Sedition is no longer an offence. Instead, there is a new offence for acts endangering the sovereignty, unity and integrity
of India.
▪ The BNS adds terrorism as an offence. It is defined as an act that intends to threaten the unity, integrity, and security of
the country, intimidate the general public or disturb public order.
▪ Organised crime has been added as an offence. It includes crimes such as kidnapping, extortion and cyber-crime
committed on behalf of a crime syndicate. Petty organized crime is also an offence now.
▪ Murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal
belief will be an offence with penalty of seven years to life imprisonment or death.
Feature Details in BNS 2023
BNS Full Bharatiya Nyaya Sanhita, 2023 (Indian Justice Code)
Form
Year 2023
Passed
Status Replaces the IPC, 1860 (Pending enforcement date).
Total 358 Sections (Reduced from 511 in IPC)
Sections
Total 20 Chapters (Reduced from 23 in IPC)
Chapters
Sedition Removed (IPC Section 124A). Replaced by a new offense (Section 152)
penalizing acts endangering sovereignty and unity.
New Organized Crime, Petty Organized Crime, and Mob Lynching are
Offenses explicitly defined.
Mob Defined as murder by five or more individuals based on caste, race, etc.
Lynching Punishment includes life imprisonment or death.
New Community Service is added as the sixth form of punishment.
Punishme
nt
Adultery Decriminalized (Removed entirely from the Code).
Victim Requires police to inform the victim of case status within 60 -90 days.
Focus
Technolog Mandates the use of digital evidence, electronic records, and video
y Use conferencing in trials.
What is the Need for Replacing IPC with BNS?
The IPC, established in 1860, served India for over 160 years, but it was essentially
a colonial legacy—a set of laws designed by the British to rule the populace. Over
time, the IPC struggled to keep pace with a modern, independent democracy.
The BNS 2023 was needed to solve these core problems:
o Outdated Laws: The IPC did not have specific laws for new-age crimes. A
new law was needed to explicitly deal with issues like organized crime,
terrorism, and cybercrime, which barely existed in 1860.
o Colonial Mindset: Core provisions, like Sedition (Section 124A), were
created to suppress dissent. The BNS aimed to remove this "master-servant"
philosophy and align the law with the fundamental rights guaranteed by the
Indian Constitution.
o Too Slow: The old system led to huge procedural delays and a massive
backlog in courts. The BNS introduces provisions in related laws (like the
Bharatiya Nagarik Suraksha Sanhita - BNSS) to speed up investigations,
evidence collection, and trials using technology.
o Victim-First Approach: The old law mainly focused on punishing the
criminal. The BNS tries to shift the focus to the victim's welfare and
rehabilitation, giving them a voice and ensuring justice is delivered quickly.
What are the Salient Features of BNS 2023?
The BNS 2023 introduces updated legal provisions to address contemporary crimes such as
cybercrime and organized crime, reflecting modern societal challenges. It also enhances
penalties for serious offenses and emphasizes human rights protections, such as penalties against
public servant torture.
Offenses Against the Body
The BNS retains existing provisions from the IPC that criminalize acts such as murder, abetment
of suicide, assault, and causing grievous hurt. It introduces new offenses related to organized
crime, terrorism, and group-led murders or grievous hurt based on specific grounds.
Sexual Offenses Against Women
The BNS upholds IPC provisions against rape, voyeurism, stalking, and acts insulting the
modesty of women. It raises the age threshold for victims to be classified as minors in gangrape
cases from 16 to 18 years. It also addresses deceitful sexual intercourse, introducing penalties for
intercourse obtained through false promises.
Sedition
A notable change is the removal of the offense of sedition. The BNS penalizes actions aimed at
exciting secession, armed rebellion, subversive activities, encouraging separatist sentiments, and
endangering India's sovereignty or unity. These actions can involve verbal or written
communication, electronic means, or financial transactions.
Terrorism
The BNS comprehensively defines terrorism, encompassing acts intended to threaten national
unity, intimidate the public, or disturb public order. Severe penalties are prescribed. This
includes death or life imprisonment with hefty fines if the terrorist act results in death.
Organized Crime
The BNS provides detailed provisions for organized crime. It covers activities such as
kidnapping, extortion, contract killings, land grabbing, financial scams, and cybercrime
conducted by crime syndicates. Punishments include death or life imprisonment and substantial
fines if these crimes lead to a person's death.
Mob Lynching
Addition of offenses related to mob lynching, defining it as murder or grievous hurt by five or
more individuals based on race, caste, sex, language, or personal belief. Punishments for such
acts range from a minimum of seven years' imprisonment to life imprisonment or death.
Supreme Court Rulings
The BNS aligns with various Supreme Court rulings. This includes the decriminalization of
adultery and the inclusion of life imprisonment—as an alternative to the death penalty—for
severe crimes committed by life convicts.
Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is one of India’s three new criminal laws
that replaced the old colonial-era legislation. BNSS substitutes the Code of Criminal Procedure
(CrPC), 1973 and aims to modernize India’s criminal justice system by introducing technology-
driven processes, faster investigation, victim-centric mechanisms, and time-bound justice.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Objectives
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 aims to modernize India’s criminal
justice system by making investigations faster, transparent, and technology-driven.
To finish investigations and trials faster with fixed timelines.
To allow online processes like e-FIR and digital records.
To make forensic tests compulsory in serious crimes.
To give more rights and support to victims.
To ensure police follow rules properly with video recordings and documentation.
To reduce court delays and case backlog.
To make the justice system more transparent, modern, and fair.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Salient Provisions
The BNSS, 2023 introduces major changes in criminal procedures to make investigations faster,
transparent, and technology-based. It focuses on digital evidence, time-bound processes, police
accountability, and stronger support for victims.
● E-FIR Facility: Citizens can file FIRs online for many cognizable offences.
● Zero FIR: FIR can be registered at any police station, regardless of jurisdiction.
● Mandatory Audio-Visual Recording: Search, seizure, arrest, and witness statements must
be recorded on camera.
● Time-Bound Investigation: Police must complete investigations within 180 days, with
limited extensions.
● Time-Bound Judgments: Courts should deliver judgments within 30 days after the
conclusion of arguments.
● Mandatory Forensic Examination: For crimes with a punishment of 7 years or more,
forensic tests are compulsory.
● Community Service: Introduced as a new form of punishment for minor offences.
● Digital Case Records: Chargesheets, evidence, and case files can be stored and shared
electronically.
● Trials in Absentia: Courts can conduct trials even when a proclaimed offender is not
present.
● Extended Police Custody: Police custody can be taken in parts up to 60 days for serious
crimes.
● Victim Rights Strengthened: Victims will receive regular updates on case progress and
support services.
● Witness Protection: Encourages video recording and better measures to prevent witness
intimidation.
● Use of Technology in Courts: Virtual hearings, online summons, and digital signatures
are encouraged.
Bharatiya Sakshya Adiniyam (BSA 2023) Features
Key Features of the Bharatiya Sakshya Adhiniyam 2023
The Bharatiya Sakshya Adhiniyam 2023, includes the explicit admissibility of digital and
electronic evidence. It ensures they are treated appropriately in court proceedings. It also
introduces clearer definitions and streamlined legal processes to expedite judicial efficiency and
safeguard witness protection.
Admissible Evidence
Similar to the IEA, the BSA stipulates that only admissible evidence is allowed in legal
proceedings. Admissible evidence is classified as either ‘facts in issue’ or ‘relevant facts’. Facts
in issue refer to any fact that can determine the existence, nature, or extent of any right, liability,
or disability contested in legal proceedings. Relevant facts are those that are materially related to
the case. The types of evidence include documentary evidence and oral evidence.
Proved Fact
A fact is considered proved when, based on the evidence presented, the Court believes it either
(i) exists, or (ii) its existence is so probable that a rational person would act on the assumption
that it does exist in the context of the case.
Police Confessions
Confessions made to a police officer are considered inadmissible, as are confessions made while
in police custody unless recorded by a Magistrate. An exception exists if a piece of information,
received from the accused in custody, leads to the discovery of a new fact distinctly related to the
information received, which can be admitted as evidence.
Documentary Evidence
Under the IEA, a document encompasses writings, maps, and drawings. The BSA expands this
definition to include electronic records as documents. Documentary evidence comprises primary
and secondary evidence. Primary evidence includes the original document and its subsidiary
parts, such as electronic records and video recordings. Secondary evidence includes documents
and oral accounts that can prove the content of the original. The BSA retains these classifications
while expanding the scope to cover digital records.
Oral Evidence
The IEA defines oral evidence as statements made before the courts by witnesses regarding facts
under inquiry. The BSA modernizes this provision by allowing oral evidence to be given
electronically. This permits witnesses, accused persons, and victims to testify via electronic
means, thereby enhancing accessibility and efficiency.
Electronic or Digital Records as Evidence
Documentary evidence now includes electronic records that have been stored in optical or
magnetic media produced by a computer. These records, whether stored or processed by a
combination of computers or different computers, are now recognized with the same legal
validity as paper records. The BSA further expands this to include information stored in
semiconductor memory and other communication devices such as smartphones and laptops. This
encompasses a wide array of electronic records, including emails, server logs, locational
evidence, and voicemails.
Secondary Evidence
The BSA broadens the scope of secondary evidence to include (i) oral and written admissions,
and (ii) the testimony of a person who has examined the document and possesses the expertise in
document examination. Secondary evidence may be required under various conditions, such as
when the original is in the possession of the person against whom the document is sought to be
proved or when the original has been destroyed. The BSA adds that secondary evidence may also
be required if the authenticity of the document is questioned.
Joint Trials
A joint trial refers to the trial of many persons for the same offense. The IEA stipulates that in a
joint trial, if a confession made by one of the accused persons affects the others, it will be treated
as a confession against all concerned. The BSA adds clarity to this provision by stating that if an
accused person has absconded or has not responded to an arrest warrant, the trial will still be
considered a joint trial.