Understanding Indian Criminal Law and Process – Basics

New Criminal Laws in India (2023 Onwards)

The Indian criminal justice system is undergoing a major transformation with the introduction of three new laws that replace colonial-era legislation:

• Bharatiya Nyaya Sanhita (BNS), 2023 – Replaces the Indian Penal Code (IPC), 1860.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Replaces the Code of Criminal Procedure (CrPC), 1973.
• Bharatiya Sakshya Adhiniyam (BSA), 2023 – Replaces the Indian Evidence Act, 1872.

These new laws aim to modernize India’s criminal justice system by incorporating digital evidence, faster trials, and stricter punishments for serious crimes.

What is Criminal Law?

Criminal law is a body of law that deals with acts considered harmful to society. It defines crimes, investigates offenses, prosecutes accused individuals, and determines punishments. With the implementation of BNS 2023, the definition of crimes and their penalties have been restructured to align with present-day realities.

Types of Crimes in India

Crimes in India are broadly categorized into:

1. Cognizable and Non-Cognizable Offenses

• Cognizable Offense: Serious crimes where police can register an FIR and arrest the accused without prior approval from the court (e.g., murder, rape, terrorism, organized crime).
• Non-Cognizable Offense: Minor offenses requiring prior court approval for investigation (e.g., defamation, public nuisance).

2. Bailable and Non-Bailable Offenses

• Bailable Offense: The accused has the legal right to seek bail (e.g., theft, causing hurt).
• Non-Bailable Offense: Bail is not guaranteed and is granted only at the court’s discretion (e.g., murder, rape, human trafficking).

3. Compoundable and Non-Compoundable Offenses

• Compoundable Offense: Cases where the complainant can agree to withdraw charges (e.g., assault, criminal intimidation).
• Non-Compoundable Offense: Serious crimes where charges cannot be withdrawn by mutual agreement (e.g., attempt to murder, dowry death).

Key Changes Under the Bharatiya Nyaya Sanhita (BNS) 2023

The BNS 2023 introduces several new provisions and reforms, including:

• Stronger punishments for crimes like mob lynching, terrorism, and organized crime.
• Sedition law replaced with provisions against “Acts Against the Nation.”
• New digital and cybercrime laws introduced to tackle modern challenges.
• Hit-and-run incidents penalized severely, with stricter fines and jail terms.

The Criminal Justice System in India

The criminal justice system involves several key players:

1. The Police

• Register complaints (FIRs).
• Investigate crimes and gather evidence.
• Arrest and produce the accused in court.
• Under BNSS 2023, police must digitally document case evidence for better transparency.

2. The Judiciary

• Comprises trial courts, High Courts, and the Supreme Court.
• Ensures fair trials and administers justice.
• Interprets laws and delivers judgments.
• BNSS 2023 mandates faster trials and better case management.

3. Public Prosecutor and Defense Lawyers

• Public Prosecutor: Represents the state and prosecutes the accused.
• Defense Lawyer: Represents the accused and ensures fair legal representation.

Legal Rights of an Accused Person

Every individual accused of a crime in India has fundamental rights, including:

• Right to be informed of charges (Article 22 of the Constitution).
• Right to legal representation (Section 303 CrPC, now BNSS 2023).
• Right to bail in bailable offenses (Section 436 CrPC, now BNSS 2023).
• Right to a fair trial (Article 21 of the Constitution).
• Right against self-incrimination (Article 20(3) of the Constitution).
• Right to speedy trial (Now emphasized under BNSS 2023).

Common Criminal Offenses in India (Updated Under BNS 2023)

Some of the most common crimes under the BNS 2023 include:

• Murder (Section 101 BNS): Punishable by death or life imprisonment.
• Theft (Section 304 BNS): Punishable with imprisonment or fine.
• Cheating (Section 317 BNS): Fraudulent acts punishable with up to ten years in prison.
• Rape (Section 63 BNS): Punishable with rigorous imprisonment.
• Defamation (Section 354 BNS): False statements harming a person’s reputation.
• Terrorism and Organized Crime: Now includes detailed provisions for stricter punishments.

How to File an FIR in India?

Filing a First Information Report (FIR) is the first step in initiating criminal proceedings. Steps include:

1. Visit the nearest police station.
2. Provide details of the crime.
3. Ensure the police record the FIR in writing.
4. Obtain a copy of the FIR for reference.
5. Under BNSS 2023, FIRs can now be filed online in certain cases.

Conclusion

Understanding criminal law in India helps individuals be aware of their rights and responsibilities. With the introduction of BNS 2023, BNSS 2023, and BSA 2023, the Indian legal system is evolving to address new-age crimes while ensuring faster justice and better protection for citizens.

If you ever face a legal issue, consulting a qualified lawyer is advisable to navigate the complexities of criminal law in India. At KapilDixitLLP, we have a strong team of experienced lawyers who can help you navigate through the complexities of criminal proceedings and ensure your rights are protected during the process. 

By staying informed, you can contribute to a safer and more just society.