Indian Evidence & Penal Acts — Study Notes

Overview

From 1 July 2024, India replaced three colonial-era criminal laws with modernised Acts reflecting contemporary needs and indigenous terminology. The Indian Penal Code (IPC, 1860) became the **Bharatiya Nyaya Sanhita (BNS, 2023)**, the Code of Criminal Procedure (CrPC, 1973) became the **Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023)**, and the Indian Evidence Act (IEA, 1872) became the **Bharatiya Sakshya Adhiniyam (BSA, 2023)**.

For the UP Police Constable exam, you need basic awareness of what these Acts govern, key differences from the old laws, and the rationale behind the change. Questions typically test whether you know the new names, which old Act each replaces, effective date, and a few landmark provisions introduced or modified. This topic intersects with Indian Polity and Current Affairs, so recent legislative reforms must be fresh in your mind.

Understanding these Acts is essential not just for GK scoring but also for future law-enforcement duties. The transition marks a shift from colonial criminal justice to a citizen-centric, technology-enabled system emphasising timely justice and victim protection.

Key Concepts

• **Three new criminal laws replaced three old ones on 1 July 2024**: BNS replaced IPC; BNSS replaced CrPC; BSA replaced IEA. All three were enacted by Parliament in December 2023 and notified for implementation mid-2024.
• **Bharatiya Nyaya Sanhita (BNS)** defines offences and prescribes punishments. It retains most IPC provisions but reorganises sections, removes outdated laws (e.g. sedition under Section 124A), and introduces stricter penalties for crimes against women and children.
• **Bharatiya Nagarik Suraksha Sanhita (BNSS)** lays down procedural law — how police investigate, how courts conduct trials, bail provisions, appeals, etc. It mandates timelines (e.g. chargesheet within 90 days for most cases), e-FIRs, and videography of crime scenes and statements.
• **Bharatiya Sakshya Adhiniyam (BSA)** governs rules of evidence — what can be admitted in court, how witnesses testify, burden of proof, and electronic evidence. It recognises digital records and electronic signatures as primary evidence, reflecting the digital age.
• **Objectives of reform**: Remove colonial vestiges, simplify legal language, speed up justice delivery, integrate technology (e-FIR, virtual hearings, digital evidence), enhance victim and witness protection, and align with constitutional values and international human rights norms.
• **Language and numbering**: New Acts use simpler Hindi-English bilingual drafting and renumber sections. For example, IPC Section 302 (murder) is now BNS Section 103; CrPC Section 154 (FIR) corresponds roughly to BNSS provisions on information to police.
• **Focus on women's safety and organised crime**: BNS introduces specific offences like mob lynching, increases punishment for rape of minors, criminalises gang rape more stringently, and addresses sexual offences comprehensively. BNSS mandates forensic evidence collection and faster trials in heinous crimes.
• **Technological integration**: BNSS allows use of electronic modes for summons, warrants, and communication. BSA explicitly treats electronic records as documents, making emails, SMS, CCTV footage, and digital photos admissible evidence without cumbersome procedural hurdles.

Formulas / Key Facts

1. **Effective Date**: 1 July 2024 — all three Acts came into force simultaneously across India. 2. **BNS replaces IPC (1860)**: Defines crimes and punishments; 358 sections vs IPC's 511 sections (many obsolete sections removed). 3. **BNSS replaces CrPC (1973)**: Criminal procedure code; approximately 531 sections vs CrPC's 484 sections (added timelines and digital procedures). 4. **BSA replaces IEA (1872)**: Evidence rules; 170 sections vs IEA's 167 sections (minimal structural change, major digital evidence recognition). 5. **Sedition law (IPC Section 124A)** removed; replaced by offence of acts endangering sovereignty, unity and integrity of India (BNS Section 152) with narrower, more defined scope. 6. **Mandatory forensic investigation**: BNSS mandates forensic evidence collection for offences punishable with seven years or more imprisonment. 7. **Zero FIR and e-FIR**: BNSS formalises Zero FIR (FIR registered at any police station regardless of jurisdiction) and e-FIR filing through online portals. 8. **Witness protection**: BNSS includes provisions for witness identity protection and relocation in sensitive cases. 9. **Chargesheet timelines**: BNSS mandates filing chargesheet within 90 days; earlier CrPC allowed 60–90 days but not strictly enforced. 10. **Community service as punishment**: BNS introduces community service as a punishment option for petty offences, reducing burden on jails.

Worked Examples

**Example 1**: *A candidate is asked: "Which Act replaced the Indian Penal Code in 2024?"* **Solution**: The Indian Penal Code (IPC, 1860) was replaced by the **Bharatiya Nyaya Sanhita (BNS, 2023)**, effective from 1 July 2024. BNS reorganises and updates substantive criminal law, removes obsolete sections, and introduces new offences relevant to modern society.

**Example 2**: *"What is the significance of the Bharatiya Sakshya Adhiniyam (BSA)?"* **Solution**: BSA replaced the Indian Evidence Act, 1872, and modernises evidence law. Its key significance is the explicit recognition of **electronic and digital records as primary evidence**, enabling CCTV footage, emails, WhatsApp chats, and digital documents to be directly admissible in court without requiring paper printouts certified by complicated procedures. This aligns Indian law with the digital age and speeds up trials involving cybercrimes and electronic transactions.

**Example 3**: *"Under the new criminal laws, what is the provision for mob lynching?"* **Solution**: The **BNS introduces a specific offence for mob lynching** under Section 103 (murder) combined with provisions for organised crime. Previously, IPC did not have a separate section for mob lynching; it was prosecuted under murder, rioting, and unlawful assembly. BNS makes intent and group violence explicit, providing for stringent punishment including life imprisonment or death penalty, ensuring accountability for collective crimes driven by communal or caste hatred.

Common Mistakes

1. **Confusing which Act replaces which**: Students often mix up BNS with BNSS or forget BSA. Remember the mnemonic **"BNS = crimes (Nyaya = justice on offences), BNSS = procedure (Suraksha = safety/procedure), BSA = evidence (Sakshya = witness/evidence)"**. 2. **Stating wrong effective date**: Some assume the Acts came into force in 2023 when passed. Wrong. They were enacted in December 2023 but **implemented on 1 July 2024**. Always use the implementation date in exam answers. 3. **Overestimating changes in content**: While the Acts modernise language and structure, most substantive provisions remain similar to IPC/CrPC/IEA. Don't claim everything is new; focus on **key innovations** like digital evidence, timelines, mob lynching, and witness protection. 4. **Ignoring the digital/technology aspect**: A major thrust of all three Acts is technology integration. Forgetting to mention e-FIR, electronic evidence, videography, and virtual hearings misses the core rationale of reform. 5. **Using old section numbers**: In descriptive answers, avoid citing IPC Section 302 or CrPC Section 154 after July 2024. Use the new Act names (BNS, BNSS, BSA) generically or mention "the relevant section under BNS" to show awareness of the transition.

Quick Reference

• **1 July 2024**: BNS, BNSS, BSA replaced IPC, CrPC, IEA respectively.
• **BNS**: Defines offences; removed sedition (124A); added mob lynching; 358 sections.
• **BNSS**: Criminal procedure; mandates 90-day chargesheet, forensic evidence, e-FIR, Zero FIR; 531 sections.
• **BSA**: Evidence rules; recognises electronic records as primary evidence; 170 sections.
• **Key reforms**: Technology integration, faster justice, victim protection, witness security, community service punishment.
• **Remember the trio**: Nyaya (offences), Suraksha (procedure), Sakshya (evidence) — BNS, BNSS, BSA.