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The Bharat Naya Sabha (BNSS) Act, a criminal law bill, is going to replace the 358-section Indian Penal Code (IPC). A total of 175 parts have been heavily revised, with 8 new sections added and 22 sections repealed. The main goals of the BNS Act are the preservation of the IPC, the introduction of new crimes, the abolition of offenses that have been rejected by courts, and the enhancement of punishments for certain offenses.
Some notable changes include new penalties for deceitful sexual relations, new criminal penalties for organized crime and terrorism, new penalties for spreading false information, new grounds for murder, new criminal penalties for snatching, and a provision for the death penalty for crimes committed against girls under the age of 18.
A new section, 23 modifications, and 5 deletions will make up the Bharat Sakshya Act (BSA), which would supersede the Indian Evidence Act, 1872. In light of recent developments in technology and shifting social norms, the Act seeks to codify broad standards of evidence necessary for a fair trial.
The most important changes are those that recognize electronic records as main evidence, enable oral evidence to be presented electronically, broaden the idea of a joint trial, and increase the number of secondary documents that may be used. Police stations are mandated to record First Information Reports (FIRs) regardless of jurisdiction under the Zero FIR concept, which is introduced in the BNSS Act.
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The BNSS Act specifies due dates for a number of criminal proceedings, including rape examinations, the rendering of verdicts within thirty days following the conclusion of arguments, the notification of the victim of the investigation's progress within ninety days, the filing of plea bargaining applications within thirty days following the date of charge framing, and the framing of charges within sixty days following the first hearing.
In addition to allowing handcuffs during arrest, changing police custody procedures, removing the provision that allowed cities with over a million people to have Metropolitan Magistrates, and allowing successor officers to testify in the event that the original officer is unavailable (e.g., due to death, transfer, or retirement), the BNSS Act also allows handcuffs. Attachment of property powers is also extended to immovable assets under the Act.
Finally, the Indian criminal justice system has seen a great deal of change thanks to the Bharat Sakshya Act and the Bharat Naya Sabha Act. Establishing a fair justice process, protecting individuals' rights, and adapting to technological changes are the goals of this legislation.
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