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Ankita Anil PatilAIR 140· 2025

Question 12GS2GS2

Bring out the rationale behind the introduction and implementation of the three new criminal laws. Highlighting key features of the laws, state the associated concerns.

Open scan (p.25)

Introduction

The Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, Bharatiya Saksya Adhiniryam are the three new laws introduced in the criminal law system.

22 words

Main Body

The Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, Bharatiya Saksya Adhiniryam are the three new laws introduced in the criminal law system.

Old System:

1Indian Penal Code
2Criminal Procedure Code
3Indian Evidence Act

New Criminal Laws:

1Bharatiya Nyaya Sanhita
2Bharatiya Nagrik Suraksha Sanhita
3Bharatiya Saksya Adhiniryam

Fig: Transformation of criminal justice system

Rationale behind 3 new laws:

1Reorientation of criminal justice system reflecting needs of the Indian polity today.
2Elimination of the colonial impact in

the criminal justice system:

3Restructuring of punishment mechanism to avo eliminate ambiguity
5Protection of right to equality (Article 19) and effective justice delivery through codification of penalisation for offences.

Key features of the laws:

1Introduced codification of punishments for certain offences.

(Eg) Section as a crime has been redefined

1Introduced definition of serious crimes

(Eg) Definition of terrorism, serious organised crimes, etc

3Introduction of an aspect of attituding change in punishment, so total benefit.

(Eg) Community service introduced for petty crimes.

4Community service introduced for petty crimes.
5Digitization of evidence process and investigation as well.
5Compulsion on recording of victim statements post crimes like rape.

(C) Provision for gender-neutral crimes and penalisation. Addition of transgendeius in categories of genders

Concerns associated with laws:

1Overlap with previous criminal justice laws leads to replication of laws.
2Prominence of eo codification in Hindi creates interpretation challenges.
3Time limit on police chargesheet filing (90day) impacts the rights of accused. (Article 21)
4Penalisation of sexual relations in personal space creates challenges for consensual relations.
5Gender-specific laws for rape impedes on right to equality before law. (Article 19.

Reforms in line with Prakash Singh [case also need to be inculcated for police reforms to uphold the supremacy of the Bharatiya Nyaya Shastra.

302 words8 paragraphs

Conclusion

Digitization of evidence process and investigation as well. Reforms in line with Prakash Singh case also need to be inculcated for police reforms to uphold the supremacy of the Bharatiya Nyaya Shastra.

32 words

Diagram

Transformation of criminal justice system showing Old System (Indian Penal Code, Criminal Procedure Code, Indian Evidence Act) transforming to New Criminal Laws (Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, Bharatiya Saksya Adhiniryam)

Topper

Ankita Anil Patil

AIR 1402025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Significant Provisions

Three New Criminal Laws - Bharat Act 2023

Writing Stats

356

Total words

8

Paragraphs

formal

Tone