New criminal laws to change the way justice is delivered

For instance, BNS says acts like vehicle theft, pickpocketing, selling public examination question papers, and other forms of organised crimes, to be considered as petty organised crimes, must cause a general feeling of insecurity among citizens and be committed by organised criminal groups or gangs, including mobile organised crime groups. However, the term "general feelings of insecurity" is not clearly defined. BNS does not define terms such as 'gang', 'anchor points', and 'mobile organised crime groups'.

BNSS allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90-day judicial custody. This provision may lead to the denial of bail for the entire period if police have not exhausted the 15 days of custody, the petition states and adds that provisions related to detention, police custody and use of handcuffs are bound to present issues.

Admissibility of electronic records as evidence under BSA is another issue as the provision lacks safeguards to prevent tampering and contamination of these records during the investigation, the petition states and adds that BSA also classifies electronic evidence as documents, which may not need certification.

The three new criminal laws - Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) - are all set to alter the very process of delivery of criminal justice in the country from July 1. Not only will they replace the colonial-era Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively, but will also bring in a slew of changes.

Among the changes are new forms of punishments such as community service; a wider definition of offences like organised crime and terrorism, which will be part of BNS; treason; crimes against women and children; appreciation of evidence, especially electronic evidence under BSA; and procedures under BNSS relating to custodial remand.

Sections under substantive law like the IPC, which only deals with the basic definition and ingredients of crimes and punishment, and procedural laws like the CrPC and the Evidence Act, which prescribe the process and procedures to be followed in the application of the substantive laws, have also changed under BNS, BNSS and BSA.

This poses a challenge not only to the law-enforcing agencies vis-a-vis correct application of charges in criminal cases but also to judicial officers and legal professionals - the last two named will have to toggle between the old and new laws for some years ahead considering the huge pendency of criminal cases in the lower courts and time they will take for total disposal.

A petition seeking a stay on the operation and implementation of the three new criminal laws and setting up of an expert committee to assess the viability of the new laws is pending before the Supreme Court. The plea has highlighted many issues ranging from inaccurate titles and ambiguous names of the new laws to discrepancies in the Acts.

For instance, BNS says acts like vehicle theft, pickpocketing, selling public examination question papers, and other forms of organised crimes, to be considered as petty organised crimes, must cause a general feeling of insecurity among citizens and be committed by organised criminal groups or gangs, including mobile organised crime groups. However, the term "general feelings of insecurity" is not clearly defined. BNS does not define terms such as 'gang', 'anchor points', and 'mobile organised crime groups'.