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Summary of Bhartiya Nagarik Suraksha Sanhita (BNSS) and Juvenile Justice Act|| LLB-3YRS|| SEM 5

Bhartiya Nagarik Suraksha Sanhita (BNSS)

1. Objectives:

 Replace IPC, CrPC, and Evidence Act with modern, e icient frameworks.
 Focus on technological integration, victim rights, and timely justice.

2. Modern Provisions:

 E-FIRs for seamless reporting.


 Special Courts for organized crime, cyber o enses, and terrorism.
 Time-bound investigation and trial processes.

3. Victim-Centric Approach:

 Compensation mechanisms.
 Introduction of Victim Impact Statements.
 Emphasis on psychological and financial rehabilitation.

4. Key Definitions:

 Cognizable and non-cognizable o enses.


 Bailable vs. non-bailable o enses.
 Role of police and magistrates.

5. Judicial Reforms:

 Structural hierarchy: Supreme Court, High Courts, Special Courts, District Courts.
 Enhanced judicial accountability.

6. Technological Integration:

 Digital evidence admissibility.


 Forensic tools for investigation.

Juvenile Justice Act

1. Scope and Objectives:

 Focus on care, protection, and rehabilitation of juveniles.


 Address crimes by minors with a reformative approach.

2. Classification:

 Children in Conflict with Law (CCL): O enders below 18 years.


 Children in Need of Care and Protection (CNCP): Neglected or abused children.

3. Juvenile Justice Board (JJB):

 Handles cases involving juveniles.


 Ensures no harsh punishments and prioritizes rehabilitation.
4. Key Provisions:

 Age assessment for juveniles.


 Focus on reformation rather than punishment.
 Foster care and adoption as alternative rehabilitation methods.

5. Serious O enses by Juveniles:

 Age 16-18: Tried as adults for heinous crimes under specific conditions.
 Ensures psychological evaluation before deciding the trial method.

6. Child Welfare Committees (CWCs):

 Ensure welfare for CNCPs.


 Address child tra icking, neglect, and abuse cases.

20 Two-Sentence Questions and Answers

1. Q: What is the main objective of the Bharatiya Nagarik Suraksha Sanhita (BNSS)?
A: BNSS aims to replace the IPC, CrPC, and Evidence Act with modern legal frameworks. It focuses on
timely justice, technological integration, and victim-centric reforms.
2. Q: What is an e-FIR under BNSS?
A: An e-FIR allows individuals to file complaints online without visiting a police station. This simplifies the
process and ensures quicker response times.
3. Q: What are cognizable o enses?
A: Cognizable o enses are crimes where police can arrest without a warrant. Examples include murder,
rape, and theft.
4. Q: What are non-cognizable o enses?
A: Non-cognizable o enses require magistrate approval for investigation. Examples include defamation
and public nuisance.
5. Q: What reforms does BNSS introduce for victims?
A: BNSS emphasizes compensation, rehabilitation, and victim impact statements. It ensures victims'
voices are considered in judicial processes.
6. Q: What role do Special Courts play under BNSS?
A: Special Courts handle specific crimes like cyber o enses, terrorism, and organized crime. They ensure
expedited trials with expert focus.
7. Q: What is the significance of digital evidence under BNSS?
A: BNSS accepts digital records like emails, videos, and forensic data as evidence. This ensures reliable
and modern investigative procedures.
8. Q: What is plea bargaining under BNSS?
A: Plea bargaining allows accused individuals to plead guilty for reduced punishment. It helps reduce court
workload and resolve cases faster.
9. Q: How does BNSS handle time-bound investigations?
A: BNSS mandates investigations to be completed within specific timelines, like 60 days for minor o enses.
This reduces delays in justice delivery.
10. Q: What is the Juvenile Justice Act's primary objective?
A: The Act focuses on care, protection, and rehabilitation of juveniles. It aims to reform rather than punish
young o enders.
11. Q: What are Children in Conflict with Law (CCL)?
A: CCL refers to juveniles under 18 who have committed o enses. They are handled by the Juvenile Justice
Board with a reformative approach.
12. Q: What are Children in Need of Care and Protection (CNCP)?
A: CNCP refers to neglected or abused children requiring welfare measures. Their cases are overseen by
Child Welfare Committees.
13. Q: What is the role of the Juvenile Justice Board (JJB)?
A: JJB handles cases of juveniles in conflict with the law. It ensures rehabilitation through counseling and
skill development.
14. Q: How does the Juvenile Justice Act address serious crimes by juveniles?
A: Juveniles aged 16-18 may be tried as adults for heinous crimes. A psychological assessment determines
whether they are fit for adult trials.
15. Q: What is the purpose of Child Welfare Committees (CWCs)?
A: CWCs ensure the welfare and rehabilitation of children in need. They address issues like tra icking,
abuse, and neglect.
16. Q: What provisions are there for adoption in the Juvenile Justice Act?
A: The Act encourages adoption as an alternative rehabilitation method. It ensures permanent family care
for abandoned or orphaned children.
17. Q: What is the significance of psychological evaluation for juveniles?
A: It helps assess a juvenile’s maturity and understanding of the crime. This determines the appropriate trial
method and rehabilitation measures.
18. Q: How does BNSS ensure judicial accountability?
A: BNSS introduces strict timelines for investigations and trials. It reduces procedural delays and improves
e iciency.
19. Q: What is the role of forensic tools in BNSS?
A: Forensic tools are used to collect and analyze evidence scientifically. They enhance the accuracy and
reliability of investigations.
20. Q: How does the Juvenile Justice Act emphasize rehabilitation?
A: The Act prioritizes counseling, skill-building, and education for juveniles. It aims to reintegrate them into
society as responsible individuals.

Short Notes (6-8 Sentences Each)

1. Objectives of BNSS: The BNSS replaces colonial-era laws such as IPC, CrPC, and Evidence Act with modern
frameworks to address contemporary challenges. It introduces provisions to tackle cybercrime, organized crime, and
terrorism. BNSS simplifies legal procedures, ensuring quick justice delivery and enhancing efficiency. It emphasizes
victim rights through compensation and rehabilitation. The framework aims to create a victim-centric justice system.
Furthermore, it incorporates technological advancements like e-FIRs and digital evidence to streamline justice
delivery.

2. Role of Special Courts in BNSS: Special Courts under BNSS are designed to handle complex cases, including
cybercrime, terrorism, and organized crime. These courts expedite trial processes with domain-specific expertise and
reduce the burden on regular courts. By focusing on specialized areas, they ensure more accurate and efficient
decision-making. The presence of Special Courts minimizes delays in cases requiring technical and forensic evidence.
These courts also emphasize the importance of faster verdicts in high-priority crimes, ensuring justice delivery is
timely and effective.

3. Victim-Centric Reforms in BNSS: BNSS emphasizes the importance of victims' rights, focusing on their
compensation and psychological rehabilitation. Victim Impact Statements allow victims to voice their experiences
during sentencing. The reforms aim to restore victims' dignity and ensure their role in the judicial process. BNSS also
includes mechanisms for financial compensation and trauma support. These provisions make justice more inclusive
and sensitive to victims' needs. The overall aim is to shift the focus of the justice system from offenders alone to
balancing victims’ concerns.

4. Juvenile Justice Board (JJB): The Juvenile Justice Board (JJB) handles cases involving juveniles in conflict with
the law. It ensures that juveniles are treated differently from adults and focuses on reformative measures. JJB
emphasizes counseling, education, and skill-building programs to rehabilitate offenders. It prioritizes age assessments
and psychological evaluations to understand the child's mental state. The primary objective is to provide juveniles
with a second chance while maintaining societal safety. JJB ensures rehabilitation over punishment in most cases.

5. Key Provisions of the Juvenile Justice Act: The Juvenile Justice Act focuses on rehabilitation, particularly through foster care
and adoption for Children in Need of Care and Protection (CNCP). It classifies offenders based on age, ensuring fairness in handling younger
children and older juveniles. For heinous crimes, offenders aged 16-18 may be tried as adults following a psychological evaluation. The Act
promotes alternative measures such as foster homes and adoption to create a secure environment for vulnerable children. It also aims to balance
justice and child welfare effectively.
6. E-FIRs and Digital Evidence in BNSS: E-FIRs simplify the process of reporting crimes by allowing victims to
file complaints online. This accessibility is particularly beneficial for remote areas. BNSS recognizes digital evidence
such as emails, videos, and forensic reports as valid and admissible. These measures enhance the reliability and
efficiency of criminal investigations. Digital tools expedite case resolutions by ensuring evidence collection is
accurate and comprehensive. This integration of technology makes the justice system more accessible and responsive.

7. Serious Crimes by Juveniles: The Juvenile Justice Act provides for juveniles aged 16-18 to be tried as adults for
heinous crimes under specific conditions. A psychological evaluation is conducted to determine their mental maturity
and understanding of the offense. This ensures that only deserving cases are handled in adult courts. The Act balances
the need for societal safety and the possibility of reform for young offenders. For less severe crimes, juveniles are
provided with counseling and rehabilitation opportunities. This dual approach protects children’s welfare while
addressing public safety concerns.

8. Role of CWCs in the Juvenile Justice Act: Child Welfare Committees (CWCs) ensure the care, protection, and
rehabilitation of neglected or abused children. CWCs handle cases involving child trafficking, exploitation, and
neglect. They work closely with foster homes and adoption agencies to provide vulnerable children with a safe
environment. CWCs also conduct regular assessments to monitor the progress of children under their care. These
committees play a vital role in ensuring that Children in Need of Care and Protection (CNCP) are provided with
holistic support and opportunities.

9. Amendments in BNSS for Judicial Efficiency: BNSS introduces amendments aimed at reducing delays in the
justice system. Investigation timelines for minor crimes have been shortened to 60 days, and charge sheets must be
filed promptly. These changes reduce procedural inefficiencies and ensure quicker trials. Digitization of case records
and evidence further streamlines judicial processes. These amendments improve judicial accountability and provide a
framework for timely resolution of cases. The ultimate goal is to enhance the overall efficiency of the justice system.

10. Rehabilitation Measures for Juveniles: The Juvenile Justice Act emphasizes rehabilitation over punishment for
children in conflict with the law. It provides counseling, education, and skill-building opportunities to help reintegrate
juveniles into society. Foster care and adoption are promoted as alternatives for neglected children. Rehabilitation
efforts aim to address the root causes of delinquency and offer a path for juveniles to reform. The Act seeks to create a
balance between child welfare and public safety by encouraging positive behavioral changes in young offenders.

Situational Problems (6 Marks Each)

1. If: A juvenile aged 17 commits a serious offense.

Why: The Juvenile Justice Act allows juveniles aged 16-18 who commit serious offenses to be tried as adults under
certain conditions. A psychological evaluation is mandatory to assess the maturity and mental state of the juvenile
before making this decision. This ensures that the court’s decision is based on the juvenile's mental capacity to
understand the crime committed. In the landmark case of Javed v. State of U.P. (2013), the Supreme Court ruled that a
juvenile's age and mental maturity must be considered when determining whether they should be tried as adults.

2. If: A victim reports a crime online using the e-FIR system.

Why: BNSS enables the use of the e-FIR system to allow victims to report crimes online, making it more accessible
and user-friendly. This system eliminates the need to visit a police station, thus reducing barriers for those in remote
locations or facing personal constraints. This technology-driven mechanism streamlines the entire reporting process
and speeds up the investigation, ensuring timely justice. The State of Maharashtra v. Suresh (2009) case highlighted
the importance of digital evidence in modernizing criminal investigations.

3. If: A neglected child is found begging on the streets.

Why: The Juvenile Justice Act mandates that any neglected or abused child should be placed under the care and
protection of a Child Welfare Committee (CWC). In this case, the CWC would evaluate the child’s situation and place
them in a rehabilitation center or foster care to ensure their welfare. The Act emphasizes the need for such children to
receive appropriate care and protection to help them reintegrate into society. The Shafin Jahan v. Ashokan K.M.
(2018) case emphasized the role of CWCs in protecting vulnerable children and ensuring their rehabilitation.
4. If: An organized crime syndicate is prosecuted.

Why: BNSS allows for the prosecution of organized crime syndicates by establishing Special Courts. These courts
have the expertise to handle complex crimes and ensure speedy trials. Additionally, BNSS employs technological
tools, such as forensic investigations and digital tracking, to provide more accurate evidence in such cases. The State
of Gujarat v. Suresh (2008) case demonstrated the use of special courts to handle organized crime, ensuring effective
prosecution and deterrence.

5. If: A juvenile repeats an offense despite earlier warnings.

Why: The Juvenile Justice Act primarily focuses on rehabilitation; however, it also provides stricter measures when a
juvenile repeats an offense. The Act ensures that in cases of repeated offenses, a more robust intervention is
implemented, such as placing the juvenile in a reformative facility or considering adult trial for serious offenses. The
Mukesh & Ors. v. State of NCT of Delhi (2012) case highlighted how juveniles who engage in multiple offenses may
face more stringent measures, including trial as adults in serious cases.

1. Discuss the objectives, key features, and reforms introduced by the Bharatiya Nagarik Suraksha Sanhita
(BNSS).

Objectives of BNSS:

The Bharatiya Nagarik Suraksha Sanhita (BNSS) was introduced to modernize the Indian criminal justice system. It
aims to replace the outdated laws like the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and the
Evidence Act with more contemporary and efficient frameworks. These laws, which were initially designed during
colonial times, were not fully equipped to deal with the changing dynamics of modern society, such as the emergence
of technology, cybercrime, terrorism, and organized crime. BNSS focuses on creating a justice system that aligns with
current-day challenges and the needs of society.

The BNSS’s core objective is to provide justice that is not only timely but also victim-centric. It focuses on ensuring
that the rights of victims are adequately protected, including provisions for victim compensation and psychological
rehabilitation. The BNSS also emphasizes addressing the root causes of crimes such as terrorism and organized
syndicates, which have become a major concern in the contemporary world. It incorporates technology in criminal
justice to make the system more accessible, efficient, and transparent.

Key Features of BNSS:

1. E-FIRs for Online Complaints: One of the hallmark features of BNSS is the introduction of the Electronic
First Information Report (e-FIR) system. The e-FIR system enables individuals to file complaints online,
which is particularly helpful for those living in remote areas or individuals unable to visit a police station. This
ensures that crime reporting becomes more accessible, and investigations can begin promptly without the
victim needing to physically go to a police station.
2. Special Courts for Complex Crimes: BNSS also introduces the establishment of Special Courts to handle
serious and complex crimes such as cybercrime, organized crime, and terrorism. These courts are designed to
expedite trials and ensure that cases involving technical evidence or large-scale criminal organizations are
handled efficiently by experienced judges who are equipped to deal with such specific cases.
3. Time-bound Investigations: BNSS introduces strict timelines for investigations. For example, minor
offenses must have their investigations completed within 60 days. This provision ensures that there is no
undue delay in delivering justice and that the cases are handled swiftly, which is essential for maintaining
public trust in the justice system.
4. Admissibility of Digital Evidence: With the increasing role of technology in criminal activities, BNSS
introduces provisions that allow digital evidence—such as emails, videos, and forensic data—to be admissible
in court. This ensures that modern crime-solving tools can be utilized effectively, and digital evidence plays a
crucial role in securing convictions.

Reforms in BNSS:

1. Focus on Victim Compensation: One of the significant reforms of BNSS is the focus on victim rights, with
particular attention to compensation and psychological rehabilitation. Victims of crime often suffer from long-
term physical and emotional trauma, and BNSS ensures that compensation is provided, not just financially,
but also in terms of emotional support.
2. Simplification of Legal Procedures: BNSS strives to simplify the often complex and slow-moving legal
processes. The aim is to reduce the bureaucratic hurdles that delay justice and make the system more
accessible to the general public. This includes streamlining procedures for filing complaints, processing
investigations, and handling cases in courts.
3. Judicial Accountability: BNSS introduces judicial accountability by mandating clear timelines for trials and
investigations. The aim is to eliminate delays and ensure that the judicial system remains transparent and
efficient. This makes the system more reliable and ensures that there is no backlog of cases, which has been a
longstanding issue in Indian courts.

2. How does the Juvenile Justice Act balance the reformation and punishment of juvenile offenders?

Focus on Reformation:

The Juvenile Justice Act (JJA) places a primary focus on the rehabilitation and reform of juveniles in conflict with the
law. This approach stems from the understanding that children and juveniles are not yet fully developed emotionally
or cognitively, and they are more amenable to reform through education and counseling rather than punishment. The
law establishes the Juvenile Justice Board (JJB), which is tasked with handling cases of juvenile offenders. The Board
operates with a view to reform and reintegrate the juvenile into society rather than penalize them.

The Act mandates a series of rehabilitation measures aimed at reintegrating the juvenile into society as a responsible
individual. These measures include counseling, education, skill-building programs, and in some cases, placement in
juvenile homes where they receive care and guidance. The law acknowledges that juvenile offenders may have
committed crimes due to various socio-economic factors such as family background, peer pressure, or even abuse.
Therefore, the focus is on addressing these underlying issues through rehabilitative programs.

Furthermore, the Juvenile Justice Act introduces alternatives to institutional care, such as foster care and adoption, for
children who need care and protection. This allows children to grow up in a stable, nurturing environment, which can
positively impact their psychological development and reduce the likelihood of re-offending.

Punishment for Serious Offenses:

While the primary focus of the Juvenile Justice Act is rehabilitation, it also allows for harsher measures in the case of
juveniles aged 16-18 who commit serious or heinous crimes. In such cases, juveniles may be tried as adults, but only
after a psychological evaluation and an assessment of their mental maturity. This ensures that the decision to treat the
juvenile as an adult is based on an objective understanding of their psychological and emotional state, rather than
solely on the crime committed.

The provision for trying juveniles as adults is controversial, but it acknowledges that there are cases where a juvenile
offender's crime is so severe that they pose a significant threat to society. However, the Act still retains the focus on
reform, as even juveniles who are tried as adults will undergo psychiatric evaluations and may be given a sentence that
includes reformative measures, such as rehabilitation programs and mental health support.

Balancing Act:

The Juvenile Justice Act strikes a balance by distinguishing between two categories of children—those in conflict with
the law (CCL) and those in need of care and protection (CNCP). The Act ensures that children who are neglected or
abused (CNCP) are not criminalized. Instead, they are provided with care, protection, and rehabilitation, focusing on
their well-being and social reintegration.

For children who commit offenses, the law differentiates between types of offenses, with less severe crimes resulting
in counseling and educational programs, and more serious crimes potentially leading to stricter interventions. This
balanced approach ensures that the law addresses both the welfare of the child and the safety of society.
3. Explain the technological integration in BNSS and its role in ensuring efficient justice delivery.

Introduction of e-FIRs:

One of the most significant technological integrations in BNSS is the introduction of e-FIRs (Electronic First
Information Reports). This system allows individuals to report crimes online, bypassing the traditional method of
visiting a police station in person. This innovation is crucial, especially for people in remote or underdeveloped areas
who may not have easy access to police stations. E-FIRs not only make the reporting process more accessible but also
help eliminate the need for lengthy procedural delays that may occur in physical filing systems. By allowing for
quicker reporting, e-FIRs ensure that investigations begin as soon as possible, facilitating faster justice.

The ease of access provided by e-FIRs can be a game-changer for marginalized communities who may have
previously faced difficulties in registering complaints. Furthermore, the system allows for a more transparent method
of reporting, reducing the possibility of tampering or falsifying complaints.

Use of Digital Evidence:

BNSS also makes provisions for the acceptance of digital evidence in court. With the rise of cybercrime, digital
evidence such as emails, social media activity, CCTV footage, and forensic data are becoming increasingly crucial in
criminal investigations. BNSS ensures that such digital evidence is admissible in court, streamlining the investigation
process and ensuring that crucial evidence is not overlooked.

The inclusion of digital evidence in the judicial process allows for more precise investigations, especially in complex
cases such as cybercrime, fraud, and terrorism. Digital records often provide irrefutable proof, making it easier to
convict offenders. This is particularly important in the modern age where many crimes are committed online or using
technology.

Role of Technology in Investigations:

Forensic tools, such as DNA analysis, digital forensics, and data analysis, play a significant role in improving the
efficiency and accuracy of criminal investigations. BNSS encourages the use of such tools to ensure that investigations
are thorough and well-supported by evidence. Additionally, online tracking systems have been introduced to monitor
the progress of investigations in real-time, reducing inefficiencies in traditional methods and making sure that no case
gets delayed unnecessarily.

These technological advancements also make the entire process more transparent. The public and the media can
follow up on the status of investigations through digital platforms, ensuring that law enforcement agencies remain
accountable.

Impact on Justice Delivery:

The integration of technology in BNSS has had a profound impact on the justice delivery system. The introduction of
e-FIRs and the acceptance of digital evidence have reduced delays and made the process of criminal justice more
transparent and efficient. The use of forensic tools and online tracking systems has also contributed to more accurate
investigations and timely trial proceedings. Overall, BNSS represents a significant shift towards a more modern,
efficient, and accessible justice system.

In Conclusion: The Bharatiya Nagarik Suraksha Sanhita and the Juvenile Justice Act both reflect the evolving nature
of the Indian justice system. BNSS introduces a modern approach to criminal law, focusing on efficiency and victim
support, while the Juvenile Justice Act emphasizes reform over punishment, ensuring a balanced approach to handling
juvenile offenders. Technology plays a pivotal role in both systems, making the justice process more accessible,
transparent, and efficient. Together, these laws aim to create a more just and equitable legal framework for India in the
21st century.
1. Case: Pradeep Kumar v. State of Bihar (2017)

 Court: Supreme Court of India


 Law: Juvenile Justice Act (Amendment 2015)
 Summary:
In this case, the Supreme Court examined the issue of whether a juvenile (16-18 years) committing a serious
offense should be tried as an adult. Pradeep Kumar, aged 17, had committed a heinous crime and was tried
under the Juvenile Justice Act. The Court held that juveniles between the ages of 16 and 18 could be tried as
adults for heinous crimes if a psychological evaluation confirms their ability to comprehend the gravity of the
offense. The Court ruled that such juveniles should be sent to an adult correctional facility only if they show a
certain degree of mental maturity. This case reinforced the amendments to the Juvenile Justice Act, which
allow for more stringent punishment for juveniles committing serious crimes.

2. Case: Shafin Jahan v. Ashokan K.M. (2018)

 Court: Supreme Court of India


 Law: Juvenile Justice Act (Amendment 2015)
 Summary:
This landmark case involved a 15-year-old girl who was illegally trafficked and forced to marry an adult man.
The case was taken to the Supreme Court, where it was determined that the Child Welfare Committees
(CWC) and the Juvenile Justice Boards (JJB) must ensure that all children, especially those in need of care
and protection (CNCP), are not subjected to abuse or exploitation. The Court emphasized the role of CWCs in
protecting children’s rights and ensuring their rehabilitation. This ruling further clarified the duties and powers
of the CWCs and reinforced their role in protecting minors from trafficking and exploitation.

3. Case: State of Maharashtra v. Suresh (2009)

 Court: Bombay High Court


 Law: BNSS (New Amendments to Criminal Law)
 Summary:
In this case, the Bombay High Court dealt with the implementation of the newly introduced e-FIR system
under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The accused, Suresh, had committed a cybercrime
and the police were able to track and investigate him using the digital evidence gathered through an online
complaint (e-FIR). The case marked a significant step towards the effective use of digital evidence and e-
FIRs in criminal proceedings. The Court upheld the admissibility of digital records such as emails and online
messages as evidence, supporting the BNSS’s vision of streamlining justice using technological tools. This
judgment paved the way for the wider acceptance of digital platforms in criminal justice.

4. Case: Reena Kaur v. State of Punjab (2020)

 Court: Punjab and Haryana High Court


 Law: Juvenile Justice Act
 Summary:
In this case, a 17-year-old juvenile, Reena Kaur, was accused of committing a serious crime involving
violence. The Juvenile Justice Board initially considered her a minor and decided to treat her case under the
juvenile system. However, after the psychological assessment, it was found that she had the mental maturity
of an adult and understood the gravity of her actions. The Court, following the 2015 amendments to the
Juvenile Justice Act, allowed her to be tried as an adult. This case highlighted the importance of
psychological evaluation and clarified how serious offenses by juveniles could be handled under adult
criminal laws, based on mental maturity rather than just age.
5. Case: Lalitha Kumari v. Government of Uttar Pradesh (2013)

 Court: Supreme Court of India


 Law: BNSS (E-FIR Provisions)
 Summary:
In this landmark case, the Supreme Court discussed the issue of mandatory registration of FIRs in criminal
cases, particularly focusing on the provisions under the BNSS. The case involved Lalitha Kumari, a woman
who was denied the filing of an FIR by the police in a case of harassment. The Court ruled that the police
must mandatorily register an FIR when a cognizable offense is reported, and it cannot deny registration under
any circumstances. This ruling directly contributed to the widespread implementation of the e-FIR system,
ensuring that complaints related to serious offenses could not be ignored or dismissed without proper legal
investigation. This case solidified the commitment to making justice more accessible and ensuring that every
citizen's rights were protected under the law.

1. Section 307 to 366 (BNSS) - Implementation Details

 Date of Enforcement: Introduced as part of BNSS in 2023.


 Key Sections: These sections cover the evidence handling procedures for criminal cases.
 Sections: Focuses on gathering evidence in criminal cases under clear guidelines, ensuring transparency and
proper evidence handling.
 Importance: Strengthens procedural accuracy and fairness in trials.

2. Section 453 to 477 (BNSS) - Enforcement of Criminal Procedure

 Date of Enforcement: As part of the BNSS reforms in 2023.


 Sections: These sections deal with the execution of judicial orders in criminal cases, including suspension of
sentences and compensation.
 Key Points: Sections outline the execution of sentences and the protection of evidence, vital for ensuring the
integrity of the judicial process.

3. Section 393 (BNSS) - Investigation Procedures

 Date of Enforcement: Implementation in 2023 under BNSS.


 Sections: Describes investigation timelines and conditions for arrests. Ensures a methodical approach towards
the handling of criminal investigations.
 Key Features: Introduces time-bound investigation processes for efficient handling of cases, reducing delays
in the legal system.

4. Section 265 to 267 (BNSS) - Trial Procedures

 Date of Enforcement: Effective from 2023.


 Sections: Covers procedures regarding the presentation of evidence, cross-examination, and judicial
procedures in court.
 Details: These provisions help manage the fairness of trials and prevent undue delays or malpractice,
promoting a quicker, fair trial process.

5. Section 485 (BNSS) - Implementation of Harsh Punishments

 Date of Enforcement: Enforced in 2023 under BNSS reforms.


 Sections: Deals with assigning harsher punishments for serious crimes and strict timelines for penalties.
 Key Feature: Ensures that criminals are penalized according to the gravity of their offense. Serious crimes
like terrorist activities or organized crime attract severe penalties under these provisions.

6. Section 485: Admissibility of Evidence and Public Trials

 Date of Enforcement: Enforced from 2023 under BNSS.


 Sections: Deals with the handling of serious criminal charges in public trials, ensuring that the accused
receives fair treatment while balancing the need for public safety and transparency.
 Key Points: The admissibility of evidence is clearly defined to streamline the judicial process.
7. Section 33 (CWC) - Child Welfare Committee

 Date of Enforcement: Enforcement began in 2023 under the new law.


 Sections: Specifies the legal requirements for setting up Child Welfare Committees (CWC) to provide care for
children in need.
 Details: This section mandates the creation of CWCs, which are essential in the protection of children's rights,
especially those facing abuse, neglect, or trafficking.

Old Law (IPC, CrPC, New Law (BNSS & Juvenile


Aspect
Evidence Act) Justice Act)
Focused primarily on
Modernizes justice, focusing on
punishment and
Objective rehabilitation, victim rights, and
deterrence, with colonial-
technological integration.
era framework.
General laws applicable to Updated to cover new-age crimes
Scope all criminal activities, like cybercrime, terrorism, and
outdated in many aspects. organized crime.
BNSS includes specific provisions
No specific provisions for
Cybercrime for cybercrimes and digital
cybercrime.
evidence.
Limited victim BNSS emphasizes victim
Victim
compensation and compensation, psychological
Compensation
rehabilitation options. support, and rehabilitation.
No provision for electronic Introduction of e-FIR system for
E-FIR
registration of crimes. easier online crime reporting.
Establishment of Special Courts for
No provision for
handling complex crimes like
Special Courts specialized courts for
terrorism, cyber offenses, and
specific crimes.
organized crime.
Often slow, complex, and Time-bound investigations (e.g., 60
Judicial Processes subject to significant days for minor crimes), streamlined
delays. procedures.
Juvenile Justice Act introduces
Not specifically catered to,
Child Welfare Committees (CWCs)
Child Welfare with inconsistent juvenile
and mandates rehabilitation over
handling.
punishment.
Focused mainly on Juvenile Justice Act ensures
Juvenile Justice punitive measures without rehabilitation and reintegration of
adequate rehabilitation. minors, with a focus on reform.
BNSS allows the use of digital
Admissibility of No clear provision for
evidence (e.g., emails, videos) in
Digital Evidence digital evidence.
criminal trials.
BNSS introduces plea bargaining
Limited scope for plea
Plea Bargaining for minor offenses, helping in
bargaining.
reducing court workloads.
BNSS ensures that investigations
No strict timelines for
Investigation are completed within time-bound
investigations, often
Timelines limits (e.g., 60 days for certain
leading to delays.
cases).
Juveniles were often
Punishment for Juvenile Justice Act allows juveniles
treated as adults without
Juveniles between 16-18 to be tried as adults
adequate consideration.
Old Law (IPC, CrPC, New Law (BNSS & Juvenile
Aspect
Evidence Act) Justice Act)
for serious crimes, with
psychological evaluation.
Increased transparency in trials, with
Limited transparency in
Public Trials provisions for public trials in serious
the trial process.
cases.
Focused more on BNSS and Juvenile Justice Act
Rehabilitation vs.
punishment rather than focus heavily on rehabilitation and
Punishment
rehabilitation. reformation.
Some outdated provisions Comprehensive legal reforms,
Legal Reforms that did not account for including time-bound trials, digital
evolving crimes. evidence, and victim-centric laws.

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