Introduction

The Indian legal system is undergoing a significant transformation with the recent amendments and implementations of new legislation, notably the Bhartiya Nyaya Sanhita (BNS) previously known as Indian Penal Code (IPC) 1860, Bhartiya Nagrik Suraksha Sanhita (BNSS) previously known as CrPC 1973, and Bhartiya Shakshay Adhiniyam (BSA) previously known as Indian Evidence Act (IEA) 1872. These legislative changes will have profound implications for various aspects of the judiciary and justice system, including forensic medicine practice in India. The act was passed from the both houses of parliament and got the presidential approval on 25^th December 2023 and would be enacted to whole of India from 1^st July 2024. In this review, we will explore the application of these new laws, the differences between the old and new laws and their particular sections in relation to use in forensic medicine in India.

History of Indian Penal Code (IPC): 1

The Republic of India's official criminal code was the Indian Penal Code, which aims to cover all aspects of criminal law. It was implemented in all British Presidencies in 1862, with the exception of the Princely States, which had their own legal system and courts. The First Law Commission, headed by Thomas Babington Macaulay, created the initial draft of the Indian Penal Code. The draft was based on the modification of the law of the England and borrowing elements from the Napoleonic Code and Louisiana Civil Code of 1825. The code came into force on January 1st, 1860 after undergoing many revisions and amendments by Barnes Peacock who served as the first Chief Justice of the Calcutta High Court. Before the arrival of British rule, the penal law prevailing in India for the most part was the Muhammedan law. In its various sections, the IPC defines and imposes punishments for specific crimes. It is sub-divided into 23 chapters that comprises of 511 sections. The IPC has also influenced the legal systems of other countries, particularly South Asia and parts of Africa, where similar codes based on the Indian model have been adopted.

History of Criminal Procedure Code 1973 (CrPC): 2

The Code of Criminal Procedure was first enacted in 1882 after the administration of British India was taken over by the Crown, after the 1857 revolt. Numerous amendments were made to the Code, most notably in 1898, 1923, and 1955. After the Independence, the First Law Commission submitted its Report on the Judicial Administration, popularly known as the Fourteenth Report, with recommendations to amend the Code. Later, the Law Commission reconstituted in 1961 and submitted the Forty-first Report in 1969 which recommended the revision of the Code. The Code of Criminal Procedure Bill of 1970 was drafted based on these recommendations, but it was never implemented because Parliament was dissolved in 1972. The Code went into effect on April 1, 1974, after being reintroduced as the Code of Criminal Procedure Bill in 1972 and being approved in 1973 by both Houses of Parliament with 125 amendments. There are 2 schedules, 56 forms, 484 sections, and 37 chapters in the Code.

History of Indian Evidence Act (IEA) 1872: 3

The Indian Evidence Act, which was initially passed in India by the Imperial Legislative Council in 1872, included a number of rules and regulations pertaining to the admissibility of evidence in Indian courts. Indian Evidence Act 1872, has 11 chapters and 167 sections and came into force on 1 September 1872.

Bhartiya Nyaya Sanhita (BNS): 6

The Bhartiya Nyaya Sanhita, previously known as Indian Penal Code, forms the backbone of India's criminal justice system. The recent amendments to this code reflect a concerted effort to modernize and strengthen the legal framework to address emerging challenges in the society. From cybercrimes to crimes against women, the revised penal code covers a wide range of offenses, each with its own set of legal implications for forensic medicine practitioners.

In the context of forensic medicine, the Bhartiya Nyaya Sanhita plays a crucial role in defining the admissibility and relevance of forensic evidence in criminal proceedings. The amendments provide clearer guidelines for the collection, preservation, and analysis of forensic evidence, ensuring that it withstands legal scrutiny and contributes to the pursuit of justice.

Bhartiya Nagrik Suraksha Sanhita (BNSS): 7

The Bhartiya Nagrik Suraksha Sanhita, previously known as Criminal Procedure Code, represents a positive approach to enhancing public safety and security in India. This comprehensive legislation encompasses measures aimed at preventing and combating various forms of threats, including terrorism, organized crime, and public disorder. Forensic medicine practitioners play a vital role in the implementation of the Bhartiya Nagrik Suraksha Sanhita by providing expertise in the investigation and analysis of evidence related to security threats. From forensic pathology in cases of terrorist attacks to digital forensics in cybercrime investigations, forensic professionals contribute invaluable insights that aid law enforcement agencies in safeguarding the nation and its citizens.

Conclusion

The recent amendments and implementations of the Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhartiya Shakshay Adhiniyam mark a significant milestone in India's legal evolution. In the domain of forensic medicine, these legislative changes provide a solid groundwork for advancing the practice and ensuring that justice is served speedily and effectively. Inspired by indigenous legal philosophies and global best practices, BNS aims to streamline legal procedures, enhance access to justice and foster public trust in the judiciary. This legislation marks a significant departure from the colonial legacy, emphasizing the protection of individual rights, fair trial processes, and proportionate sentencing. BNSS with a focus on preventive measures, intelligence gathering, and rapid response mechanisms, aims to safeguard citizens against emerging threats while upholding constitutional liberties. By integrating technological advancements and interdisciplinary approaches, this legislation endeavors to create a robust framework for homeland security in the digital age. BSA emphasizing the admissibility of diverse forms of evidence, including electronic data and expert testimony, it promotes a more advanced understanding of truth-seeking in judicial proceedings. Through stringent safeguards against tampering and manipulation, this statute seeks to enhance the reliability and integrity of evidentiary processes, thereby fortifying the foundations of judicial decision-making. As forensic medicine continues to play an increasingly pivotal role in the Indian justice system, practitioners must remain abreast of these legal developments and uphold the highest standards of professionalism and integrity in their work.

Source of Funding

None.

Conflict of Interest

None.

Acknowledgment

I wish to extend my heartfelt thanks to the Faculty of Forensic Medicine at AIIMS Raebareli for their immense support and valuable suggestions during the preparation of this paper. I also wish to express my deep gratitude to the entire institution of AIIMS Raebareli for nurturing me over the past year. Special thanks are due to Dr. Vikash Chandra, Associate Professor; Dr. Aditya Anand, Assistant Professor; and Dr. Mukul Sharma, Assistant Professor, from the Department of Forensic Medicine, for their continuous support throughout this endeavor.