Understanding the New Criminal Laws: BNS, BNSS & BSA Explained

Did you know that publishing or printing court proceedings of cases related to crimes against women without the court's permission is an offense? Section 73 of the BNS makes this a crime punishable by up to two years in jail and a fine. We explain this provision to raise awareness about respecting the privacy and integrity of judicial processes.

Concealing a crime is also an offense under the new laws. Section 250 of the BNS outlines punishments for those who accept gifts or favors to hide information about a crime. The severity of the punishment, ranging from 3 years to 7 years, depends on the gravity of the original crime being concealed.

The law now has stricter provisions against filing false FIRs to harass someone. Under Section 248 of the BNS, if allegations are proven false, the person who filed the complaint can face up to 5 years in prison and a fine of up to ₹2 lakh. For false accusations of serious crimes, the penalty can extend to 10 years.

Obscene acts, singing obscene songs, or using abusive language in public places can now be prosecuted under Section 296 of the BNS. This offense carries a penalty of up to three months in jail, a fine of ₹1000, or both. We provide guidance on what constitutes a public nuisance and your rights in such situations.

The new laws introduce a notable change for petty theft. As per Section 303 of the BNS, if a stolen property's value is less than ₹5000 and it's a first-time offense, the court may impose community service instead of jail time. However, for repeat offenders, the punishment is a minimum of one year in prison.

How does the court record the testimony of a witness who cannot speak or hear? Section 125 of the BSA provides for this. The court appoints an expert or a teacher to interpret their sign language, and the entire proceeding is videographed to ensure accuracy and prevent any doubt.

Can an ordinary citizen arrest a criminal? Yes, under Section 40 of the BNSS, a private citizen can arrest someone who commits a non-bailable and cognizable offense in their presence. We explain the procedure, which requires handing over the arrested person to a police officer or taking them to the nearest police station within 6 hours.

Section 69 of the Bharatiya Nyay Sanhita addresses the serious offense of engaging in physical relations by making a false promise of marriage or through deceit. While not categorized as rape, this crime is punishable with up to 10 years in prison and a fine. We help clients understand the legal distinction and their rights in such cases.

Voyeurism, the act of secretly recording or watching a woman in a private act, is a punishable offense under Section 77 of the BNS. We clarify that this law applies to anyone, male or female, who breaches another woman's privacy. The punishment ranges from one to three years for a first offense and can extend to seven years for repeat offenses.