'Fake marriage promise a criminal offence now': Understanding Bharatiya Nyaya Sanhita in 10 key points

A new dawn of Indian legal & judicial system arrived on Monday, July 1, after the three new criminal laws took effect nationwide. Union Home Minister Amit Shah in 2023 had tabled the three new criminal laws that will replace the 'colonial-era legislations', altering India's criminal justice system. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will replace the old Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. The Bhartiya Nyay Sanhita will replace the Indian Penal Code, 1860, the Bhartiya Sakshya Bill will replace the Indian Evidence Act, 1872; and the Bhartiya Nagarik Suraksha Sanhita will replace the Code of Criminal Procedure, 1973. While many changes been done in the three new criminal laws of India, one has raised many eyebrows as the government has made 'fake marriage promise' a criminal offence. Below is a breakdown of what changes have been brought under India's new criminal laws- 

1. From Monday, all fresh FIRs will be registered under Bharatiya Nyaya Sanhita (BNS). However, cases filed earlier will continue to be tried under the old laws till their final disposal.
2. The new laws will allow any person to file a Zero FIR at any police station, regardless of jurisdiction; it will permit online registration of police complaints and electronic serving of summons.
3. Sex under deceitful means or false promises to marry, may be punished with a prison term that can extend up to 10 years. With this a separate section has been carved out, differentiating these cases from rape cases.
4. The statement of rape victims will be recorded by a woman police officer in presence of her guardian or relative and medical reports have to come within seven days.
5. Buying and selling of any child made a heinous crime and there is a provision for death sentence or life imprisonment for gang rape of a minor.
6. As per reports, the new law also defined “cruelty” against a woman by her husband and his relatives, which is punishable with a jail term of up to three years. The newly inserted section 86 defines ‘cruelty’ as (a) wilful conduct likely to drive a woman to commit suicide or cause grave injury or danger to the life, limb, or health (whether mental or physical); or (b) harassment of a woman to coerce her or any person related to her to meet any unlawful demand for property or valuable security.
7. Mob lynching will now be tried at par with murder. Since IPC did not provide a separate provision for murder by a mob, the accused in such cases were tried and punished under Section 302 (murder).
8. Murder will be punishable under section 101 not 302. Section 302 of the IPC was the punishment for murder. Now, under the BNS this will come under Section 101. Section 302 will now deal with the crime of snatching.
9. Section 420 of the IPC applied to the offence of cheating, while in the new law, cheating comes under Section 318. There is no Section 420 now.
10. Criminal case judgments must be delivered within 45 days after the trial ends. Charges must be framed within 60 days of the first hearing. All state governments must implement witness protection schemes to ensure the safety and cooperation of witnesses.