As Three New Laws Go Into Effect, ‘420’ Makes a Quiet Exit

Replaced by the Bharatiya Nyaya Sanhita Act 2023, Section 420 of the Indian Penal Code will be replaced by Section 318. | Photo credit: Getty Images/iStockphoto

One of the unexpected side effects of the implementation of the changes in the nomenclature and provisions of India’s three major laws – the Penal Code, the Code of Criminal Procedure and the Evidence Act – is the loss of the use of 420 to denote a cheater. The word originates from Section 420 of the Indian Penal Code, 1860, which referred to the offence of cheating and dishonestly inducing delivery of property and also stipulated a maximum punishment of seven years’ imprisonment. Now replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, Section 420 will be replaced by Section 318. Now, calling someone a 318 – it is unlikely to catch on.

“It is a bit complicated to follow. It will take some time to get acquainted with the provisions of three criminal laws,” said a Central Crime Branch investigator.

Similarly, Section 302 of the Indian Penal Code which was used to denote murder has been replaced by Section 103 of the Indian Penal Code. Section 379 of the Indian Penal Code was used to denote robbery for a long time. This provision has also been repealed replacing Section 303 of the Indian Penal Code. Similarly, Section 363 (kidnapping) of the Indian Penal Code has been replaced by Section 137 of the Indian Penal Code.

Police officers are yet to get used to pronouncing the titles of the new laws – Bharatiya Nyaya Sanhita- 2023, Bharatiya Nagarik Suraksha Sanhita (BNNS)-2023 and Bharatiya Shakshya Adhiniyam (BSA)-2023 without making a mistake. A police officer said, “We find it difficult to pronounce these titles in Sanskrit. So we call them the new Penal Code, the new Code of Procedure and the new Evidence Act.”

A deputy commissioner of police informed that before the implementation, a series of training programmes for the staff were conducted and they were also provided with a compendium of new provisions, their sections compared with the old laws. “The police inspector, sub-inspector and the staff who enter the FIR details in the Crime Tracking Network and Systems (CCTNS) have been given proper training. Apart from this, the CCTNS portal has a new section by default,” he added.

The police officers were given a summary table of the new laws. An objective type exam was also held for inspectors and sub-inspectors.

However, legal experts have expressed concerns about the omission of some provisions in the old laws and the introduction of new provisions.

Tamilnadu Bar Association president and senior advocate S. Prabhakaran said the new criminal laws have a negative impact on both lawyers and litigants. “We believe they contain dangerous provisions that have been passed without consultation. For example, in one case, our interpretation is that there is no provision in the new law for appealing against conviction in petty offences.”

On Monday, lawyers from the Egmore High Court Lawyers Association wore black badges condemning the central government for implementing laws without consultation. Egmore High Court Lawyers Association secretary Durai Kannan said, “The new BNNS Act has done away with the nomenclature of metropolitan magistrates courts. The city has over 20 metropolitan magistrates courts and there is no clarity on these courts.”