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Governance, Ethics, Law and International Relations — Group-I · Chapter 10

Basic Law: Civil and Criminal Law, BNS, BNSS, BSA and the Nirbhaya Act

What to remember

  • Criminal law deals with offences against society; civil law deals with disputes between private parties. The state prosecutes in a crime, while a person sues in a civil case.
  • Three new criminal codes replaced the old ones in July 2024: the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act.
  • The Criminal Law (Amendment) Act, 2013 (the Nirbhaya Act) widened sexual offence law after the December 2012 Delhi gang rape, and the later 2018 amendment raised punishment for child rape.

1. Civil law and criminal law

PointCivil lawCriminal law
NaturePrivate rights and dutiesWrongs against society
PartiesPlaintiff versus defendantState versus accused
AimRemedy, compensation, injunctionPunishment, deterrence
Standard of proofBalance of probabilitiesBeyond reasonable doubt
ExamplesContract, property, family, tortMurder, theft, rape, cheating
ProcedureCode of Civil Procedure, 1908BNSS

Some wrongs have both sides. An assault is a crime and may also be a tort (civil wrong) for which damages can be claimed.

A tort is a civil wrong other than a breach of contract, such as negligence or defamation. A contract is an agreement enforceable by law, under the Indian Contract Act, 1872. Essential elements are offer, acceptance, lawful consideration, capacity of parties, free consent and a lawful object.

2. Court structure in brief

  • The Supreme Court is the apex court. High Courts sit in each state or group of states.
  • In each district, the District and Sessions Judge heads the district judiciary. Civil side courts include the District Court and Civil Judges. Criminal side courts include the Sessions Court, Judicial Magistrates of First Class and Second Class, and Metropolitan Magistrates in big cities.
  • Lok Adalats and Mediation help settle disputes by compromise. The Legal Services Authorities Act, 1987 provides free legal aid. Article 39A of the Constitution directs the state to provide free legal aid.

3. Bharatiya Nyaya Sanhita, 2023 (BNS)

The BNS is the substantive criminal code. It defines offences and punishments. It came into force on 1 July 2024.

Key features to remember:

  • It adds community service as a punishment for some petty offences.
  • It defines organised crime and petty organised crime as separate offences.
  • It introduces an offence for terrorist acts within the general criminal code.
  • It removes the old sedition offence as worded in the IPC and replaces it with a provision on acts endangering the sovereignty, unity and integrity of India.
  • It adds mob lynching as an offence of murder when a group commits it on grounds such as race, caste, community, sex or language.
  • It gives a gender-neutral treatment to some offences, though rape remains defined with a male offender and a female victim.
  • It lays down general principles of criminal liability: mens rea (guilty mind) and actus reus (guilty act), general exceptions such as mistake of fact, accident, insanity, intoxication against will and private defence.

Key concepts:

  • Mens rea: guilty intention or knowledge.
  • Actus reus: the physical act or omission.
  • Cognizable offence: police may arrest without a warrant and start investigation without a magistrate's order.
  • Non-cognizable offence: police need a magistrate's permission.
  • Bailable offence: bail is a right. Non-bailable: bail is at the court's discretion.
  • Compoundable offence: the complainant may settle with the accused.

4. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

The BNSS is the procedural code. It governs how a crime is reported, investigated, tried and punished.

Key features:

  • Zero FIR: a police station can register an FIR regardless of where the crime took place, and then transfer it.
  • E-FIR and electronic summons: reports and summons can be given by electronic means.
  • Time limits: timelines are set for investigation stages and for judgment after the end of arguments.
  • Forensic investigation: forensic experts must visit crime scenes for serious offences, with a time-bound plan.
  • Audio-video recording: search and seizure and statements in some cases must be recorded by electronic means.
  • Trial in absence: provision exists for trial of a declared proclaimed offender in his absence in defined circumstances.
  • Preliminary inquiry: a short inquiry before an FIR is allowed for some offences punishable for three years or more but less than seven.
  • Victim rights: the victim must be informed about the progress of the case.

Key stages of criminal procedure: complaint or FIR, investigation, arrest, charge sheet (police report), cognizance, framing of charge, trial, judgment, appeal.

5. Bharatiya Sakshya Adhiniyam, 2023 (BSA)

The BSA is the law of evidence. It decides what facts can be proved and how.

Key features:

  • Electronic and digital records are treated as documents and primary evidence when conditions are met.
  • Electronic records include emails, server logs, messages and data on devices.
  • A certificate is required for admitting electronic evidence.
  • It keeps core ideas of the earlier law: relevancy of facts, burden of proof, admissions, confessions to police being inadmissible in general, and dying declarations.
  • Statements made by a joint accused in some cases are covered.

Basic terms:

  • Burden of proof: the duty to prove a fact. In a criminal case it generally lies on the prosecution.
  • Presumption of innocence: an accused is innocent until proved guilty.
  • Dying declaration: a statement made by a person about the cause of his death, treated as relevant evidence.

6. The Nirbhaya Act (Criminal Law Amendment Act, 2013)

After the brutal gang rape in Delhi in December 2012, the government set up the Justice J. S. Verma Committee to suggest changes. The Criminal Law (Amendment) Act, 2013 followed.

Main changes:

  • Defined rape more widely to include penetration of various kinds.
  • Kept the minimum for rape at 7 years (10 for aggravated rape) and allowed life imprisonment for the remainder of natural life in aggravated cases.
  • Provided for the death penalty where rape causes death or leaves the victim in a persistent vegetative state.
  • Made acid attack, stalking, voyeurism, sexual harassment and disrobing specific offences.
  • Added punishment for a public servant who fails to register an FIR in certain offences.
  • Raised the age of consent to eighteen years.

A later amendment in 2018 after the Kathua and Unnao incidents added stricter punishment for rape of a girl under twelve and sixteen, including the death penalty for a child under twelve, and set time limits for investigation and trial.

Linked laws and bodies:

  • Protection of Children from Sexual Offences Act, 2012 (POCSO): gender-neutral law for child sexual abuse with special courts.
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: requires an Internal Committee in workplaces with ten or more employees.
  • Protection of Women from Domestic Violence Act, 2005: civil remedies such as protection orders and residence orders.
  • Dowry Prohibition Act, 1961.

7. Old code versus new code

SubjectOld lawNew law
Substantive crimeIndian Penal Code, 1860Bharatiya Nyaya Sanhita, 2023
ProcedureCode of Criminal Procedure, 1973Bharatiya Nagarik Suraksha Sanhita, 2023
EvidenceIndian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023
SeditionSection 124A IPCReplaced by a provision on acts against sovereignty and integrity
Mob lynchingNo specific provisionSpecific offence under BNS
Community serviceNot a punishmentAdded for petty offences

Exam traps

  • BNS vs BNSS: BNS defines offences; BNSS gives the procedure.
  • BSA vs old Evidence Act: BSA replaced the Evidence Act of 1872 and treats electronic records as documents.
  • Cognizable vs bailable: one is about arrest without a warrant; the other is about the right to bail.
  • FIR vs charge sheet: an FIR starts the process; a charge sheet is filed after investigation.
  • Zero FIR vs E-FIR: the first can be registered at any police station; the second is lodged electronically.
  • Nirbhaya Act vs POCSO: the first is the 2013 amendment on sexual offences against adults; POCSO deals with children.
  • Mens rea vs actus reus: the first is the mental element; the second is the physical element.
  • Civil vs criminal standard of proof: balance of probabilities versus beyond reasonable doubt.

One-liners

  • The three new criminal codes came into force on 1 July 2024.
  • The BNS replaced the Indian Penal Code, 1860.
  • The BNSS replaced the Code of Criminal Procedure, 1973.
  • The BSA replaced the Indian Evidence Act, 1872.
  • Community service is a new punishment under the BNS.
  • Mob lynching is a specific offence under the BNS.
  • Zero FIR allows registration at any police station.
  • Electronic records count as documents under the BSA.
  • The Justice J. S. Verma Committee reported after the December 2012 Delhi gang rape.
  • The Criminal Law (Amendment) Act, 2013 is called the Nirbhaya Act.
  • POCSO is the law for child sexual abuse, enacted in 2012.
  • Article 39A of the Constitution directs the state to provide free legal aid.

Practice questions

  1. The Bharatiya Nyaya Sanhita replaced which earlier law?

    1. Code of Criminal Procedure, 1973
    2. Indian Contract Act, 1872
    3. Indian Penal Code, 1860
    4. Indian Evidence Act, 1872
    Answer

    C. Indian Penal Code, 1860

    The BNS is the new substantive criminal code that replaced the IPC.

  2. The Bharatiya Nagarik Suraksha Sanhita replaced the

    1. Code of Civil Procedure, 1908
    2. Indian Evidence Act, 1872
    3. Code of Criminal Procedure, 1973
    4. Indian Penal Code, 1860
    Answer

    C. Code of Criminal Procedure, 1973

    BNSS is the new procedural code replacing the CrPC.

  3. The law of evidence in India after 2024 is the

    1. Information Technology Act
    2. Bharatiya Sakshya Adhiniyam
    3. Bharatiya Nyaya Sanhita
    4. Bharatiya Nagarik Suraksha Sanhita
    Answer

    B. Bharatiya Sakshya Adhiniyam

    BSA replaced the Indian Evidence Act, 1872.

  4. The three new criminal codes came into force in

    1. January 2020
    2. August 2023
    3. July 2024
    4. March 2025
    Answer

    C. July 2024

    They came into effect on 1 July 2024.

  5. Which court deals with a dispute between two private parties over property?

    1. Civil court
    2. Sessions Court only
    3. Court Martial
    4. Juvenile Justice Board
    Answer

    A. Civil court

    Property disputes between private parties are civil matters.

  6. The standard of proof in a criminal trial is

    1. balance of probabilities
    2. preponderance of evidence
    3. mere suspicion
    4. beyond reasonable doubt
    Answer

    D. beyond reasonable doubt

    A criminal case requires proof beyond reasonable doubt.

  7. Mens rea means

    1. legal aid
    2. guilty mind or intention
    3. burden of proof
    4. guilty act
    Answer

    B. guilty mind or intention

    Mens rea is the mental element of a crime.

  8. Actus reus refers to

    1. presumption of innocence
    2. the physical act or omission that forms a crime
    3. intention to commit the act
    4. right to a lawyer
    Answer

    B. the physical act or omission that forms a crime

    Actus reus is the guilty act.

  9. In a cognizable offence, the police

    1. can arrest without a warrant
    2. cannot act at all
    3. need a civil court order
    4. may only issue a notice
    Answer

    A. can arrest without a warrant

    A cognizable offence permits arrest without a warrant and investigation without a magistrate's order.

  10. Zero FIR means an FIR that

    1. is registered without any complaint
    2. can be registered at any police station regardless of jurisdiction
    3. has no legal effect
    4. is registered only by a magistrate
    Answer

    B. can be registered at any police station regardless of jurisdiction

    A Zero FIR is later transferred to the station with jurisdiction.

  11. Which of the following is a new punishment introduced in the BNS for some petty offences?

    1. Public flogging
    2. Outlawry
    3. Community service
    4. Transportation for life
    Answer

    C. Community service

    The BNS introduces community service for petty offences.

  12. The Criminal Law (Amendment) Act, 2013 is popularly known as the

    1. Dowry Act
    2. Kathua Act
    3. Vishaka Act
    4. Nirbhaya Act
    Answer

    D. Nirbhaya Act

    It followed the December 2012 Delhi gang rape case.

  13. Which committee suggested reforms in rape law after the December 2012 incident?

    1. Sarkaria Commission
    2. Mandal Commission
    3. Punchhi Commission
    4. Justice J. S. Verma Committee
    Answer

    D. Justice J. S. Verma Committee

    The Verma Committee gave recommendations for amending criminal law.

  14. The law that protects children from sexual offences, enacted in 2012, is

    1. POCSO Act
    2. Domestic Violence Act
    3. Juvenile Justice Act
    4. Dowry Prohibition Act
    Answer

    A. POCSO Act

    POCSO is the gender-neutral child sexual abuse law.

  15. Article 39A of the Constitution directs the state to provide

    1. free education only
    2. free housing
    3. free legal aid
    4. reservation in jobs
    Answer

    C. free legal aid

    Article 39A promotes equal justice and free legal aid.

  16. Which body organises settlement of disputes by compromise outside regular courts?

    1. Sessions Court
    2. High Court bench
    3. Lok Adalat
    4. Tribunal of appeal
    Answer

    C. Lok Adalat

    Lok Adalats settle matters through mutual compromise.

  17. A civil wrong other than a breach of contract is called a

    1. felony
    2. tort
    3. crime
    4. summons
    Answer

    B. tort

    A tort is a civil wrong, such as negligence or defamation.

  18. Which of these is an essential element of a valid contract?

    1. Lawful consideration
    2. Police permission
    3. Notary seal on every contract
    4. Registration with the High Court
    Answer

    A. Lawful consideration

    Offer, acceptance, lawful consideration, free consent and capacity are essential.

  19. Which provision of the BNSS allows electronic means for summons and reports?

    1. Abolition of FIR
    2. Trial without any judge
    3. Removal of bail
    4. Use of electronic communication for summons and e-FIR
    Answer

    D. Use of electronic communication for summons and e-FIR

    The BNSS enables electronic reporting and service of summons.

  20. Under the BSA, electronic records are generally treated as

    1. inadmissible in all cases
    2. hearsay only
    3. oral evidence
    4. documents that can be primary evidence when conditions are met
    Answer

    D. documents that can be primary evidence when conditions are met

    The BSA treats electronic records as documents, with a certificate requirement.

  21. The Sexual Harassment of Women at Workplace Act, 2013 requires an Internal Committee in an office with

    1. ten or more employees
    2. two employees
    3. fifty-one employees only
    4. a thousand employees
    Answer

    A. ten or more employees

    Workplaces with ten or more employees must set up an Internal Committee.

  22. Which statement about mob lynching under the BNS is correct?

    1. It is not an offence
    2. It is treated as a specific offence when committed by a group on grounds such as race, caste or community
    3. It is a civil wrong only
    4. It applies only to children
    Answer

    B. It is treated as a specific offence when committed by a group on grounds such as race, caste or community

    The BNS lists mob lynching as an aggravated form of murder under defined grounds.

  23. Which offence was introduced as a specific offence by the Criminal Law (Amendment) Act, 2013?

    1. Dowry death
    2. Defamation
    3. Stalking
    4. Bigamy
    Answer

    C. Stalking

    The 2013 Act added stalking, voyeurism, acid attack and others.

  24. The age of consent under the Criminal Law (Amendment) Act, 2013 is

    1. fourteen years
    2. eighteen years
    3. twenty-one years
    4. sixteen years
    Answer

    B. eighteen years

    The Act fixed the age of consent at eighteen.

  25. A bailable offence is one in which

    1. bail is a matter of right
    2. bail is never allowed
    3. only the High Court can grant bail
    4. the accused is always released without bond
    Answer

    A. bail is a matter of right

    In bailable offences, bail is a right subject to conditions.

  26. A compoundable offence is one in which

    1. police cannot register a case
    2. the complainant may settle with the accused
    3. punishment is only a fine
    4. trial is always in absence
    Answer

    B. the complainant may settle with the accused

    Compounding allows the complainant to agree to drop the case.

  27. The Protection of Women from Domestic Violence Act, 2005 mainly provides

    1. only criminal punishment
    2. tax relief
    3. civil remedies such as protection and residence orders
    4. reservation in jobs
    Answer

    C. civil remedies such as protection and residence orders

    The Act gives protection orders, residence orders and monetary relief.

  28. Which is the correct pairing?

    1. Criminal law: no standard needed
    2. Civil law: beyond reasonable doubt
    3. Criminal law: balance of probabilities
    4. Civil law: balance of probabilities
    Answer

    D. Civil law: balance of probabilities

    Civil cases use the balance of probabilities; criminal cases use beyond reasonable doubt.

  29. A dying declaration is

    1. a plea bargain
    2. a government order
    3. a statement about the cause of death made by the person who later died
    4. a will
    Answer

    C. a statement about the cause of death made by the person who later died

    A dying declaration is a relevant statement as evidence.

  30. The 'burden of proof' in a criminal case generally lies on the

    1. accused
    2. prosecution
    3. witness
    4. defence counsel only
    Answer

    B. prosecution

    The prosecution must prove guilt.

  31. Consider the statements. 1. The BNS defines offences and punishments. 2. The BNSS defines offences and punishments. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The BNSS is procedural; the BNS is substantive.

  32. Consider the statements. 1. The BSA is a procedural code for arrest and bail. 2. The BSA deals with evidence. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    The BSA is the law of evidence; arrest and bail are in the BNSS.

  33. Consider the statements. 1. The BNS includes community service as a punishment for some petty offences. 2. The BNS includes mob lynching as a specific offence. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are new features of the BNS.

  34. Consider the statements. 1. POCSO applies only to girls. 2. POCSO is the Criminal Law Amendment Act of 2013. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    POCSO is gender-neutral and enacted in 2012; the 2013 Act is separate.

  35. Consider the statements about the Nirbhaya Act. 1. It made stalking and voyeurism offences. 2. It followed the recommendations of the Justice Verma Committee. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

  36. Consider the statements. 1. In civil cases, the state is always the plaintiff. 2. In criminal cases, the state prosecutes the accused. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    In civil cases private parties sue; in criminal cases the state prosecutes.

  37. Consider the statements. 1. A Zero FIR can be registered at any police station. 2. A Zero FIR is not an FIR. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    A Zero FIR is a valid FIR registered irrespective of jurisdiction and then transferred.

  38. Consider the statements. 1. Article 39A relates to free legal aid. 2. The Legal Services Authorities Act, 1987 provides for legal aid. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

  39. Consider the statements. 1. Electronic evidence is not admissible under the BSA. 2. An email can be a document under the BSA. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    The BSA treats electronic records as documents.

  40. Consider the statements. 1. The Criminal Law (Amendment) Act, 2018 followed the Kathua and Unnao incidents. 2. It lowered the punishment for child rape. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The 2018 amendment increased punishment.

  41. Match the old law with the new: Indian Evidence Act, 1872

    1. Bharatiya Nagarik Suraksha Sanhita
    2. Bharatiya Nyaya Sanhita
    3. Digital Personal Data Protection Act
    4. Bharatiya Sakshya Adhiniyam
    Answer

    D. Bharatiya Sakshya Adhiniyam

    The BSA replaced the Evidence Act.

  42. Which of the following is a stage of a criminal case that comes first?

    1. Framing of charge
    2. Appeal
    3. Judgment
    4. Filing of an FIR or complaint
    Answer

    D. Filing of an FIR or complaint

    The process starts with a complaint or FIR.

  43. Which is a feature of the BNSS regarding forensic investigation?

    1. Forensics are banned
    2. Only civil courts use forensics
    3. Forensic experts must visit crime scenes in serious offences
    4. No expert is allowed
    Answer

    C. Forensic experts must visit crime scenes in serious offences

    The BNSS makes forensic visits mandatory for serious offences.

  44. A statement made by an accused to a police officer is, as a general rule, under evidence law

    1. not admissible as a confession in court
    2. enough for conviction alone
    3. always the best evidence
    4. presumed false in all cases
    Answer

    A. not admissible as a confession in court

    Confessions to police officers are generally inadmissible.

  45. Which is an example of a case that may be both a crime and a tort?

    1. Registering a company
    2. Payment of taxes
    3. Voting
    4. Assault causing injury
    Answer

    D. Assault causing injury

    Assault is a crime and may also give rise to a claim for damages.

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