1. Which are the primary criminal laws in India?

Main laws include the Bharatiya Nyaya Sanhita (BNS), 2023(outlines crimes), Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (criminal procedure), and Bharatiya Sakshya Adhiniyam (BSA), 2023 (evidence). The new laws replaced the IPC, CrPC, and Evidence Act from July 1, 2024.

2. Which are the important primary principles?

Positive Criminal Law follows the basic concepts of innocent until proven guilty; requiring proof of a guilty intention and deed; needing clear laws for any punishment; limiting the severity of punishment; and providing a fair hearing.

3. How do crimes get organized into various classifications?

Crimes are usually divided into cognizable (where police may arrest anyone) and non-cognizable (where police must get a warrant), bailable (if a person is released on bail) and non-bailable, and compoundable (which can be negotiated) and non-compoundable.

4. Which crimes are the most common?

Some of the crimes covered by the BNS are murder, theft, cheating, rape, defamation, terrorism, organized crime, mob lynching, and hit-and-run incidents.

5. What are the different parts of a criminal case?

Normally, the process follows the FIR, investigation, arrest and bail, charge sheet, trial, judgment and sentencing, and then appeals. BNSS puts more importance on filling FIRs online and speeding up trial processes.

6. What are the protections that belong to an arrested person?

People in police custody have the right to know why they are being arrested, to contact a family member, to have legal aid, to see a magistrate within 24 hours, and to benefit from bail (if the offense is bailable).

7. Is it possible for police to not file an FIR?

Normally, not in the case of cognizable offenses. If your request is refused, you can go to a higher authority or magistrate.

8. What does anticipatory bail mean?

A person can plead for bail from court before being arrested if they worry about being charged with a non-bailable crime.

9. What BSA (Evidence) offers that is different from before?

It officially allows and specifies that electronic records such as emails and chats are considered primary evidence. Now, the definitions of "document" and "evidence" include computer and internet files.

10. Does an outdated case fit the requirements of a recent law?

Proceedings and cases that started before July 1, 2024, will go on following IPC, CrPC, and the Evidence Act. New crimes or cases starting after July 1, 2024, have to follow the new laws.