New Criminal Laws
The government has announced the implementation of three new criminal laws starting from July 1, effectively replacing the outdated colonial-era legislations of the country. The Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill will supersede the Indian Penal Code of 1860, Code of Criminal Procedure (CrPC) of 1973, and Indian Evidence Act of 1872.
Passed by the Parliament and granted assent by President Droupadi Murmu last December, these laws signify a significant shift towards modernizing the Indian criminal justice system. Emphasizing “Indianness,” the Indian Constitution, and the welfare of citizens, Union Home Minister Amit Shah, upon their introduction in Parliament, asserted that these laws would propel India’s criminal justice system to become the most advanced globally within five years of full implementation.
Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023, which replaces the Indian Penal Code of 1860, introduces notable changes. Sedition is removed, but provisions penalizing secessionism, separatism, rebellion, and acts against the sovereignty, unity, and integrity of India are introduced. Additionally, harsh penalties such as the death penalty for gang rape of minors and mob lynching are incorporated. Notably, community service is introduced as a punishment for the first time.
Bharatiya Nagarik Suraksha Sanhita, 2023
Replacing the CrPC of 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates time-bound investigation, trial, and judgment within 30 days of argument completion. Moreover, the law makes video recording of statements of sexual assault victims mandatory and introduces provisions for the attachment of property and proceeds of crime.
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Bharatiya Sakshya, 2023
The Bharatiya Sakshya, 2023, replaces the Indian Evidence Act of 1872. This law broadens the scope of admissible evidence in courts to include electronic or digital records such as emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mail, and messages on devices. Furthermore, it mandates the digitization of all records, ensuring that electronic or digital records hold the same legal validity and enforceability as paper records.
