The government announced on Saturday that three new criminal laws, known as the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, are set to replace the British-era Indian Penal Code (IPC), Indian Evidence Act, and the Code of Criminal Procedure (CrPC). These laws, enacted by Parliament and receiving Presidential assent on December 25 last year, will be implemented from July 1, marking a significant overhaul of the country's criminal justice system.
As per three identical notifications issued by the Union Home Ministry, the provisions of these new laws will come into effect from the aforementioned date. The Bharatiya Sakshya Sanhita, 2023, The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and The Bharatiya Nyaya Sanhita, 2023, were passed by Parliament on December 21 last year. With these laws, the antiquated Indian Evidence Act of 1872, the Criminal Procedure Code of 1973, and the IPC will be replaced.
Experts suggest that the new legislation will bring about stricter penalties for various offenses, including terrorism, lynching, and actions threatening national security. Notably, the Bharatiya Nyaya Sanhita introduces 20 new offenses while eliminating 19 provisions from the IPC. Moreover, punishments for 33 offenses involving imprisonment have been heightened, fines in 83 provisions have been increased, and mandatory minimum penalties have been introduced in 23 offenses, with six offenses now carrying the punishment of 'community service.'
The major revisions proposed in these new laws encompass defining a child, expanding the definition of 'gender' to include transgender individuals, incorporating electronic and digital records in the definition of documents, and broadening the definition of 'movable' to encompass property of all descriptions.
During the presentation of the criminal bills in the Rajya Sabha, Union Home Minister Amit Shah emphasized that once implemented, these laws will put an end to the prolonged delay in justice, commonly referred to as the 'tareekh-pe-tareekh' (date after date) era, ensuring that justice is dispensed within three years.
