India enacts revolutionary criminal laws, effective July 1, 2024
In a significant development, the Indian government has officially announced the implementation of three new criminal laws, slated to replace the archaic colonial-era legislations – the Indian Penal Code of 1860, Code of Criminal Procedure (CrPC) of 1973, and Indian Evidence Act of 1872. Set to come into effect from July 1, the transformative legal framework includes the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill.
Having received approval from both the Parliament and President Droupadi Murmu in December of the preceding year, these legislative changes mark a significant departure from traditional legal norms. Union Home Minister Amit Shah, during the introduction of these laws in Parliament, emphasized their adherence to “Indianness,” the Indian Constitution, and the overall well-being of the populace.
Amit Shah predicts that the Indian criminal justice system will ascend to a leading global position within five years of the full implementation of these laws. The legislative overhaul underscores the integration of technology and a heightened focus on forensic science in the realms of investigation, prosecution, and the judicial system.
The Bharatiya Nyaya Sanhita (BNS), poised to replace the IPC, introduces crucial amendments to criminal laws to align them with contemporary societal norms. Notable changes include the incorporation of ‘community service’ as a punitive measure for minor thefts and the inclusion of transgenders within the gender definition. Furthermore, the Nyay Sanhita introduces 20 new offenses, encompassing organized crime, terrorist acts, mob lynching, hit-and-run, sexual exploitation through deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity, and unity of India, and dissemination of false or fake news.
The comprehensive reforms broaden the scope of what constitutes terrorism and incorporate provisions for the death penalty in cases of mob lynching and rape of minors. In a progressive move, adultery, homosexual relations, and suicide attempts will no longer be deemed criminal offenses.
Of notable significance is the repeal of the sedition law, replaced with a new section that criminalizes acts endangering the sovereignty, unity, and integrity of India.
In a display of governmental responsiveness, the contentious clause 106(2) of the Bhartiya Nyaya Sanhita 2023, which proposed stricter punishments for hit-and-run cases, has been withheld from implementation. This decision honors the commitment made to the All India Motor Transport Congress and truck drivers, showcasing a balanced approach to legislative enforcement.
