Bharatiya Nyay Sanhita: India to enact three new criminal laws from July 1

These legislative reforms garnered parliamentary approval and received assent from President Droupadi Murmu in December of last year.

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Edited By: Mayank Kasyap
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New Delhi: The Indian government has announced the implementation of three groundbreaking criminal laws slated to come into effect from July 1, marking a pivotal shift away from the country's antiquated colonial-era statutes. The Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023, are poised to replace the archaic Indian Penal Code of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872. These legislative reforms garnered parliamentary approval and received assent from President Droupadi Murmu in December of last year.

Evolution of legal framework: The path to reform

Introduced during the Monsoon session of Parliament in August 2023, the three bills underwent meticulous scrutiny and refinement, guided by inputs from the Standing Committee on Home Affairs. Subsequently, revised editions were presented during the ensuing winter session, underscoring the government's commitment to comprehensive legislative reform. Union Home Minister Amit Shah affirmed that the bills were crafted through extensive consultations, with meticulous attention paid to aligning them with the ethos of the Indian Constitution and the welfare of citizens.

A vision of progress?

Home Minister Amit Shah articulated that the new laws reflect a distinctively Indian approach, prioritizing national interests and societal well-being. He expressed confidence that the implementation of these statutes will catalyze the evolution of India's criminal justice system, positioning it among the most advanced globally within the span of five years.

PM Modi endorses it as a historic milestone

In December 2023, Prime Minister Narendra Modi hailed the enactment of the three criminal justice bills as a watershed moment in India's legal history. He underscored the transformative impact of these laws, heralding a new era characterized by legislation geared towards public service and welfare, effectively supplanting antiquated colonial-era frameworks.

Key provisions of the new legislation

The Bharatiya Nyaya Sanhita, 2023, replaces the archaic Indian Penal Code, 1860, ushering in several progressive amendments. Notably, sedition charges are replaced by penalties for secessionism and acts against India's sovereignty. Additionally, the legislation introduces the death penalty for gang rape of minors and mob lynching, while also incorporating community service as a punitive measure.

The Bharatiya Nagarik Suraksha Sanhita, 2023, replaces the outdated CrPC, 1973, emphasizing time-bound investigation and trial proceedings within 30 days. Moreover, the law mandates the video recording of victims' statements, ensuring enhanced transparency and accountability in the judicial process.

Finally, the Bharatiya Sakshya, 2023, supplants the Indian Evidence Act, 1872, by admitting electronic evidence and advocating for the digitization of all records, thereby streamlining the evidentiary process and modernizing legal proceedings.

In conclusion, the enactment of these progressive legislations signals a monumental leap forward for India's legal landscape, epitomizing the nation's steadfast commitment to fostering a more equitable, efficient, and transparent criminal justice system.