What is Bharatiya Nyaya Sanhita? All you need to know about 'new replacement' of colonial-era laws

New Delhi: Narendra Modi-led government has announced the implementation of new criminal laws in India, heralding significant changes in the country's legal landscape. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam are set to replace the colonial-era Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872, respectively.

Question: When will the new criminal laws come into effect?

Answer: The enactment of the three laws received parliamentary approval on December 21 last year, followed by President Droupadi Murmu's assent on December 25. However, the effective date of these laws is slated for July 1, with certain provisions being exempted initially.

Question: What are some provisions under the new laws?

Answer: The new laws aim to overhaul India's criminal justice system comprehensively. One notable exemption concerns hit-and-run cases by vehicle drivers, which will not be immediately enforced. The government has opted for a phased approach, with certain contentious provisions subject to further deliberation.

Question: Why are there opposition and concerns regarding the new laws?

Answer: Transporters' associations across the country expressed concerns regarding specific provisions, particularly those related to hit-and-run accidents. The government has assured stakeholders, including the All India Motor Transport Congress (AIMTC), of consultations before implementing stringent measures.

Question: What changes were introduced through the Bharatiya Nyaya Sanhita?

Answer: The Bharatiya Nyaya (Second) Sanhita introduces a host of alterations to the existing legal framework. Notable changes include the addition of 20 new offences, the removal of 19 provisions from the IPC, and increased imprisonment sentences for 33 offences.

Question: What is the impact on offences, punishments?

Answer: The legislation enhances fines for 83 offences, introduces mandatory minimum punishments for 23 offences, and includes 'community service' as a penalty for six offences. Additionally, it broadens the definition of 'movable property' and introduces new chapters on offences against women and children, as well as 'inchoate offences.'

Question: What are some widening definitions and new chapters?

Answer: Under the new law, the definition of 'gender' now includes transgender individuals, while electronic and digital records are incorporated into the definition of documents. Notably, new chapters address organised crime, terrorist acts, mob lynching, and other contemporary issues.

Question: What was deleted? What was included?

Answer: Certain provisions have been removed, such as the attempt to commit suicide, while others, like beggary, have been introduced as forms of exploitation for trafficking. Additionally, the definition of grievous hurt has been revised, and community service is prescribed as punishment for minor thefts.

According to the BJP-led central government, the introduction of the Bharatiya Nyaya Sanhita and related legislation represents a landmark shift in India's legal framework, aiming to modernise and streamline the criminal justice system. While the changes are poised to address contemporary challenges, ongoing dialogue and stakeholder engagement are crucial for effective implementation.