Starting July 1, new criminal laws will replace colonial-era codes. These laws will supersede the codes from the British era.
The government announced on Saturday that three new criminal laws:
- Bharatiya Nyaya Sanhit
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Sakshya Adhiniyam
Will replace
- The British-era Indian Penal Code (IPC)
- Indian Evidence Act
- Code of Criminal Procedure (CrPC)
These laws are set to completely overhaul the country’s criminal justice system. According to identical notifications issued by the Union Home Ministry, the provisions of these new laws will take effect from July 1.
The Parliament passed:
- The Bharatiya Sakshya Sanhita, 2023
- The Bharatiya Nagarik Suraksha Sanhita Bill, 2023
- The Bharatiya Nyaya Sanhita, 2023
On December 21 last year.
These bills received assent from President Droupadi Murmu on December 25, 2023, thereby becoming law. They will replace the Indian Evidence Act, 1872, the Criminal Procedure Code, 1973, and the Indian Penal Code (IPC).
However, the government has opted not to enforce the provision concerning hit-and-run cases by vehicle drivers, as initially promised to truckers who protested against it.
One of the notifications stated:
Truckers Protest and Government Response:
After the enactment of the laws, truckers protested against Section 106 (2). Which prescribes 10 years imprisonment and a fine for causing death due to rash and negligent driving of a vehicle without reporting it to a police officer.
Union Home Secretary Ajay Bhalla stated that:
A decision on invoking Section 106 (2) of the Bharatiya Nyay Sanhita would only be made after consulting with the All India Motor Transport Congress.
Definition of Terrorism:
For the first time, the Bharatiya Nyaya Sanhita provides a clear definition of terrorism, a term previously absent in the IPC.
The laws define terrorism and abolish sedition as a crime, introducing a new section titled “offences against the state.”
Offences Against the State:
The Bharatiya Nyaya Sanhita lists various offences against the state, including acts of :
- secession
- armed rebellion
- subversive activities
- separatist activities
- actions endangering sovereignty or unity.
According to the laws, individuals who intentionally or knowingly, through spoken or written words, signs, visible representation, electronic communication, financial means, or other means, incite or attempt to incite secession, armed rebellion, subversive activities, or encourage separatist sentiments or actions endangering India’s sovereignty, unity, and integrity, will face imprisonment for life or up to seven years, along with fines.
Updates in the Legislation:
The new laws have replaced ‘Rajdroh‘ with the term ‘Deshdroh‘ (traitor), eliminating the reference to the British crown. Additionally, the magistrate’s authority to levy fines has been enhanced, along with an expansion in the scope of declaring individuals as proclaimed offenders.
Promises of Swift Justice:
Union Home Minister Amit Shah, while presenting the criminal bills in the Rajya Sabha, emphasized that once implemented, these laws will mark the end of the ‘tareekh–pe–tareekh‘ (date of next hearing in a case) era, ensuring that justice is delivered within three years.
