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3 Criminal Laws to be replaced from 1st July
It was announced on Saturday by the Government Of India, that the three criminal laws namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act will be enforced from 1st July 2024.
The aforementioned laws are admitted in lieu of the Indian Penal Code (IPC), the Code of Criminal Procedure and the Indian Evidence Act. This move strives to dismantle the criminal justice system erected during the colonial times.
The demand for the same emerged in August 2023 in the form of a bill during the monsoon session of the parliament, after which it was subjected to multiple deliberations and discourses. Following the Standing Committee on Home Affairs’ series of recommendations, revised versions of the bills were presented during the winter session.
Union Home Minister Amit Shah emphasized that the bills were crafted after extensive consultations, with personal scrutiny extending to every detail, down to the punctuation marks.
The new legislation encompasses the mentioned provisions and amendments.
Bharatiya Nyaya Sanhita, 2023
The act is put in place as a replacement for The Indian Penal Code of 1860. The offense of sedition has been removed, yet a new provision targeting secessionism, separatism, rebellion, and actions against India’s sovereignty, unity, and integrity has been incorporated.
Furthermore, the death penalty has been prescribed for gang rape involving minors and instances of mob lynching. In a significant development, community service has been introduced as a form of punishment for the first time.
Bharatiya Nagarik Suraksha Sanhita, 2023
It is admitted in place of the Code of Criminal Procedure of 1973. A time-bound investigation, trial, and verdict are now mandated within 30 days following the conclusion of arguments.
Additionally, the compulsory video recording of statements from sexual assault victims has been implemented. Furthermore, a fresh provision allowing for the attachment of property and proceeds related to crime has been introduced.
Bharatiya Sakshya Adhiniyam, 2023
The Indian Evidence Act of 1872 has been superseded by this new legislation.Under this law, evidence admissible in courts encompasses electronic or digital records, such as emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mails, and messages on devices.
Furthermore, all records, including case diaries, FIRs, chargesheets, and judgments, are now required to be digitized. It is specified that electronic or digital records shall hold equal legal effect, validity, and enforceability as traditional paper records.
In face of the impending changes, the Government of India has clarified that the ongoing cases or the ones that will be registered before the enforcement of the new laws is due i.e. 1st July 2023 will come under the purview of the existing laws.
The enforcement of BNS, BNSS, and BSA, scheduled for July 1, 2024, was notified with an exception regarding Section 106(2) of BNS. This section stipulates up to 10 years of imprisonment for causing death due to reckless and negligent driving, along with escaping without reporting the incident to the police or magistrate. However, notifications regarding BNS and BNSS stated that Section 106(2) would not be implemented on the designated date (July 1, 2024).
Sources indicate that this decision aligns with the Home Ministry’s commitment to the All-India Motor Transport Congress (AIMTC) on January 2, 2024, following protests by truckers against the provision. The assurance was given that any determination regarding the enforcement of Section 106(2) would only be made after consultation with AIMTC.
Conclusion
In conclusion, the upcoming enforcement of new criminal laws in India signifies a significant modernization of the legal system. Crafted through meticulous consultation and addressing contemporary challenges, these laws aim to strengthen justice mechanisms while embracing digital evidence. Though certain provisions are deferred to address stakeholders’ concerns, the transition promises a more equitable and accountable legal framework, ensuring timely trials and enhanced punishments for serious offenses.
