In a significant development that aims to revolutionize the country's criminal justice system, the three new criminal laws come into effect from July 1 onwards. These laws which are known as the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) are set to replace the long-standing legal frameworks of the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872, respectively.
Legislative Journey and Approval
The journey of these new laws began in Parliament last December where they were thoroughly debated and subsequently passed. On December 21, 2023, the Parliament gave its approval to the three new statutes. Shortly thereafter on December 25, 2023, President Droupadi Murmu provided her formal assent and then laws were published in the official gazette which led to marking the final step in their legislative process.
Simplification and Modernization
The Bharatiya Nyaya Sanhita combines the law into 358 sections by reducing the number of sections from 511 in the IPC. This simplification aims to make the law more accessible and easier to understand.
New Crimes and Enhanced Penalties
The new law introduces 20 new crimes and increases the imprisonment sentence for 33 crimes. Fines have been increased for 83 crimes and mandatory minimum punishment has been introduced for 23 crimes. Community service has been introduced as a penalty for six crimes.
Protection of Women and Children
A new chapter, "Crimes against Women and Children," has been added to address sexual crimes. The law provides for life imprisonment or the death penalty for gang rape of minors and 20 years imprisonment or life imprisonment for all cases of gang rape. The Sanhita also targets persons engaging in sexual intercourse or promising to marry without a true intention to marry with targeted penalties.
The Bharatiya Nyaya Sanhita marks a significant step towards reforming the justice system, prioritizing justice over punishment and providing speedy justice for all. The simplification and modernization of the law, introduction of new crimes and enhanced penalties aim to create a more effective and efficient justice system. The protection of women and children is a significant aspect of the new law by ensuring that vulnerable sections of society receive the protection that they deserve.
Defining Terrorism and Expanding Criminal Offences
For the first time, terrorism has been explicitly defined in the Bharatiya Nyaya Sanhita encompassing acts of armed rebellion, subversive activities, separatist movements or any actions that threaten India's sovereignty, unity and integrity. In addition to this, minor organized crimes are now recognized as criminal offenses which are carrying penalties of up to seven years of imprisonment.
Bharatiya Nagrik Suraksha Sanhita: set to replace Criminal Procedure Code
The Bharatiya Nagrik Suraksha Sanhita is set to replace the existing Code of Criminal Procedure (CrPC), expanding from 484 sections to 531. Significant modifications have been made with 177 provisions altered, nine new sections and 39 new sub-sections added. The draft legislation includes 44 new provisions and clarifications that introduces timelines for various procedural steps and incorporates audio-video provisions in 35 instances. Additionally, 14 sections have been repealed that is reflecting a thorough revamp aimed at enhancing the efficiency of the criminal justice process.
Ensuring Speedy Justice
A notable feature of the new legislation is the introduction of timelines in 35 sections of the Bharatiya Nagrik Suraksha Sanhita that is aimed at ensuring the swift delivery of justice. These timelines pertain to the initiation of criminal proceedings, arrests, investigations, charge sheets, magistrate proceedings, cognizance, charges, plea bargaining and the appointment of Assistant Public Prosecutors, trials, bail, judgments, punishments and mercy petitions. This structured approach aims to curtail delays and advance the judicial processes.
Revisions in Bharatiya Sakshya Adhiniyam
The Bharatiya Sakshya Adhiniyam which governs evidence law, this has also been revised. The number of provisions has increased from 167 to 170 with 24 provisions modified, two new provisions, and six sub-provisions added. Six provisions have been repealed which is indicating a substantial update to the evidentiary framework.
Ending the Era of "Tareekh Pe Tareekh"
The comprehensive implementation of these new criminal laws is intended to put an end to the prolonged delays in justice delivery often termed as the "tareekh pe tareekh" era. Union Home Minister Amit Shah has assured that justice will be administered within three years, a significant improvement from previous timelines.
Controversy and Criticism
The rapid introduction and implementation of these laws have faced criticism. Former Union Law Minister and Congress leader Ashwini Kumar expressed concerns over the lack of thorough discussion and consultation with stakeholders. He pointed out that the legislative process did not involve adequate debate in the Parliament committee or extensive discussions in the House that led to raising questions about the democratic process.
The enactment of the Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam signifies a pivotal shift in India's criminal justice system. While the promise of swift justice and modernization is encouraging, the real test lies in the effective implementation and adaptation to these changes by all stakeholders involved.
New Criminal Laws: A Double-Edged Sword?
The newly introduced criminal laws that are aimed at modernizing the justice system have sparked concerns among legal experts and civil rights activists. While the laws intend to address contemporary issues and technologies, critics argue that they grant unregulated powers to law enforcement agencies, potentially infringing on civil liberties.
Advocate Sumit Gehlot warns that the new laws lack checks and balances, safeguards, and safety provisions, making them prone to misuse. He specifically highlights the Sedition Law under Section 150 of the Bharatiya Nyaya Sanhita (BNS) which he believes has been made more draconian and may be challenged in constitutional courts.
Hasty Passage and Lack of Consultation
Former Union Law Secretary PK Malhotra criticizes the hasty passage of the laws which were enacted when 25% of Lok Sabha members were suspended and denying them the opportunity to participate in the debate. He believes that more consultation with stakeholders would have allowed the government to address deficiencies now causing concern.
Adapting to Change
Senior Advocate NS Nappinai acknowledges that resistance to change is natural but emphasizes the need for transparency and effective implementation. She hopes that an escalated process has been adapted to bring the system up to speed, as the changes to procedural aspects needed more time for effective adaptation.
Delhi Police Takes the Lead
In a positive move, the Delhi Police has commenced a focused training program for its officers to adapt to the new criminal laws. The Delhi Police Academy in collaboration with the National Law University has designed training modules to cover all officers from Spl CsP to Constables in a phased manner that will be ensuring proficiency in the application of the new laws.
The new criminal laws aim to modernize the justice system, but concerns about unregulated powers, potential misuse and hasty passage need to be addressed. As the laws are here to stay, effective implementation, transparency, and adaptation are crucial to striking a balance between justice and civil liberties.
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