India’s three new post-colonial criminal codes have been came into force Monday, marking the beginning of a new era in the country’s criminal justice system.
The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the colonial-era Indian Penal Code (IPC) which was promulgated by the British in 1862. The decades-old Code of Criminal Procedure, 1973 (CrPC), which provided the procedural framework for the administration of criminal law, has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Lastly, the Bharatiya Sakshya Adhiniyam (BSA), 2023 took place of the Indian Evidence Act, 1872. The aim for this uphaul was to decolonise the existing criminal laws and to address the urging need for revision of decades-old criminal codes.
The government previously introduced three criminal law amendment bills in August 2023, which were later withdrawn and revised based on recommendations from the parliamentary committee. These revised bills were subsequently passed in parliament in December amidst suspension of over 100 opposition members protesting over security breach. Later, the bills received president’s assent. In February, Ministry of Home Affairs (MHA) issued a notification designating July 1, 2024 as the date for the enforcement of the legislations. On April 30, the MHA sent an advisory regarding the training of police officials and the judiciary on the new aspects of the criminal reforms to ease the implementation process.
The enforcement of the three new criminal laws is marked by apprehensions due to significant changes brought by them, including the introduction of new crimes and altered timelines. The BNS now includes offenses such as organized crime and terrorism, which were previously addressed under specific laws like the Unlawful Activities (Prevention) Act (UAPA), raising concerns about potential misuse. Another addition in the BNSS is the provision for trials in absentia, allowing for the conviction of an accused in their absence. Additionally, the BNSS has removed the provision for statutory bail if an accused has multiple offenses against their name.
Section 106(2) of the BNS, which prescribes punishment for causing death by negligence, has been kept in abeyance following discussions with transporters’ associations. These groups had grievances because the section increased the imprisonment period from two years, as stipulated in Section 304A of the IPC, to ten years.
