The three new criminal laws, namely Bharatiya Nagrik Suraksha, Bharatiya Nyaya Sanhita, and Bharatiya Sakshya Adhiniyam, are scheduled to be implemented as state laws starting from July 1.
These legislations aim to comprehensively revamp the outdated British-era laws, providing a precise definition of terrorism, eliminating sedition as a crime, and introducing a new category called “offenses against the state,” among various other reforms. Here are the key highlights of the new criminal laws :
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Bharatiya Nyaya Sanhita, 2023:
- Replaces the Indian Penal Code of 1860.
- Eliminates sedition but introduces penalties for secessionism, separatism, rebellion, and acts against the sovereignty, unity, and integrity of India.
- Death penalty for mob lynching and minor gang rape.
- Introduction of community service as a punishment for the first time.
Bharatiya Nagarik Suraksha Sanhita, 2023:
- Replaces the Code of Criminal Procedure (CrPC) from 1973.
- Mandates time-bound investigation, trial, and judgment within 30 days of completing arguments.
- Mandatory video recording of statements of sexual assault victims.
- Introduces a new provision for the attachment of properties and proceeds of crime.
Bharatiya Sakshya, 2023:
- Replaces the Indian Evidence Act of 1872.
- Accepts digital or virtual evidence in courts, including data such as emails, server logs, computers, smartphones, laptops, SMS, websites, and messages on devices.
- Digitization of all information, including case diaries, FIRs, chargesheets, and judgments.
- Equates electronic or digital data with the legal effect, validity, and enforceability of paper records.
According to a notification from the Ministry of Home Affairs, these provisions will come into force on July 1, 2024, with certain exceptions.
Additionally, three revised bills were introduced in the Lok Sabha by Union Home Minister Amit Shah to replace the existing British-era criminal laws, and they received presidential assent on December 25 of the previous year. However, Section 106(2) regarding punishment in “hit and run” cases has been put on hold due to protests from transporters and drivers across the country.
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conclusion
In conclusion, the three new criminal laws, namely Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act, will replace the Indian Penal Code, Code of Criminal Procedure, and Evidence Act, becoming effective from July 1, as per the government notification.