Bharat Progress Report: Bharatiya Nyaya Sanhita Replaces Colonial-Era Laws

In a landmark reform to India’s criminal justice system, the Centre has passed three new laws in a bid to overhaul this archaic colonial-era framework. As of July 1, 2024, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) came into effect, replacing the Indian Penal Code (IPC), 1860, Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872.

These new laws were passed by Parliament in December 2023 and received the President’s assent on December 25, 2023.

The overhaul aims at modernising the criminal justice system, providing efficiency and ensuring the delivery of justice quickly. The new laws will therefore help battle the challenges brought about today, incorporating current provisions relative to today’s technological aspects and societal transformation.

Key Featuresn Of BNS

The Bharatiya Nyaya Sanhita or BNS, a replacement to the IPC has introduced new provisions which would be game changers. With 358 sections, it covers modern crimes such as terrorism, cybercrime, and sexual offenses, which were either insufficiently addressed or entirely absent in the IPC. Notably, under BNS, there is a complete framework on Crimes Against Women and Children, particularly on gang rape and sexual violence against minors. The act now prescribes life imprisonment or even the death penalty for the gang rape of women under 18 years of age.

Terrorism has also been defined for the first time, and acts that threaten the sovereignty, unity, and integrity of the nation have been made punishable. In these provisions, BNS is expected to deal with both petty crimes and major national security threats better.

Under BNSS, which supersedes the CrPC, has in it some substantial reforms on speedy trials and justice delivery. The law introduces certain timelines for various stages of the criminal process, that is, arrests, investigation, trial, and judgment. This change is also expected to bring an end to the long delays witnessed over the decades in India’s courts.

Meanwhile, the Bharatiya Sakshya Adhiniyam (BSA), which replaces the Indian Evidence Act, 1872, has made changes to how evidence is handled in courts. The new law includes provisions for digital evidence and introduces clearer guidelines for the admissibility of electronic data in court proceedings.

Focus On Speedy Justice And Accessibility

The primary objective of the new laws is to ensure access to justice for all. In his statement, Union Home Minister Amit Shah emphasized that the new system would focus on justice rather than punishment and ensure timely delivery. This marks a significant shift from the previous system, where trials often took years or even decades to conclude.

The introduction of timelines for all aspects of the criminal process at different stages of the BNSS, for instance, the Criminal Proceedings Initiation from Start to Judgment, can prove to be a strong first step toward that ideal objective. This way, even the justice system shall face accountability and transparency to greater extents.

Though these enactments have been widely acclaimed, the journey has not been smooth. Many legal authorities and opposition leaders have termed it a rush through these laws, without enough debates and consultation. Ashwini Kumar, former Union Law Minister, was sharp on this issue as “the introduction of these bills were too swift, with far-reaching critical reforms which warrant exhaustive discussions with all stake-holders”.

As the new laws take effect, law enforcement agencies like the Delhi Police have already started the training process of officers to suit the new regulations. There is a specialized training program in collaboration with National Law University, Dwarka, that has been launched for police officers to familiarize them with the application of the new laws. The training will be held in phases, and officers of all ranks will be covered, so that the changes reach the grassroots level.

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