The Indian government has announced that three new criminal laws will come into effect from July 1, replacing the country’s colonial-era legislations. The Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill will replace the Indian Penal Code of 1860, Code of Criminal Procedure (CrPC) of 1973, and Indian Evidence Act of 1872.
These laws, cleared by Parliament and granted assent by President Droupadi Murmu last December, aim to modernize the legal framework and place greater emphasis on Indianness, the Indian Constitution, and the well-being of the people. Union Home Minister Amit Shah, during their introduction, highlighted the incorporation of technology and the heightened role of forensic science in the investigative, prosecutorial, and judicial processes.
The Bharatiya Nyaya Sanhita (BNS), set to replace the IPC, introduces significant reforms, including the concept of ‘community service’ as punishment for minor thefts and the inclusion of transgenders in the gender definition. The Nyay Sanhita introduces 20 new offenses such as organized crime, terrorist acts, mob lynching, hit-and-run, sexual exploitation of women by deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity, and unity of India, and the publication of false or fake news.
The new legislation expands the scope of what constitutes terrorism and introduces the provision of the death penalty for offenses like mob lynching and rape of minors. The laws also decriminalize adultery, homosexual acts, and suicide attempts.
The Sedition law has been replaced with a new section criminalizing acts that endanger the sovereignty, unity, and integrity of India, reflecting a significant overhaul of the legal landscape in the country. Union Home Minister Amit Shah has expressed confidence that these changes will position the Indian criminal justice system as one of the most advanced globally in the next five years.
