India is poised for a significant transformation in its criminal justice system as three new laws, namely the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill, are scheduled to come into effect from July 1. This groundbreaking development will replace the longstanding colonial-era legislations – the Indian Penal Code of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872.
The announcement, made by the government on Saturday, follows the parliamentary approval and the assent granted by President Droupadi Murmu last December. Union Home Minister Amit Shah, while introducing these legislations, highlighted their emphasis on “Indianness, the Indian Constitution, and the well-being of the people.”
The Bharatiya Nyaya Sanhita, 2023, takes precedence by replacing the Indian Penal Code of 1860. Key highlights include the removal of sedition as a crime, introducing a new section titled “offences against the state,” and prescribing death penalty for gang rape of minors and mob lynching. Notably, community services have been incorporated as a form of punishment for the first time.
In place of the Code of Criminal Procedure (CrPC) of 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023, is set to usher in reforms ensuring time-bound investigation, trial, and judgment within 30 days of completing arguments. This law also mandates video recording of the statements of sexual assault victims and introduces a provision for the attachment of property and proceeds of crime.
The Bharatiya Sakshya, 2023, replaces the Indian Evidence Act of 1872 and marks a significant shift toward digitization. Electronic or digital records, including emails, server logs, computers, smartphones, and locational evidence, will now be admissible in courts with the same legal effect, validity, and enforceability as paper records. This law also emphasizes the digitization of all records, including case diaries, FIRs, chargesheets, and judgments.
The comprehensive reforms are expected to position India’s criminal justice system as the most advanced globally within five years of implementing these transformative laws. The meticulous drafting, wide consultations, and the removal of archaic provisions demonstrate the government’s commitment to modernizing and streamlining the legal framework, fostering a system that aligns with contemporary societal needs.
