Starting July 1, 2024, India will implement three new criminal laws, which replace colonial-era legislations. These are:
1. **Bharatiya Nyaya Sanhita (BNS)**:
Replacing the Indian Penal Code (IPC), this new code renumbers and updates various sections. For example, the punishment for murder, previously under Section 302, is now under Section 101, and sedition laws have been redefined under Section 150 as "offences against the state"
(https://www.indiatoday.in/law/story/new-criminal-laws-to-come-into-effect-from-july-1-what-are-the-changes-2506610-2024-02-24)
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
2. **Bharatiya Nagarik Suraksha Sanhita (BNSS)**:
This replaces the Code of Criminal Procedure (CrPC). It includes new provisions such as stringent punishments for terrorism and lynching, reflecting contemporary security needs
(https://www.hindustantimes.com/india-news/three-new-criminal-laws-to-come-into-effect-from-july-1-101708765833972.html)
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
3. **Bharatiya Sakshya Act**:
This act replaces the Indian Evidence Act, streamlining and modernizing the rules of evidence to better suit current judicial practices
(https://www.indiatoday.in/law/story/new-criminal-laws-to-come-into-effect-from-july-1-what-are-the-changes-2506610-2024-02-24).
Here are additional details on the new criminal laws coming into effect in India from July 1, 2024:
Bharatiya Nyaya Sanhita (BNS)
- **Renumbering and Reclassification**:
Several sections from the Indian Penal Code (IPC) have been renumbered and redefined. For instance, the section for murder, previously Section 302, is now Section 101 under the BNS. The offence of sedition, which was Section 124-A in the IPC, is now addressed under "offences against the state" in Section 150.
(https://www.indiatoday.in/law/story/new-criminal-laws-to-come-into-effect-from-july-1-what-are-the-changes-2506610-2024-02-24) (https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
- **New Definitions and Terms**:
The new law introduces the term "Deshdroh" (traitor) in place of "Rajdroh" (sedition), eliminating references to the British crown. Terrorism is defined explicitly for the first time, with stringent punishments for acts endangering the nation's sovereignty and unity
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
- **Specific Offences**:
The new code includes updated provisions for various crimes. For example, gang rape, previously covered under Section 376 of the IPC, is now addressed in Section 70 of the BNS
(https://www.indiatoday.in/law/story/new-criminal-laws-to-come-into-effect-from-july-1-what-are-the-changes-2506610-2024-02-24).
Bharatiya Nagarik Suraksha Sanhita (BNSS)
- **Criminal Procedure Overhaul**:
This replaces the Code of Criminal Procedure (CrPC), introducing measures to expedite the judicial process and reduce delays. One of the goals is to ensure justice is delivered within three years, moving away from the protracted "tareekh-pe-tareekh" (date after date) culture
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
- **Enhanced Punishments**:
The BNSS mandates harsher penalties for severe crimes such as terrorism and lynching. The government has also increased the powers of magistrates to impose fines and declare individuals as proclaimed offenders
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
Bharatiya Sakshya Adhiniyam (BSA)
- **Modernized Evidence Rules**:
Replacing the Indian Evidence Act, this act updates the procedures and rules for handling evidence in court. It aims to streamline evidence collection, presentation, and admissibility, making the judicial process more efficient and transparent
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
Impact and Implementation
- **Public and Legal Reactions**:
The introduction of these laws has sparked significant discussion among legal experts and the general public. While some appreciate the modernization of the legal framework, others express concerns about the potential for misuse or overreach
(https://www.indiatoday.in/india/story/three-new-criminal-laws-replacing-penal-code-to-come-into-effect-from-july-1-2506588-2024-02-24).
- **Government's Assurance**:
The Union Home Ministry has stated that these changes will significantly enhance the efficiency and effectiveness of the criminal justice system, addressing contemporary legal challenges more robustly
(https://www.indiatoday.in/law/story/new-criminal-laws-to-come-into-effect-from-july-1-what-are-the-changes-2506610-2024-02-24).
These laws, passed by Parliament in December 2023 and signed by President Droupadi Murmu, represent a major shift from colonial-era legislation to a framework designed to meet modern legal and societal needs.