Three new criminal laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam — came into effect nationwide on Monday (July 1). These laws will replace the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act, respectively.
The new criminal laws would bring widespread changes in India’s criminal justice system and end colonial-era laws.
The recent criminal justice reform in India marks a significant shift in priorities, placing crimes against women, children, and the nation at the forefront.
Ahead of the laws coming into force, posters, meant for educating people about the new laws, were put up at various places, particularly near police stations, across the national capital.
Some of the posters, giving out information about the new laws, were seen at the police stations of Connaught Place, Tughlak Road, Tughlaqabad, and many more.
Bharatiya Nyaya Sanhita
Bharatiya Nyaya Sanhita has 358 sections (as against 511 sections of the Indian Penal Code). A total of 20 new crimes have been added to the Sanhita, and the imprisonment sentence has been increased for 33 crimes.
The amount of fine has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes.
Bharatiya Nyaya Sanhita has introduced a new chapter titled ‘Crimes against Women and Children’ to deal with sexual crimes, and has proposed changes in the provisions related to the rape of women below 18 years of age.
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Provisions related to the gang rape of a minor woman are consistent with the Protection of Children from Sexual Offences Act (Pocso). A provision for life imprisonment or death penalty in the case of girls below 18 years of age has also been made.
The Sanhita provides targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without the true intention to marry.
Terrorism has been defined for the first time in the Bharatiya Nyaya Sanhita, and it has been made a punishable offence.
In addition to this, the practice of filing zero First Information Report (FIR) has been institutionalised, and the FIR can be lodged anywhere, irrespective of the area in which the crime took place. Victim’s right to information has been ensured in these laws, including the right of the victim to get a copy of the FIR free of cost.
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nagarik Suraksha Sanhita has 531 sections (as against 484 sections of Code of Criminal Procedure).
A total of 177 provisions have been changed in the Sanhita and nine new sections as well as 39 new sub-sections have been added to it.
The Act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provision has been added at 35 places.
Bharatiya Sakshya Adhiniyam
Bharatiya Sakshya Adhiniyam will have 170 provisions (as against the original 167 provisions under the Indian Evidence Act), and a total of 24 provisions have been changed.
Two new provisions and six sub-provisions have been added, and six provisions have been repealed or deleted in the Adhiniyam.