New Acts: The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshaya Act are set to be enacted on July 1st.
The government has notified that three new criminal laws, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshaya Act, will replace the Indian Penal Code, Code of Criminal Procedure, and Evidence Act, taking effect from July 1st. These new laws represent a comprehensive overhaul of the existing British-era legal framework. They aim to redefine terrorism more clearly, eliminate sedition as a criminal offense, and introduce a new section titled “offenses against the state,” among various other reforms.
In August 2023, during the Monsoon session of Parliament, these three pieces of legislation were initially introduced. The redrafted versions were introduced in the winter session following multiple recommendations by the Standing Committee on Homa Affairs. Amit Shah, the Union home minister, stated that extensive deliberations went into the drafting of the measures and that he reviewed every comma and full stop.
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These are the new law’s principal lessons.
The Bharatiya Nyaya Sanhita, 2023
This replaces the Indian Penal Code of 1860.
Sedition has been repealed, but a new clause has been added to punish secessionism, separatism, rebellion, and acts against India’s sovereignty, unity, and integrity.
Death punishment for gang rape of minors and mob lynching.
For the first time, community service has been used as a punishment.
The Bharatiya Nagarik Suraksha Sanhita, 2023
These new laws will supersede the Code of Criminal Procedure, 1973.
Timely inquiry, trial, and verdict within 30 days of the conclusion of arguments.
Video recordings of sexual assault victims’ statements are now mandated.
A novel provision has been introduced for the attachment of property and proceeds of crime.
Bharatiya Sakshya, 2023
This has replaced the Indian Evidence Act of 1872.
Evidence presented and deemed admissible in courts will now encompass electronic or digital records, such as emails, server logs, data from computers, smartphones, laptops, SMS messages, website content, locational data, as well as communication via mail and messages on devices.
The digitization of all records, including case diaries, FIRs, chargesheets, and judgments, will be implemented.
Electronic or digital records will hold the same legal significance, validity, and enforceability as their paper counterparts.