Transforming Justice: A New Era in Indian Criminal Law with Bharatiya Nyaya Sanhita, Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam
India has recently embarked on a historic transformation of its criminal justice system, marked by President Droupadi Murmu’s assent to three significant criminal law bills. These new laws, which replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, are now known as Bharatiya Nyaya Sanhita 2023, Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.
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The legislative journey of these bills through the Indian Parliament was a notable event, characterized by intense debate and scrutiny. After being passed by the Lok Sabha on December 20th and the Rajya Sabha on December 21st, these bills saw strong advocacy from Union Home Minister Amit Shah. He emphasized that for the first time in history, these bills would liberate people from a colonial mindset, focusing on justice rather than punishment. Shah highlighted that the new laws would put an end to the era of ‘tareekh pe tareekh’ (prolonged court dates), ensuring justice within three years.
Rajya Sabha Chairman Jagdeep Dhankar, reflecting on the passage of these bills, stated that they have unshackled India from the colonial legacy of its criminal jurisprudence, which was hurtful to citizens and favored alien rulers.
The Bharatiya Nyaya Sanhita 2023, which replaces the IPC, introduces 20 new crimes and revises penalties for various offenses. Amit Shah specifically pointed out its focus on crimes against women and children, stating that a new chapter titled ‘Crimes against women and children’ has been introduced to address sexual crimes, with stringent punishments including life imprisonment or the death penalty for heinous crimes against minors.
The Nagarik Suraksha Sanhita 2023, replacing the CrPC, comprises 531 sections and introduces significant changes to expedite the justice delivery system. Shah highlighted the inclusion of audio-video provisions at 35 places and the addition of timelines to 35 sections, aiming to make the legal process more efficient and transparent.
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The Bharatiya Sakshya Adhiniyam 2023, replacing the Indian Evidence Act, incorporates 170 provisions and reflects India’s commitment to modernizing evidence handling, especially in digital formats. The reforms are characterized by a shift towards modernization, focusing on digitization and information technology. Shah underscored the emphasis on mandatory video recording of search and seizure procedures among other modern practices.
The new laws also tackle contemporary challenges like terrorism and organized crime. Shah defined terrorism for the first time in Bharatiya Nyaya Sanhita, making it a punishable offense. He detailed the definition, stating that acts intended to endanger India’s unity, integrity, sovereignty, security, or economic security, or to spread terror, using explosive substances or other harmful means, are considered terrorist acts.
Despite the transformative nature of these bills, they faced criticism for potential human rights violations and lack of safeguards against law enforcement excesses. Opposition leaders and legal experts raised concerns, leading to some modifications based on recommendations from the standing committee.
In conclusion, the enactment of these laws marks a significant milestone in India’s legal history. By replacing colonial-era laws with more contemporary, just, and citizen-centric legislation, India is poised to create a more efficient, transparent, and humane criminal justice system. The emphasis on modernization, human rights, and addressing current societal challenges reflects a progressive shift in India’s approach to law and order. This comprehensive reform demonstrates India’s commitment to evolving its legal framework in line with democratic values and societal needs.
