Union Home Minister Amit Shah has announced revamping of India's criminal justice system with three fresh criminal codes replacing the full colonial-era laws, including the Indian Penal Code.
From July 1, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam have replaced the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 respectively.
All these three laws cover the entire criminal justice jurisprudence which encompasses defining penal offences, explaining processes for investigation and evidence gathering and governing the trial process in court.
The three laws were passed by the then-BJP government in the Parliament in December through a voice vote in both Houses when many Opposition MPs were under suspension.
Two Chief Ministers of Opposition-ruled states, Mamata Banerjee and M K Stalin had written to Union Home Minister Amit Shah, asking to stop the implementation of the laws.
But Amit Shah has maintained that the changes were done to ensure "speedy justice and justice to all". However, the Opposition parties have a view that the new criminal laws have been implemented without thinking through
Among notable changes in the new laws, a few fresh offences have been introduced which include making a deceitful promise to marry (up to 10 years in jail); ‘mob lynching’ on the grounds of race, caste or community, sex… (life sentence or death penalty); snatching (up to 3 years in jail), stringent anti-terror and organized crimes.
In the new BNSS, the detention under police custody has been extended from the current 15-day limit under the CrPC to 90 days. This extension has raised concerns about detention for ordinary penal offences and an an individual's freedom.
The IPC, CrPC and Evidence Act will continue to apply for all offenses committed before July 1, while the new Sanhitas will apply to offenses committed after the gazette notification takes effect.
Why new laws have been introduced
According to the government, new criminal codes have been introduced to ensure speedy justice and include new crimes that were earlier not included. In the provision of the new laws, the judgments will now be given within 45 days of completion of trial and charges will be framed within 60 days of first hearing.
These laws also offer provision of Zero FIR, online registration of police complaints, electronic mode summonses through SMS and mandatory videography of crime scenes for all heinous crimes.
What's new in these laws
While the government has claimed that the new laws will modernize the Indian judicial system, critics have said there have been no considerable changes done to the existing legislation. Most of the provisions of the old laws have been kept but with new numbers and labels.
So, these laws offer nothing new except a new challenge to lawyers, judges and police, who will have to get acquainted with the new sequence of the very same old provisions causing a great deal of confusion. It is also to be noted that the old laws will continue to be used for at least two to three decades more as there are plenty of pending cases that took place before July 1, 2024.
The introduction of new laws have compelled the criminal justice system to apply parallel laws simultaneously, which will lead to potential confusion and errors.
First case filed under the new law
The first FIR under the new criminal code, Bharatiya Nyay Sanhita, was filed against a street vendor for obstructing a road near the New Delhi Railway Station.
The FIR was filed under Section 285 of the new criminal code that states, “Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees.”
.jpg&w=3840&q=75)
