For decades, the Indian Penal Code (IPC), Indian Evidence Act and Code of Criminal Procedure have shaped India's legal system. While these laws have provided a foundation for justice, they have increasingly failed to address the complexities of modern India. A new era has dawned and India has taken great steps towards evolution in the field of law with the introduction of new criminal laws.
The initiative originated in 2020 when the Committee for Reforms in Criminal Laws (CRCL) was established and chaired by Prof Dr Ranbir Singh. The transformative bills, named Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA) and Bharatiya Nagarik Suraksha Sanhita (BNSS) promise to bring about a rebirth by replacing these outdated and erstwhile statutes with new legal frameworks that are specifically designed for the needs of 21 st century. These new laws have unshackled the Indian Criminal Justice system from colonial legacy. Praising the new laws for keeping the focus on justice rather than punishment, A monumental and revolutionary change that the ‘Dand’ Sanhita has now become the ‘Nyaya’ Sanhita.
The East India Company played a key role, in shaping this transformation alongside the introduction of court systems and the establishment of the High Court. These developments set the foundation, for the enactment of codes in the 1860s. These new bills have been revised based on recommendations, from the Standing Committee and have been approved by both Houses of Parliament. President Droupadi Murmu gave her assent on December 25, 2023, and which came into effect on July 1, 2024. The need for reforms and changes in legislation is the realisation that the existing laws are outdated remnants of the colonial era reflecting a criminal justice system that aimed to oppress rather than serve justice. Many sections of the old laws have become irrelevant and obsolete requiring an overhaul.
New criminal law Bharatiya Nyaya Sanhita of 2023 is an endeavour to redefine and redirect the code and has replaced the erstwhile Indian Penal Code, 1860. Through amending, repealing and adding sections this law aims to take a nuanced approach towards offences by imposing penalties on actions that pose a threat to the sovereignty, unity and integrity of India. Additionally, it tackles challenges like terrorism, organised crime, by differentiating between serious and minor offences and imposing strict punishments for serious offences. The idea of ‘Community Service’, as a penalty for crimes is now being implemented under the law focusing on a more rehabilitative approach to justice. The recent legislation has added “snatching” as an offence, under Section 304 of the Bharatiya Nyaya Sanhita.
The Bharatiya Nagarik Suraksha Sanhita, 2023, aims to refine our Criminal procedure system. By setting timelines for investigations it intends to ensure that justice is more accessible and responsive to the needs of the people. In this new criminal law, one notable change can be seen in Section 176 of the Act, which mandates investigation for crimes carrying a punishment of seven years imprisonment or more.
This means that appointed experts will be involved in conducting on-site investigations. Additionally, Section 173 of the Bharatiya Nagarik Suraksha Sanhita embraces the new digital age by allowing digital methods for trials, inquiries and proceedings. This shift towards documentation and proceedings aligns with advancements in technology and helps streamline legal processes.
One revolutionary concept is the implementation of Zero FIRs. According to Section 173 of the Act, individuals have the right to file a First Information Report (FIR) at any police station, for a cognisable offence regardless of its jurisdiction. It states that the FIR must be transferred to the police station for handling crimes committed in that particular area within a span of 15 days. Crime and criminal tracking systems will be used for the benefit of the public.
The Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act of 1872 resulting in alterations to the structure of Evidence Law. In today’s environment, where technology holds great importance, this new criminal law acknowledges electronic evidence, as any information produced or transmitted by a device or system that can store or recover data. Section 57 of the Bharatiya Sakshya Adhiniyam emphasises the recognition of electronic records as primary evidence. Moreover, the Act includes provisions that enable the electronic presentation of even oral evidence. This advancement makes it possible for witnesses to testify remotely ensuring that digital records hold the same significance as traditional paper documents. Section 24 of the Act, expands on the idea of joint trials.
India’s criminal laws have sparked a closer look into the difficulties, consequences and objections associated with these changes. A particular area of concern that has garnered increased scrutiny is the increase in the duration of police custody under the Bharatiya Nagarik Suraksha Sanhita. Raising the limit from 15 days to either 60 or 90 days depending on the severity of the offence brings up questions about striking a balance, between law enforcement requirements and protecting civil liberties.