Starting July 1, 2024, India will witness a significant transformation in its criminal justice system with the implementation of three newly enacted laws. These laws, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Act (BSA), are set to replace the colonial-era Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively【25†source】【27†source】.
Key Changes and Objectives
The primary objective of these new laws is to modernize and streamline India’s criminal justice system. Home Minister Amit Shah has emphasized that the new legislations aim to deliver a more human-centric approach, focusing on justice rather than mere penalization. This overhaul is expected to address outdated provisions and introduce clearer definitions and contemporary procedures for various offenses【28†source】.
1. Bharatiya Nyaya Sanhita (BNS):
- Replacement for IPC: The BNS will supplant the IPC, reassigning section numbers and updating definitions. For example, murder, which was previously under Section 302 of the IPC, will now fall under Section 101 of the BNS. Similarly, cheating, previously covered by Section 420 of the IPC, will now be under Section 316 of the BNS【25†source】.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS):
- Replacement for CrPC: The BNSS aims to enhance procedural efficiency and fairness in criminal investigations and trials. This new code will provide updated guidelines for law enforcement and judiciary, ensuring a more streamlined and just process【27†source】.
3. Bharatiya Sakshya Act (BSA):
- Replacement for Indian Evidence Act: The BSA will update and refine the rules of evidence, aiming to make them more relevant to current legal and technological contexts. This act will introduce new provisions to handle digital evidence and other modern forms of proof【26†source】【28†source】.
Legislative Process and Implementation
The Parliament approved these bills on December 21, 2023, and they received Presidential assent on December 25, 2023. The Union Home Ministry issued a notification confirming that the laws will come into effect from July 1, 2024【26†source】【28†source】.
Impact and Expectations
The introduction of these laws marks a significant step towards decolonizing India’s legal framework. By replacing the centuries-old IPC, CrPC, and Indian Evidence Act, the government aims to create a more efficient, just, and contemporary criminal justice system. Legal experts and stakeholders have expressed optimism that these changes will enhance the delivery of justice, reduce procedural delays, and better address the complexities of modern criminal activities.