The three new criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya (BS) – proposed by the Union Home Affairs will come into force from July 1, 2024.
The Bharatiya Nyaya Sanhita will replace the Indian Penal Code-1860, the Bharatiya Nagarik Suraksha Sanhita will replace the CrPC of 1973 and the Bharatiya Sakshya will replace the Indian Evidence Act of 1872.
The laws were passed by the Indian Parliament during last year’s Winter Session despite strong opposition from Opposition parties. It resulted in the suspension of 143 Opposition MPs – 97 Lok Sabha MPs and 46 Rajya Sabha MPs – from Parliament.
The three laws got the Parliament’s approval on December 21 last year and President Droupadi Murmu gave her assent on December 25.
How are the new laws different?
While replying to a debate on the three bills in Parliament, Union Home Minister Amit Shah claimed the three laws will bring comprehensive changes to the criminal justice system with a human-centric approach and a focus on imparting justice instead of imposing penalties.
For the first time, the word terrorism has been defined in the Bharatiya Nyaya Sanhita. It was absent in the IPC.
The laws have given a clear definition of terrorism, abolished sedition as a crime and introduced a new section titled “offences against the state”.
The Bharatiya Nyaya Sanhita lists offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity in the new avatar of the sedition law.
According to the laws, anyone purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, excites or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
According to IPC Section 124A, which deals with sedition, anyone involved in the crime may be punished with life imprisonment or with a three-year jail term.
Under the new laws, ‘Rajdroh‘ has got a new term ‘Deshdroh‘, thus doing away with the reference to the British crown.
The provisions of this Sanhita shall also apply to any offence committed by any citizen of India in any place without and beyond India, any person on any ship or aircraft registered in India wherever it may be and any person in any place without and beyond India committing offence targeting a computer resource located in India.
Under the new laws, the magistrate’s power to impose fines has been increased as well as the scope of declaring a proclaimed offender.
Shah had said the three legislations were drafted after comprehensive consultations and that he had gone through every comma and full stop of the draft legislation before bringing them to the House for approval.
Hit and run provision not in effect currently
The government, however, has decided not to implement the provision related to cases of hit and run by a vehicle driver as promised to truckers who had protested against it.
“In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the central government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force,” one of the notifications said.
After the laws were enacted the truckers protested the provision of Section 106 (2) which provides for 10 years imprisonment and a fine to those who cause the death of any person by rash and negligent driving of a vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer.
Union Home Secretary Ajay Bhalla had said the decision to invoke Section 106 (2) of the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress.
According to the Section 106 (2) of the BNS, “Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.”
How will new criminal laws replace IPC, CrPc?
The Bharatiya Nagarik Suraksha Sanhita, which will replace the CrPC, will have 533 sections. “A total of 160 sections have been changed, nine new sections have been added and nine sections have been repealed,” Amit Shah had told the Parliament.
The Bharatiya Nyaya Sanhita, which will replace the IPC, will have 356 sections instead of the earlier 511 sections, 175 sections have been amended, 8 new sections added and 22 sections have been repealed.
The Bharatiya Sakshya, which will replace the Evidence Act, will have 170 sections instead of the earlier 167. Twenty-three sections have been changed, one new section has been added and five repealed.
Training programme for police officers, investigators
After the three laws are notified, the Home Ministry will start a training programme for police officers, investigators and those linked to forensic fields.
The training will ensure the smooth implementation of these laws and fair, time-bound and evidence-based investigation and speedy trial, he said.
About 3,000 officers from various fields will be recruited to give training to police officers, investigators and those in forensic departments.
The training programme will cover almost 90 per cent of those needed to be trained within the next nine months to one year.
As per the new laws, generation and supply of records will be in electronic form like zero-FIR, e-FIR, chargesheet and victims will be provided information in digital form.
The first judgement under the new laws is expected to be delivered in three years from the day it is notified.
