In a landmark shift in India’s legal landscape, three new criminal laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam — have come into effect across the country as of Monday. These laws replace the colonial-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively, heralding a new era in India’s criminal justice system.
First Case Registered Under New Laws
The first FIR (First Information Report) under the new criminal laws was registered on Monday at Delhi’s Kamla Market Police Station. The case was filed against a street vendor under Section 285 of the Bharatiya Nyaya Sanhita, on charges of obstructing a footover bridge at the New Delhi Railway Station.
Public Awareness Initiatives
In anticipation of the new laws coming into force, posters educating the public about these changes were put up at various locations, particularly police stations, across the national capital. Notable police stations such as Connaught Place, Tughlak Road, and Tughlaqabad prominently displayed these informational posters. The posters provided details on the new laws and highlighted the significant changes they bring to the criminal justice system.
Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita comprises 358 sections, down from the 511 sections in the IPC. It introduces 20 new crimes and increases the imprisonment sentences for 33 crimes. Additionally, the fines for 83 crimes have been raised, and mandatory minimum punishments have been established for 23 crimes. The Sanhita introduces community service penalties for six crimes and repeals 19 sections.
A notable addition is a new chapter on ‘Crimes against Women and Children’ to address sexual crimes. This chapter proposes significant changes to provisions related to the rape of women below 18 years of age, aligning with the Protection of Children from Sexual Offences Act (Pocso). Provisions for life imprisonment or the death penalty for gang rape of a minor girl are included, along with penalties for fraudulent marriage promises. Terrorism is defined for the first time and is punishable by death or life imprisonment without parole. The Sanhita also institutionalizes the practice of filing zero FIRs, allowing FIRs to be lodged anywhere regardless of the crime location. Victims’ rights to information, including free copies of FIRs and updates on investigation progress within 90 days, are ensured.
Bharatiya Nagarik Suraksha Sanhita
The Bharatiya Nagarik Suraksha Sanhita contains 531 sections, compared to 484 sections in the CrPC. It includes 177 changed provisions, nine new sections, and 39 new sub-sections. The Act introduces 44 new provisions and clarifications, adds timelines to 35 sections, and incorporates audio-video provisions at 35 points. Fourteen sections have been repealed.
Bharatiya Sakshya Adhiniyam
The Bharatiya Sakshya Adhiniyam features 170 provisions, up from the original 167. It has 24 changed provisions, two new provisions, and six new sub-provisions, while six provisions have been repealed.
Significant Reforms
These reforms mark a significant shift in India’s criminal justice priorities, focusing on crimes against women, children, and national security. The new laws are designed to modernize and streamline the legal framework, making it more relevant to contemporary societal needs.
The introduction of these new laws is a crucial step in ending the remnants of colonial-era legislation and advancing India’s commitment to justice and security for all its citizens.
