India’s new criminal laws, which came into effect on July 1, 2024, have significantly overhauled the country’s criminal justice system by replacing colonial-era statutes with three new codes:
- Bharatiya Nyaya Sanhita (BNS) – replacing the Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita (BNSS) – replacing the Code of Criminal Procedure
- Bharatiya Sakshya Adhiniyam (BSA) – replacing the Indian Evidence Act
These reforms aim to modernize the legal framework, emphasizing a victim-centric approach, enhancing national security, and incorporating digital and electronic evidence.
Courts are now required to deliver judgments within 45 days after the conclusion of arguments, and charges must be framed within 60 days of the first hearing.
Police investigations in cases involving women and children must be completed within two months.
The death penalty has been introduced for gang rape of minors and mob lynching.
Sedition laws have been replaced with provisions penalizing acts that threaten India’s sovereignty, unity, and integrity.
Trials in absentia are permitted for serious offenses.
Police raids and seizures must be videotaped, and forensic experts are required to visit crime scenes for serious offenses.
Digital records, such as emails and server logs, are now admissible as evidence.
Community service has been introduced as an alternative punishment for minor offenses like defamation.
Public and Legal Community Response:
The implementation of these laws has sparked significant debate and protest:
- Lawyers and activists have expressed concerns that the new laws grant excessive powers to the police and may burden the justice system.
- Thousands of lawyers in Delhi went on strike, boycotting court hearings to protest the changes.
- Amnesty International has criticized the laws, warning they could be used to suppress dissent.
- Senior advocate Indira Jaising has cautioned that the laws could lead to a “legal and judicial mess,” potentially endangering life and liberty.
Ongoing Developments:
The Supreme Court of India is set to rule on the new penal code’s stance on marital rape, as the current laws do not criminalize it, leading to petitions from human rights organizations.
Sources