This blog is written by Akanksha Rajput, a Third-year law student of Banasthali Vidyapith, Rajatshan

INTRODUCTION

Three new criminal codes, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), have significantly altered India's legal system. Originating in the colonial era, these new laws replaced the Indian Evidence Act of 1872, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Penal Code (IPC) of 1860. This extensive reform aims to keep the criminal justice system up to date with the demands of the contemporary world and the rapidly advancing technology. On December 25, 2023, the president ratified the new laws, and they became operative on July 1, 2024. Their goal is to rectify the flaws in the current legal framework.

HISTORICAL CONTEXT OF PUNISHMENT IN INDIA

· During the Vedic era, punishment centered on morality rather than formal codification, and justice was linked to dharma or righteousness.

· Mauryan Period: Following his conversion to Buddhism, Emperor Ashoka placed a strong emphasis on reform and forgiveness, embodying Ahimsa (non-violence).

· Gupta Period: Caste divisions affected punishments, but justice grew more structured with the king enforcing rules.

· Islamic Era: Throughout the Islamic era, severe punishments based on the Quran, Ijma, and Sunnah were implemented for crimes like adultery and robbery. Additionally, compensatory justice and retributive justice (Qiyas) were also in place.

· British Colonial Period: The 1860 Indian Penal Code (IPC) established a codified legal framework with a focus on control and deterrence. These colonial regulations became outdated as India developed.

KEY REFORMS IN THE NEW CODES

1. Bharatiya Nyaya Sanhita (BNS), which replaces the IPC, 1860

· Redefining Crimes: Hate crimes and mob lynchings are examples of contemporary risks that are now acknowledged. According to Kedar Nath Singh v. State of Bihar (1962), activities that compromise national integrity are now the emphasis of the definition of sedition.

· Community Service: Designed as a restorative justice tactic, community service is required for minor transgressions.

· Gender Protections: tougher punishments for offenses based on a person’s gender, addressing issues brought up in decisions such as the State of Rajasthan v. Vishaka (1997).

2. Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the Criminal Procedure Code (CrPC), 1973

· Digitalization: According to the State of Maharashtra v. Dnyaneshwar (2000), it is required to employ digital records and e-governance to speed up the legal system.

· Time-bound Trials: Trial schedules have been updated to account for postponements (Hussainara Khatoon v. Home Secretary, State of Bihar (1979).

· Zero FIRs and E-FIRs: By enabling citizens to report issues from anywhere, they can increase access to the legal system.

3. Bharatiya Sakshya Adhiniyam (BSA) which replaces the Indian Evidence Act, of 1872

· Electronic Evidence: Digital records are acknowledged as primary evidence in electronic evidence (State of Punjab v. Kesar Singh, 2006).

· Witness protection: According to K.K. v. State of Tamil Nadu (2005), it gives witnesses protection and strengthens their role in the legal system.

COMPARISON OF NEW AND OLD CRIMINAL LAWS

Penal Code

• Old Law: Indian Penal Code (IPC)

• New Law: Bharatiya Nyaya Sanhita (BNS)

• Details:

  • Number of Sections: 511 (Old) vs. 358 (New)

  • New Offenses Added: Only amendments (Old) vs. 21 new offenses like hate crimes and mob lynching (New)

  • Definition of Sedition: Punishable offense (Old) vs. Acts endangering national integrity (New)

  • Definition of Theft: Physical property only (Old) vs. Includes data and intangible items (New)

  • Punishment for Rape: Less stringent (Old) vs. Enhanced punishment (New)

  • Section 377: Criminalized certain sexual acts (Old) vs. Decriminalized consensual same-sex relations (New)

Procedure Code

• Old Law: Criminal Procedure Code (CrPC)

• New Law: Bharatiya Nagarik Suraksha Sanhita (BNSS)

• Details:

  • Number of Sections: 484 (Old) vs. 531 (New)

  • Police Custody: 15 days (Old) vs. Extended to 90 days (New)

  • FIR Registration: At relevant police station (Old) vs. Zero FIRs can be filed anywhere (New)

  • Forensic Investigations: Not mandatory (Old) vs. Mandatory for serious crimes punishable by 7 or more years (New)

Evidence Act

• Old Law: Indian Evidence Act

• New Law: Bharatiya Sakshya Adhiniyam (BSA)

• Details:

  • Number of Sections: 167 (Old) vs. 170 (New)

  • Electronic Evidence: Not recognized as primary proof (Old & New)

PUBLIC REACTION TO THE NEW CODES

Responses to the reforms have been divided from the public. Legal scholars have applauded the updating of antiquated colonial statutes, particularly the focus on expedited trials and enhanced safeguards for women. Critics of the wide definitions of organized crime and terrorism, however, continue to express alarm over possible abuses of police authority. While expressing cautious hope, civil society organizations have emphasized the need for equitable implementation and transparency.

SOCIAL IMPACT OF THE REFORMS

· Women and Children: By addressing a long-standing social issue, the stiffer penalties for gender-based violence offer promise for a more effective deterrent against crimes like rape and domestic abuse.

· Justice Accessible: Time-bound trials and Zero FIRs are attempts to make the legal system more approachable and less scary for the poor, which may increase public trust in the court system.

· Inclusivity and Digitalisation: The reforms increase the transparency and efficiency of the legal system by requiring digital processes and electronic evidence. This could potentially reduce corruption and procedural delays, which disproportionately impact the most vulnerable.

CHALLENGES AND CRITICISMS

· Concerns Regarding Police Powers: Growing police power has sparked worries about civil liberties, especially in light of anti-terrorism legislation. Opponents are concerned about possible abuse, especially in politically delicate circumstances.

· Problems with Implementation: Training judges and law enforcement officials to manage the new procedures is essential to the success of the initiative. Progress could be slowed by resistance to change, especially in rural regions with sparse digital infrastructure.

· Lack of Thorough Debate: The quick adoption of these reforms has come under fire for not allowing for enough public or legislative discussion, which has some questioning the validity of certain of their provisions.

CONCLUSION

The country's new criminal codes, which replace colonial-era restrictions with a more modern and equitable framework, are a brave step forward for India. These changes combine restorative justice, retribution, and deterrence to establish a judicial system that benefits all citizens. These rules have the potential to help India finally move past its colonial past and create a more modern, egalitarian legal system if they are applied successfully. Although the road ahead is difficult, there is a great deal of opportunity for change.

REFERENCES

1. Bharatiya Nyaya Sanhita Bill, 2023 (Ministry of Home Affairs, 2023)

2. Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023) (India)

3. The Bharatiya Nagarik Suraksha Sanhita, 2023' (Ministry of Home Affairs 2023)

4. Shubham Mehta, "Understanding the Indian Philosophy of Punishment" (2020) 5 Journal of Indian Legal Studies

5. Legal Scholars’ Reaction to India’s New Criminal Laws” (The Hindu, August 2023)

6. Kedar Nath Singh v State of Bihar AIR 1962 SC 955

7. State of Rajasthan v Vishaka (1997) 6 SCC 241

8. State of Maharashtra v Dnyaneshwar Laxman Rao Wankhede (2009) 15 SCC 200

9. Hussainara Khatoon v Home Secretary, State of Bihar (1979) 3 SCR 169

10. State of Punjab v Kesar Singh (2006) 13 SCC 559

11. K.K. v State of Tamil Nadu (2005) 8 SCC 702

The Impact of New Criminal Codes on Vulnerable Populations” (Indian Express, September 2023)