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India's Criminal Justice System Set for Overhaul with New Laws

Feb 25, 2024
Author: BI Bureau

New Delhi: The Indian government has announced the implementation of three groundbreaking criminal laws, slated to revolutionise the country's legal landscape. Scheduled to come into effect on July 1, 2024, these laws mark a significant departure from colonial-era statutes, ushering in a modernised framework aimed at enhancing citizen security and bolstering judicial efficacy.

The trio of legislations—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—represent a comprehensive overhaul of India's criminal justice system. Passed by Parliament on December 21, 2023, and subsequently receiving presidential assent on December 25, 2023, these laws are poised to replace archaic statutes such as the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.

However, amidst anticipation for these transformative measures, the government has opted to delay the enforcement of a specific provision within the Bharatiya Nyaya Sanhita. Notably, Section 106(2), pertaining to cases of fatal accidents caused by negligent driving, has been put on hold. This decision comes in response to widespread protests from truckers, who raised concerns regarding the severity of penalties outlined in the provision.

Union Home Secretary Ajay Bhalla emphasised that the implementation of Section 106(2) will be contingent upon consultations with stakeholders, particularly the All India Motor Transport Congress. This move underscores the government's commitment to engaging with affected parties and ensuring a balanced approach to legislative enforcement.

Among the noteworthy reforms introduced by these laws is the explicit definition of terrorism within the Bharatiya Nyaya Sanhita—a significant departure from the previous legal framework. Additionally, sedition, long regarded as a contentious issue, has been abolished as a criminal offense. Instead, a new category titled "offences against the state" has been introduced, delineating acts of secession, armed rebellion, subversive activities, and threats to national sovereignty.

Furthermore, the laws delineate stringent penalties for individuals inciting or engaging in activities deemed detrimental to the unity and integrity of the nation. Whether through verbal or written communication, electronic mediums, or financial support, perpetrators of such acts will face severe repercussions, including imprisonment and fines.

The imminent implementation of these laws underscores India's commitment to modernising its legal framework, aligning with contemporary realities, and safeguarding the rights and security of its citizens. As the nation prepares for this landmark transition, stakeholders across various sectors are poised to navigate the evolving legal landscape, ensuring a more equitable and just society for all. /BI/