Author: Yashmita Student of Guru Gobind Singh Indraprastha University, Delhi.
To The Point
India’s criminal justice system has long suffered from outdated colonial statutes, procedural delays, and a lack of victim- centric mechanism. In 2023, the Parliament replaced the Indian Penal Code, 1860, the Code of Criminal Procedure,1973, and the Indian Evidence Act,1872 with three new codes – the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These aim to modernize India’s criminal jurisprudence, prioritize public safety, and uphold constitutional values such as liberty, equality, and justice. These laws served as the backbone of the legal system, they were primarily drafted to protect the interests of a colonial administration rather than to deliver justice to citizen in a n independent, democratic republic.
Use of Legal jargon
The recent legislative overhaul introduces significant modification to substantive criminal law, procedure criminal law, and the law of evidence. Key amendment includes the reclassification of offenses, introduction of community services as a punitive measure, enhanced provisions for organized crime and terrorism, and the explicit recognition and admissibility of electronic evidence. The BNSS streamlines investigative and trial procedures, including mandates for forensic examination in serious offenses and permitting electronic modes for various proceedings. The BSA modernizes evidentiary standards, embracing digital records as primary evidence. These enactments underscore a shift from a retributive to a more rehabilitative and victim-centric approach, while also strengthening the state’s capacity to combat evolving form of criminality.
- Sanhita: statutory code or body of law
- Mens Rea: Guilty mind or intent in criminal liability
- Cognizable/non-cognizable offence: classification of offence based on police powers
- Decolonization of law: Removal of colonial- era legal frameworks
- Restorative justice: A system of criminal justice focusing on rehabilitation
- Plea bargaining: A negotiated agreement for a lesser sentence
- Summons and warrant cases: Legal classification of trial proceedings
- Bailable and non- bailable offences: types of offences based on right to bail
- Admissibility of Evidence: rules governing acceptance of evidence in trial
- Judicial discretion: judge’s authority in deciding legal matter
The Proof
The passing of the BNS, BNSS and BSA laws, which came into effect only July 1, 2024, is clear evidence that India has started changing its criminal laws. This law represents a comprehensive legislative effort to replace archaic statues with modern, citizen-centric alternatives. The BNS introduces new offenses like “snatching” (section 304) and explicitly penalizes sexual intercourse through deceptive means (section 69). The BNSS mandates forensic investigation for crimes punishable with 7 year or more imprisonment (section176) and permits electronic trials and inquiries (section173). The BSA recognizes electronic records as primary evidence (section 57), reflecting technological advancements. These provisions, along with changes in sentencing philosophy, demonstrate a clear legislative intent to reform
- Bharatiya Nyaya Sanhita (BNS), 2023- New Substantive Criminal law code replacing Indian Penal Code,1860 (IPC)
- Bharatiya Nagarik Suraksha Sanhita (BNSS),2023- New procedural law replacing Code of Criminal Procedure, 1973 (CrPC)
- Bharatiya Sakshya Adhiniyam, 2023 (BSA): New law of evidence replacing the Indian Evidence Act,1872
- Article 21 of the Indian Constitution- That every person has the right to live and the right to personal freedom.
- Article 39A: That everyone should get equal justice, and people who cannot afford a lawyer must be given free legal help.
- Universal Declaration of Human Rights, 1948 (Art.11): Right to a fair trial and presumption
Abstract
India’s criminal law reform in 2023 marks a historic break from its colonial legal inheritance. The three new Codes- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). It delineates the key changes from the erstwhile IPC, CrPC, and Indian Evidence Act, highlighting the shift towards a more efficient, equitable, and modern justice system. The article discusses the introduction of new offenses, procedural streamlining, and the enhanced role of technology in evidence and trials. It’s also touches upon the underlying philosophy of moving from a colonial – era punitive model to a citizen – first, justice – first approach, while acknowledge ongoing challenges in implementation and certain aspects that retain continuity with previous laws. While the reform is ambitious and long overdue, its success will depend on execution, judicial interpretation, and public awareness.
Case Laws
D.K.Basu v. State of West Bengal (1997): this case laid down guidelines for arrest and detention, emphasizing human rights and preventing custodial torture, influencing procedural safeguard in the BNSS.
Arnesh Kumar v. State of Bihar (2014): This judgement emphasized the need to avoid arbitrary arrests, pushing for rationalization of policed powers, a principle partially addressed in the new procedural code.
Vishaka v. State of Rajasthan (1997): Though specifically on sexual harassment at workplace, it highlighted the judiciary’s role in filling legislative gaps and the need for updated laws to address contemporary social issues, a broader theme informing the new statues.
Maneka Gandhi v. Union of India (1978): This case Expanded the scope of Article 21, establishing the principle of “procedure established by law” to be just, fair, and reasonable, a fundamental tenet that these new laws strive to uphold in practice.
Conclusion
The recent criminal law reforms in India represent a decisive step towards decolonizing and modernizing the nation’s justice delivery system. By replacing the antiquated IPC, CrPC, and the Indian Evidence Act with BNS, BNSS, and BSA, the government has signaled a commitment to a framework that is more responsive to contemporary societal needs, technological advancements, and the principle of justice and accountability. While the sheer scale of the changes will undoubtedly present implementation challenges, including the need for extensively capacity building for police, judiciary and forensic departments the new laws lay a robust foundation for a more efficient, victim-centric, and rights- sensitive criminal justice system. The shift from a focus on punishment to one on justice, coupled with the integration of technology and a clearer classification of offense, holds the potential to significantly enhance public trust and streamline the legal process in the years to come.
FAQs
Q1: What is the primary object of these reforms?
The primary object is to modernize and humanize India’s criminal justice system, moving away from its colonial- era from punitive nature towards a “citizen- first, justice- first” approach, focusing on streamlined procedure, victim rights, and incorporating technological advancement.
Q2: How do the new laws address technology in criminal proceedings?
The new laws, particularly the BNSS and BSA, extensively incorporated technology. This includes permitting electronic modes for trials, inquiries, and the proceedings, and the explicitly recognizing electronic records as primary evidence.
Q3: Are there any new offenses introduced in the Bharatiya Nyaya Sanhita (BNS)?
Yes, the BNS introduced new offenses such as “Snatching” and penalizes sexual intercourse through deceptive means, among others. It also provides for community services as a new form punishment for certain offenses.
