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Revamping Justice: New Criminal Laws to Replace IPC, CrPC, and Evidence Act from July 1
In a significant overhaul of India's criminal justice system, the three new laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—are set to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act from July 1, 2024. The Union Home Ministry issued a gazette notification on Friday, formalizing the commencement of these transformative legislations.
However, Section 106(2) of BNS, relating to 'causing death by rash and negligent driving of a vehicle,' has been temporarily suspended. This provision, which drew public protests, entails a maximum prison sentence of ten years for offenders fleeing the scene of the crime instead of reporting to the authorities. The suspension allows for further deliberation on this contentious aspect.
The introduction of these three bills aimed at revamping the criminal justice system received the President of India's assent in December 2023, as officially notified on the Rashtrapati Bhavan website. Initially proposed as Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill, these bills underwent examination by a parliamentary committee headed by Brij Lal after being introduced in the Lok Sabha on August 11, 2023.
The Lok Sabha passed the bills on December 20, followed by the Rajya Sabha on December 21, marking a crucial step toward reforming India's legal framework. The forthcoming implementation of these laws signifies a comprehensive shift in the nation's criminal justice apparatus, addressing various aspects related to crimes, procedures, and evidence.
As India prepares for this legal transformation, the temporary suspension of a specific provision underscores the responsiveness of the legal system to public concerns, ensuring thorough scrutiny before the enactment of potentially contentious measures. The transition to the new legal framework is poised to bring about a significant impact on how justice is administered and perceived in the country.
Author: Anushka Taranya
News Writer, MIT ADT University