Seismic Shift in India’s Legal Landscape as New Criminal Laws Take Effect
Historic Legal Overhaul: India Implements Three New Criminal Laws
Century-Old IPC, Evidence Act, and CrPC Replaced Amidst Legal Community Concerns and Calls for Reform
New Delhi — In a historic move, India’s legal system undergoes a monumental transformation today with the implementation of three new criminal laws. The newly introduced Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA), and Bharatiya Nagarik Suraksha Sanhita (BNSS) replace the century-old Indian Penal Code (IPC), Indian Evidence Act, and Code of Criminal Procedure (CrPC). These laws aim to modernize and decolonize India’s criminal justice system, but their implementation has ignited significant concerns within the legal community.
Background and Implementation
The Parliament passed these laws in December last year, followed by Presidential assent shortly after. Despite this clearance, the Union Government deferred their implementation, officially notifying on February 24 that they would take effect from July 1. This marks a significant departure from colonial-era laws, as the new legislations aim to replace the IPC (1860), the Evidence Act (1872), and the CrPC (1973).
Legal Fraternity’s Concerns
The transition to the new legal framework has not been without challenges. Numerous prominent legal experts, State Bar Councils, and Bar Associations have expressed their apprehensions. The Bar Council of India recently assured the legal community that it would convey their concerns to the Union Government. Additionally, it proposed forming an expert committee to study the new enactments and appealed to lawyers to refrain from protests.
Critics argue that the new laws provide little substantive reform. They claim that most provisions from the old laws have been retained with minor renumbering and relabeling. This, they argue, will cause unnecessary hardship for police, lawyers, and judges who must learn the new sequence of familiar provisions. Concerns have also been raised about the parallel application of old and new laws for pending cases and offences committed before July 1, potentially leading to confusion and errors.
Key Changes and Criticisms
One of the significant changes under the BNSS is the extension of police custody up to 90 days from the previous 15-day limit under the CrPC, raising concerns about personal liberty. Chief Justice of India DY Chandrachud emphasized that the new laws would have a positive impact only if investments in infrastructure and capacity building for forensic experts and investigating officers are made promptly.
The BNS introduces 20 new offences, increases imprisonment sentences for 33 crimes, and mandates minimum punishments for 23 crimes. It includes new provisions for crimes against women and children, enhances penalties for gang rape of minors, and introduces community service as a penalty for certain offences. However, it retains controversial elements like the marital rape exception and ambiguous provisions that critics fear could stifle freedom of speech.
Opposition and State Reactions
The laws were passed amidst opposition protests and suspensions of MPs. Chief Ministers Mamata Banerjee of West Bengal and M K Stalin of Tamil Nadu sought to defer their implementation, citing procedural and substantive issues. Karnataka and Tamil Nadu objected to the titles of the laws, invoking Article 348 of the Constitution, which mandates that legislations introduced in Parliament must be in English.
In preparation for the new laws, the Uttar Pradesh government has approved an ordinance to make exceptions in anticipatory bail provisions and amend several public security laws. The Ministry of Home Affairs has also issued a gazette notification assigning powers under the new laws to Lieutenant Governors in Union Territories.
First FIR Under New Laws
The first FIR under the Bharatiya Nyaya Sanhita was registered at Kamla Market Police Station in Delhi. A street vendor, Pankaj Kumar, was charged under Section 285 for obstructing a foot overbridge at New Delhi Railway Station. This case highlights the practical implications and immediate enforcement of the new laws.
Future Implications
As the new laws take effect, India’s legal community remains vigilant, closely monitoring their implementation and impact. While the government promotes these changes as steps towards decolonization and modernization, the legal fraternity calls for careful examination and necessary amendments to ensure justice and fairness in the new legal framework.
Conclusion
The introduction of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam marks a historic moment in India’s legal history. However, the transition from colonial-era laws to a new legal paradigm is fraught with challenges. Balancing modernization and maintaining judicial integrity will be crucial in determining the success of these reforms.
