Jahanvi Agarwal
Three new laws, namely the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, have officially replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act on 1st July 2024. This is a historic change in India’s legal landscape, as the new laws aim to modernize the criminal justice system.
The first FIR under the new laws is filed by Delhi’s Kamla Market Police Station against a street vendor for obstructing a foot overbridge at New Delhi Railway Station. The case was registered under Section 285 of Bharatiya Nyaya Sanhita.
To raise awareness, posters explaining the new laws were put up in various locations across Delhi, particularly in police stations like Connaught Place, Tughlak Road, and Tughlaqabad. These posters detailed the changes and their implications for the public.
The Bharatiya Nyaya Sanhita, which replaces the IPC, has 358 sections, down from 511. It mentions 20 new crimes, increases imprisonment sentences for 33 crimes, raises fines for 83 crimes, and introduces mandatory minimum punishments for 23 crimes. Additionally, community service penalties have been added for six crimes, and 19 sections have been repealed.
Notably, a new chapter, ‘Crimes against Women and Children,’ has been added, addressing sexual crimes and aligning with the Protection of Children from Sexual Offences Act (POCSO). The law introduces severe penalties for crimes against women and children, including life imprisonment or the death penalty for the rape of girls under 18 and 20 years to life imprisonment for gang rape. It also targets fraudulent promises of marriage used to coerce women into sexual relationships.
For the first time, terrorism is clearly defined in the Bharatiya Nyaya Sanhita. Section 113(1) states, “Whoever, with intent to endanger or is likely to endanger the unity, integrity, sovereignty, security, or economic security of India or to cause or spread terror amongst the public…commits terrorist acts.” Terrorist acts are now punishable by death or life imprisonment without parole. The Sanhita also criminalizes the destruction of public and private property and critical infrastructure.
The institutionalization of zero FIR allows FIRs to be filed anywhere, regardless of where the crime occurred, ensuring the victim’s right to information, including free access to the FIR and updates on the investigation within 90 days.
The Bharatiya Nagrik Suraksha Sanhita, which replaces the CrPC, has 531 sections, with 177 changes, nine new sections, and 39 new subsections. It includes 44 new provisions, timelines for 35 sections, and audio-video provisions at 35 points. 14 sections have been removed.
The Bharatiya Sakshya Adhiniyam, replacing the Indian Evidence Act, now has 170 provisions. It includes 24 changes, two new provisions, and six new sub-provisions, while six old provisions have been removed. These reforms reflect a significant shift in India’s legal priorities, emphasizing the protection of women, children, and national security.
The Bharatiya Nagarik Suraksha Sanhita, 2023.