New Era in India’s Criminal Justice System: Historic Legislation Replaces Colonial Laws

India’s criminal justice system enters a new era today as the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam come into force, replacing 164-year-old colonial laws. This change introduces modern technology and citizen-centric services, with a strong focus on the safety of women, children, and the underprivileged.

Assam Chief Minister Himanta Biswa Sarma announced on his official ‘X’ handle, “In anticipation of this transition, Team Assam has undertaken extensive preparations to ensure the effective implementation of these new laws. A sincere appeal is made to all stakeholders—including the police, civil servants, citizens, lawyers, civil society, and members of the judiciary—to cooperate in ensuring these laws achieve their foundational purpose.”

In a significant development, the first FIR under the new laws was registered on Monday at Delhi's Kamla Market Police Station against a street vendor. The case, filed under Section 285 of the Bharatiya Nyaya Sanhita, involved obstructing a footover bridge at the New Delhi Railway Station.

Key Features of the New Laws

Bharatiya Nyaya Sanhita

• Consists of 358 sections, compared to 511 sections in the IPC.

• Adds 20 new crimes and increases imprisonment sentences for 33 crimes.

• Increases fines for 83 crimes and introduces mandatory minimum punishment for 23 crimes.

• Introduces community service penalties in six crimes and repeals 19 sections.

• Includes a new chapter on 'Crimes against Women and Children' to address sexual crimes.

• Proposes life imprisonment or the death penalty for gang rape of minors.

• Defines terrorism and introduces severe penalties, including the death penalty or life imprisonment without parole for terrorist acts.

Bharatiya Nagrik Suraksha Sanhita

• Contains 531 sections, up from 484 sections in the CrPC.

• Changes 177 provisions and adds nine new sections and 39 new sub-sections.

• Introduces 44 new provisions and clarifications, adds timelines to 35 sections, and incorporates audio-video provisions at 35 places.

• Repeals 14 sections.

Bharatiya Sakshya Adhiniyam

• Comprises 170 provisions, up from 167 in the original act.

• Changes 24 provisions, adds two new provisions and six sub-provisions, and repeals six provisions.

Also Read: Law Ministry to Hold 2-Day Conference on 'Criminal Justice System' in Guwahati