THREE NEW CRIMINAL LAWS OF INDIA
Roscoe Pound once said, "The law must be stable, but it must not stand still." In 2023, India
saw a big change in its criminal justice system when it brought in three new laws: the Bharatiya
Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya
Sakshya Adhiniyam (BSA). The President approved these laws in December 2023. They will
take the place of the old colonial-era Indian Penal Code (IPC), Code of Criminal Procedure
(CrPC), and Indian Evidence Act. This monumental overhaul of India's criminal justice system
embodies this principle, demonstrating that even centuries-old legal foundations can evolve to
meet the changing needs of society.
The Indian Penal Code (IPC), drafted in 1860 and effective from 1862, was established after the
1834 law commission. The Indian Evidence Act (IEA) of 1872 set rules for evidence
admissibility, while the Code of Criminal Procedure (CrPC), enacted in 1973 and effective from
1974, outlines procedures for administering criminal law.
1. Bharatiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya Sanhita (BNS) replaces the 163-year-old Indian Penal Code, streamlining
definitions and incorporating Supreme Court rulings like Joseph Shina, Navtej Singh Johar, and
Independent Thought. Key updates include:
a) New Offenses: It introduces organized crime, terrorism, snatching, and mob lynching to
address contemporary issues. b) Tougher Punishments: Penalties for sex crimes are
increased, with a death penalty for fatal mob lynching. c) Gender-Neutral Language: The law
uses inclusive terms and consolidates offenses against women and children into one section. d)
Community Service: Community service is introduced as a rehabilitative punishment for some
offenses.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure,
aims to enhance efficiency in the criminal justice system with a focus on Speedy Trial and
Natural Justice. Key updates include:
a) Time-Bound Investigations: Deadlines are set for investigations—90 days for crimes with
under 3 years' imprisonment and 180 days for more severe cases. b) Electronic Records:
Technology is promoted for filing complaints online and maintaining digital records, increasing
transparency and efficiency. c) Plea Bargaining: Expanded to reduce court workload and
expedite case resolutions. d) Zero FIR: Victims can file complaints at any police station,
addressing the issue of case registration refusals. Through this court has implemented the
recommendation of Satwinder Kaur vs, NCT Delhi case and J.S. Verma Committees
recommendation.
3. Bharatiya Sakshya Adhiniyam (BSA)
Roscoe Pound once said, "The law must be stable, but it must not stand still." In 2023, India
saw a big change in its criminal justice system when it brought in three new laws: the Bharatiya
Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya
Sakshya Adhiniyam (BSA). The President approved these laws in December 2023. They will
take the place of the old colonial-era Indian Penal Code (IPC), Code of Criminal Procedure
(CrPC), and Indian Evidence Act. This monumental overhaul of India's criminal justice system
embodies this principle, demonstrating that even centuries-old legal foundations can evolve to
meet the changing needs of society.
The Indian Penal Code (IPC), drafted in 1860 and effective from 1862, was established after the
1834 law commission. The Indian Evidence Act (IEA) of 1872 set rules for evidence
admissibility, while the Code of Criminal Procedure (CrPC), enacted in 1973 and effective from
1974, outlines procedures for administering criminal law.
1. Bharatiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya Sanhita (BNS) replaces the 163-year-old Indian Penal Code, streamlining
definitions and incorporating Supreme Court rulings like Joseph Shina, Navtej Singh Johar, and
Independent Thought. Key updates include:
a) New Offenses: It introduces organized crime, terrorism, snatching, and mob lynching to
address contemporary issues. b) Tougher Punishments: Penalties for sex crimes are
increased, with a death penalty for fatal mob lynching. c) Gender-Neutral Language: The law
uses inclusive terms and consolidates offenses against women and children into one section. d)
Community Service: Community service is introduced as a rehabilitative punishment for some
offenses.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure,
aims to enhance efficiency in the criminal justice system with a focus on Speedy Trial and
Natural Justice. Key updates include:
a) Time-Bound Investigations: Deadlines are set for investigations—90 days for crimes with
under 3 years' imprisonment and 180 days for more severe cases. b) Electronic Records:
Technology is promoted for filing complaints online and maintaining digital records, increasing
transparency and efficiency. c) Plea Bargaining: Expanded to reduce court workload and
expedite case resolutions. d) Zero FIR: Victims can file complaints at any police station,
addressing the issue of case registration refusals. Through this court has implemented the
recommendation of Satwinder Kaur vs, NCT Delhi case and J.S. Verma Committees
recommendation.
3. Bharatiya Sakshya Adhiniyam (BSA)
