Through the lens of this Nation 60.

THE BRITISH LAWS HAVE BEEN SHOWN THE DOOR.

Every educated Indian must know of these changes, as ignorance of law is no excuse.

The Indian Penal Code (IPC) has now been replaced with Bhartiya Nyaya Samhita. The Criminal Procedure Code (CrPC) has been replaced by Bhartiya Nagarik Suraksha Samhita. The Indian Evidence Act (IEA) has been replaced with Bhartiya Sakshya Adhiniyam.  It’s not just change of names. The way the law is applied, interpreted and justice served is all changing. Mera Bharat Badal Raha Hai. My country is changing. A hundred- and fifty-year-old justice system set up by white man to rule over us and make us behave the way they wanted us to behave, has been changed. Hopefully, with this change, we are past the time of ‘Mi Lords’. And soon human beings, who feel the pain of other humans will be serving us justice (Nyaya). IPC is from 1860,Cr PC is from 1898 and IEA is from 1872. And it all changed on 25 December, of 2023, when President Draupadi Murmu gave her assent to make it our OWN new law.

Since 1st of this month, the criminal justice system has been completely overhauled in the country. The three new criminal laws have come into effect since that day.  Several new provisions have been incorporated in these, to suit contemporary times and the technologies in vogue. 

SPEEDY JUSTICE. 

As we all know, the oft repeated adage says, “JUSTICE DELAYED, IS JUSTICE DENIED”.

As per the notifications issued so far, the three new laws will focus on justice rather than punishment. They are aimed at providing speedy justice, strengthening the judicial and court management system, emphasizing, “access to justice by all”.

Bhartiya Nyaya Sanhita has 358 sections (there were 511 sections in the IPC). 20 new crimes have been added to the bill. The imprisonment sentence has been increased for 33 of them. Amount of the fine has been increased in 83 crimes. Mandatory minimum punishment has been introduced in 23 crimes. A unique new feature has been added, that of penalty of community service for six crimes. 19 sections have been repealed or removed from the bill

CRIMES AGAINST WOMEN AND CHILDREN. 

Bhartiya Nyaya Sanhita has introduced a new chapter titled ‘Crimes against Women and Children’ to deal with sexual crimes.  A provision has been made for life imprisonment or death penalty in the case of rape of girls below 18 years. There is the provision of 20 years imprisonment or life imprisonment in all cases of gang rape. The new crime category, of gang rape of a woman under 18 years of age in the Sanhita.

TERRORISM HAS BEEN GIVEN ITS PLACE AND DUE. 

Terrorism has been defined for the first time in the Bhartiya Nyaya Sanhita, and it has been made a punishable offence. The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of India. Small organized crimes have also been criminalized, punishable with imprisonment of up to seven years.

BhartiyaNagarik Suraksha Sanhita will have 531 sections (There were 484 sections in CrPC). 177 provisions have been changed in the bill, and nine new sections as well as 39 new sub-sections have been added to it. The draft act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provision has been added at 35 places. A total of 14 sections have been repealed and removed in the Sanhita.

Bhartiya Sakshya Adhiniyam (IEA)will have 170 provisions (There were 167 provisions in the earlier IEA).A total of 24 provisions have been changed. Two new provisions and six sub-provisions have been added and six provisions have been repealed or deleted in the Adhiniyam.

The complete implementation of new criminal laws will ensure an end to adjournment after adjournment era (‘tareekh pe tareekh’), and justice will be given in three years, as earlier informed in the Parliament by Union Home Minister This process of reform in the three laws of the criminal justice system was started in 2019 and 3,200 suggestions in this regard were received from various stakeholders.

CHANGE ALWAYS MEETS WITH RESISTANCE. 

Legal experts say, there are big challenges ahead for law-enforcing agencies, judicial officers, and legal professionals as the new laws come into force. Some senior Advocates, in the Supreme Court, said that the new criminal laws are here to stay. The sooner we adapt to it, the better. Resistance to change is but natural. The changes to the procedural aspect in particular, surely needs time for effective adaptation. 

Hence taking a step ad, the Delhi Police, commenced a focused training program for its officers to adapt to the new criminal laws from 17th of Jan this year. The Delhi Police Academy, in collaboration with the National Law University, Dwarka, has meticulously designed its training modules to cover all its officers from Special Constables of Police to the Constables of Delhi Police in a phased manner. Experts from the National Law University conducted the sessions, ensuring that officers at all levels were proficient in the application of the new laws.

The Bhartiya Nyaya Samhita. The Bhartiya Nagarik Suraksha Samhita and The Bhartiya Sakshya Adhiniyam are available as free PDF documents on World Wide Web. Those keen on more details can all read them there.  

Major Biddanda Nanjappa, Recipient of  President’s Gold Medal
Convener FMCGT Forum.
The facts and views presented are of the author.