There are many laws in place to address the criminal justice system but their implementation has been a challenge. So far, no abuser, rapist, or heinous criminal has been brutally punished, except in some rare cases. The three new criminal laws—Bharatiya Nyay Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—were approved by Parliament last December to replace the Indian Penal Code (IPC) 1860, the Criminal Procedure Code (CrPC) 1973, and the Indian Evidence Act 1872, respectively.
The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was replaced by Bharatiya Nyay Sanhita in December 2023. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted under the sanctions of the first Law Commission of India, established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Thomas Babington Macaulay. It came into force on the subcontinent during British rule in 1862. However, it did not apply automatically in the Princely States, which had their own courts and legal systems until the 1940s. The code has since been amended several times and is now supplemented by other criminal provisions.
The Bharatiya Nyay Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) take into consideration some of the current social realities and modern-day crimes, incorporating provisions such as zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes. All fresh FIRs will be registered under BNS. However, cases filed earlier will continue to be tried under the old laws until their final disposal.
Union Home Minister Amit Shah, who proposed these necessary amendments to the laws, has decided to give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action. Present laws are made by Indians, for Indians, and by an Indian Parliament and mark the end of colonial criminal justice laws. Home Minister Amit Shah emphasized that he had solicited suggestions from all MPs, ministers, Supreme Court judges, and High Court judges before passing the bills. Justice replaces punishment in the three new criminal laws that came into force today. The provisions are such that many groups would benefit. Many sections from the British era have been replaced by sections in sync with today. In the constitution, there are many laws and sections that do not go with today’s time or do not fit into the present era of the justice system. Such laws needed amendments.
Crimes relating to violence against women would be tolerated under the new law, but the question here is how much implementation would be done. The new law provides for recording the survivor’s statement at home and also mentions an online FIR facility that will shield her from social stigma. Earlier, there was also a facility for online complaints but the police department was not so upgraded that they bothered to check the online complaints. Looking at the geographical areas and crime rate, even the police department has a lack of staff, and the Indian judiciary is piled up with criminal cases that have been on trial for ages.
Earlier, there was no provision in the law for mob lynching cases. It has now been defined. This was a longstanding demand. Also, the BJP has completely removed the section on treason and introduced a new section for anti-national activities. Earlier, it was a crime to make a statement against the government. Now, a law will provide for action against attempts to harm India’s unity and sovereignty under the new criminal codes. Somewhere, this silent imposition of dictatorship means that the citizens who criticize the government or their policies may come under this bracket for action against them.
As per the new law, videography is now mandatory during search and seizure exercises so that no one can be framed. The e-statement of a survivor of rape or sexual harassment is legally valid now. The new laws are victim-centric. Earlier, police used to pick someone up and his family members had to go to court. Now it is compulsory to maintain a register and e-register at every police station that will list which criminal is in police custody. So, a habeas corpus plea in court won’t be needed. Searches and raids would also be videographed.
The main opposition has alleged that the news laws were not properly debated and that the legislation related to them was “forcibly” passed in Parliament after 146 opposition MPs were suspended. The opposition demanded a re-examination of the new criminal laws. Congress leaders emphasized that all religions talk about courage, citing Islam, Christianity, Buddhism, Jainism, and Sikhism to underline the importance of fearlessness. Leader of opposition Rahul Gandhi accused the BJP of launching systematic attacks on the Constitution and the fundamental idea of India, noting that millions of people have resisted the ideas proposed by the ruling party.
