President approves three bills replacing outdated British-era criminal laws.

The trio of recently introduced legislations, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act, are set to supplant the long-standing colonial-era statutes, including the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872.

In a significant development, on December 25, 2023, the President granted her approval to three crucial criminal law bills recently endorsed by the parliament. These bills include the Bharatiya Nyaya (Second) Sanhita, intended to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha (Second) Sanhita, aimed at replacing the Code of Criminal Procedure; and the Bharatiya Sakshya (Second) Sanhita, which seeks to supplant the Indian Evidence Act.

Next Steps: Implementing and Integrating the Reforms

These bills received the green light from the Lok Sabha on December 20th and subsequently from the Rajya Sabha on December 21st.

In the Rajya Sabha, the bills were passed unanimously through a voice vote, following their presentation by Union Home Minister Amit Shah. In his concluding remarks, Chairman Jagdeep Dhankar highlighted the historic significance of these three bills, emphasizing that they have effectively dismantled the colonial legacy within our criminal jurisprudence, which had been detrimental to the rights of our citizens and had favored foreign rulers.

The Bharatiya Nyaya Sanhita has replaced the Indian Penal Code (IPC), while the Nagarik Suraksha Sanhita has taken the place of the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam now replaces the Indian Evidence Act.

The Bharatiya Nyaya Sanhita comprises 358 sections, a reduction from the 511 sections found in the IPC. This revision has introduced 20 new criminal offenses, with increased sentences for 33 of them. Furthermore, fines have been raised for 83 crimes, and mandatory minimum punishments have been established for 23 offenses. Community service penalties have been introduced for six crimes, and 19 sections have been omitted from the legislation.

The Nagarik Suraksha Sanhita is comprised of 531 sections, surpassing the 484 sections of the former CrPC. This new version incorporates changes in 177 provisions and incorporates nine fresh sections along with 39 new sub-sections. Additionally, the draft act introduces 44 novel provisions and clarifications, incorporates timelines into 35 sections, and adds audio-video provisions at 35 junctures. Meanwhile, 14 sections have been repealed and removed from the bill.

As for the Bharatiya Sakshya Adhiniyam, it now comprises 170 provisions, an increase from the original 167 provisions. This modification involves alterations to 24 provisions, the addition of two new provisions and six sub-provisions, and the removal of six provisions from the legislation.

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