In a landmark move, India has overhauled its criminal justice system with the introduction of three new laws: the Bharatiya Nyaya Sanhita (BNS) 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023. Effective from July 1, 2024, these laws replace the 1860 Indian Penal Code (IPC), the 1898 Criminal Procedure Code (CrPC), and the 1872 Indian Evidence Act. They aim to modernize and streamline the criminal justice system and ensure speedy justice to the common people. The new laws feature significant changes, including renumbering and reclassification of sections. For example, murder previously covered under IPC Section 302 is now under BNS Section 101, and cheating, which was in Section 420 of the IPC, is now Section 316 in the BNS.
The Indian Penal Code (IPC), established by the British in 1860, is over a century and a half old and was influenced by English law, the Napoleonic Code, and the Louisiana Civil Code. Originally comprising 23 chapters and 511 sections, it has now been streamlined into a more concise format.
The new Bharatiya Nyaya Sanhita (BNS) 2023 replaces the IPC with 358 sections across 20 chapters. The term “code” has been replaced with “Sanhita,” reflecting the aim to remove ambiguities and make the law clearer and more accessible. The new act eliminates outdated sections and updates terms to better align with current legal and social contexts. It also shifts from a punitive approach to a restorative one, introducing community service for certain crimes. Let’s explore what these updated Indian laws entail.
Adv. Sr. Mary Scaria SCJM
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