Newly Enacted 3 Criminal Laws Replacing IPC, CrPc, Evidence Act To Come Into Effect From July 1

The government announced on February 24 that the three new criminal laws which replace the Indian Penal Code, Code of Criminal Procedure and Evidence Act will come into effect from July 1. The three new laws are as follows:

• The Bharatiya Nyaya Sanhita,
• The Bharatiya Nagarik Suraksha Sanhita,
• The Bharatiya Sakshaya Act.

These three new criminal laws aim at completing the overhaul of the British-era laws giving a clear definition of terrorism, abolishing sedition as a crime, and introducing a new section titled “offences against the state.”

These three laws were originally introduced during Parliament’s Monsoon session in August 2023. After the Standing Committee on Homa Affairs made various suggestions, the redrafted versions were tabled during the winter session. Union Home Minister Amit Shah stated that the measures were developed after extensive discussions and that he had personally reviewed every comma and full stop in the draft.

The Bharatiya Nyaya Sanhita, 2023

1. This replaces the Indian Penal Code of 1860.
2. Sedition has been repealed, but a new clause has been added to punish secessionism, separatism, rebellion, and acts against India’s sovereignty, unity, and integrity.
3. Death punishment for gang rape of minors and mob lynching.
4. For the first time, community work has been added to the list of sanctions.

The Bharatiya Nagarik Suraksha Sanhita, 2023

1. This replaces the CrPC of 1973.
2. Timely inquiry, trial, and judgement within 30 days of the conclusion of arguments.
3. Video recordings of sexual assault victims’ statements are now mandated.
4. A new provision for the attachment of property and proceeds of crime has been added.

Bharatiya Sakshya, 2023

1. This replaced the Indian Evidence Act of 1872.
2. Electronic or digital records, emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mail, and device messages will all be produced and admissible in court.
3. Digitising all records, including the case diary, FIR, chargesheet, and judgement.
4. Electronic or digital records must have the same legal effect, validity, and enforceability as paper records.