India Implements New Laws, Replaces Colonial-Era Codes

July 2, 2024

Three new crime laws were put into effect in India on July 1, 2023. This was a big change in the country’s legal system. The goal of these laws is to bring the current legal system up to date by replacing laws from the colonial era with ones that reflect Indian ideals and social norms.

New Legal Framework

The newly enacted laws encompass:

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The Criminal Procedure Code (CrPC) has been replaced by this law, which changes the rules and methods for criminal cases.
Bharatiya Nyaya Sanhita (BNS): The BNS replaces the Indian Penal Code (IPC) and changes the definitions and punishments for many crimes. It does this by cutting the number of parts from 511 in the IPC to 358.
Bharatiya Sakshya Adhiniyam: This law replaces the Indian Evidence Act and aims to make the standards for evidence used in court cases easier to follow and better.

Objectives and Impact

The main goal of these laws is to get rid of any traces of colonial rule that are still present in the Indian judicial system. Not only are these laws meant to punish people, but they are also meant to make sure justice, protect human rights, and make sure that civil rights are better protected. Another important thing is that the criminal justice system is much less likely to be delayed.

Revised Sections and Key Offences

A number of well-known parts of the IPC have been renumbered and changed by the Bharatiya Nyaya Sanhita (BNS). Changes that stand out include:

Murder (Section 103 BNS): This used to be Section 302 IPC.
Attempt to Murder (Section 109 BNS): This crime used to be under Section 307 IPC.
Rape (Section 63 BNS): This crime used to be under Section 375 IPC.
Cheating (Section 318 BNS): This change to the numbers takes away the bad reputation that comes with the word “420,” which used to be known as Section 420 IPC.

About Bharatiya Nyaya Sanhita

“Bharatiya Nyaya Sanhita,” which is also called the “Indian Code of Justice,” is a historical collection of Indian laws and court procedures from the past. It was affected by texts like Manusmriti and Arthashastra. A complex body of law that combines civil, criminal, and process law can be seen in it. The Nyaya Sanhita focuses on dharma, or moral duty, and has sections on royal responsibilities, inheritance, and contract law. Its ideas shaped later Indian laws and showed a unique mixing of law, philosophy, and morals. It favored restorative justice systems over punitive ones and was one of the first examples of legal pluralism.

About Bharatiya Nagarik Suraksha Sanhita

The “Bharatiya Nagarik Suraksha Sanhita” (Indian Civil Protection Code) is a suggested set of laws in India that would make laws about people’s safety and security stronger and more unified. This code aims to bring together different national and state-level laws into a single, all-encompassing law that covers things like crisis management, public health emergencies, civil defense, and internal security. Its goal is to bring response systems up to date and make people better prepared for different kinds of situations so that all levels of government can work together. This project comes from what we’ve learned from recent disasters and crises that showed us where current systems are lacking.

About Bharatiya Sakshya Adhiniyam

To reflect evolving technology, Bharatiya Sakshya Adhiniyam (BSA) amends the 1872 Indian Evidence Act. This revised method addresses evidence-handling difficulties as technology pervades legal processes. The Bharatiya Sakshya Adhiniyam develops more precise and universal court practice for handling case facts and situations through evidence, unlike the former law, which could not accommodate digital and electronic channels. It treats digital documents like paper records, making them admissible and enforceable. Secondary evidence is increased by the act. Included are mechanical reproductions, copies verified against originals, and counterparts of unsigned papers. Hearing from witnesses who saw the paper and can match its hash # is secondary evidence. Legal reform ensures strength and technological relevance.

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