India

Commencing July 1, 2024, new criminal laws to supersede IPC, CrPC & Evidence act

The government has officially announced the implementation of three new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshaya Act—starting from July 1. These laws will replace the existing Indian Penal Code, Code of Criminal Procedure, and Evidence Act, marking a significant departure from the British-era laws.

Introduced during the Monsoon session of Parliament in August 2023, the bills underwent revisions based on recommendations from the Standing Committee on Home Affairs. The updated versions were presented during the winter session.

Bharatiya Nyaya Sanhita:

  • Replacing the Indian Penal Code, 1860
  • Sedition has been removed, but a new provision penalizing secessionism, separatism, rebellion, and acts against the sovereignty, unity, and integrity of India has been introduced.
  • Death penalty for gang rape of minors and for mob lynching
  • Introduction of community services as a punishment for the first time.

Bharatiya Nagarik Suraksha Sanhita:

  • Replacing the CrPC, 1973
  • Mandating time-bound investigation, trial, and judgment within 30 days of completing arguments
  • Mandatory video recording of the statement of sexual assault victims
  • Introduction of a new provision for the attachment of property and proceeds of crime.

Bharatiya Sakshya:

  • Replacing the Indian Evidence Act, 1872
  • Inclusion of electronic or digital records, emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mails, and messages on devices as admissible evidence in courts.
  • Digitization of all records, including case diary, FIR, chargesheet, and judgment.
  • Electronic or digital records to have the same legal effect, validity, and enforceability as paper records.

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