The proposed criminal codes, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Bill (BSB), are part of the Narendra Modi government’s centerpiece reforms and a critical step forward in the process of “decolonization.” These laws could be passed in the upcoming Winter Session of Parliament or in the 2024 Budget Session.

However, if the BJP-led National Democratic Alliance is elected back into power, the codes probably won’t be announced or put into effect until after the 2024 Lok Sabha elections, a top government source said News18.

The Indian Penal Code (IPC) will be replaced by the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; the CrPC will be replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and the Indian Evidence Act will be replaced by the Bharatiya Sakshya (BS) Bill, 2023.

The Select Committee acquired the three bills, which were introduced in Parliament on August 11, and two weeks ago, it presented its findings and recommendations to the Rajya Sabha Chairman.

Senior serving officers at central agencies believe that navigating the transition phase will be the biggest difficulty since the new criminal code will cause a massive change in the criminal justice system.

“As the new code comes into effect, only fresh cases will be charged under the new sections of BNS, and not IPC. However, the thousands of cases related to thousands of offences across the states and central agencies would continue to be tried under the old sections of IPC. There will not be any retrospective effect on old cases,” claimed a senior IPS officer working for a central government body.

Opposition MPs, meanwhile, have described the new codes as a “stunt” and a “rearrangement of the earlier ones” in their dissent notes. Senior MPs have protested to the proposed development, speculating that the Modi administration may approve the measure during the Winter Session.

What Mamta Banerjee Has to Say

In a letter to Union Home Minister Amit Shah, West Bengal Chief Minister and TMC supremo Mamata Banerjee stated that the government and MPs elected in the 2024 general elections must deliberate on “these extremely important legislations and take a considered view.”

“I strongly believe that these are very significant legislations that form the bedrock of our penal-criminal jurisprudence. As such, the proposed overhauling of the existing criminal-penal statutes and replacing them with new statutes, is bound to have far-reaching long-term implications on our polity. The suggested changes will also affect the public life of India in multiple ways. Therefore, in my view, extreme caution and due diligence should precede any change in the existing statutes,” writing in the November 29 letter, she said.

“This can only be achieved through wide-ranging consultations and discussions with all stakeholders before Parliament legislates on such issues. In my considered opinion, before we embark on any such exercise which permanently changes the criminal-penal landscape of the country, detailed views of all sections of stakeholders (e.g., jurists, public activists, human rights workers, general public etc.) must be taken in order to create consensually accepted platform. Failure on our part may have very adverse implications on our polity,” she stated.

Legal Difficulties

The government will begin systematic training for police personnel and provide comparable training for the judges months in advance of the new codes going into effect. All new codes will be included into the criminal justice system at the primary level, thanks to the efforts of the government and the highest court. Every police station, as well as every session and district court, must get it, according to a senior officer.

Senior police officials have stated that there would be instances where an investigating officer (IO) must handle a murder case under Section 302 of the IPC and another case where a theft crime is prosecuted under Section 302 of the BNS. For many offenses, the BNS and IPC include multiple provisions that overlap.

According to another senior IPS officer, several nations implemented comprehensive reforms to align their criminal justice systems with global norms. “Criminal justice system and the criminals are the central elements of any national system of protecting the rule of law. Over the years, our legal framework and criminal codes have faced new types of challenges: greater complexity of cases due to societal changes, the development of new technologies and the internationalisation of crime. We needed a fresh system to deal with new challenges,” he continued, citing the overhauls of previous systems in Turkey, Ukraine, and other nations.

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