Three new criminal laws, which were recently passed in Parliament and secured Presidential assent, will come into force from 1 July 2024These laws will replace the British era codes. The three new criminal laws are- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, which will completely overhaul the country's criminal justice system.

The new laws were passed by Parliament in the Winter Session. AND President Droupadi Murmu gave her assent to the three laws IN THE MONTH OF December .

The Parliament of India has replaced colonial criminal laws through the Bharatiya Nyaya Sanhita Act (BNSS), 2023; the Bharatiya Sakshya Adhiniyam (BSS), 2023; and the Bharatiya Nagarik Suraksha Sanhita (BNSSS), 2023, replacing the Penal Code, 1860, the Evidence Act, 1872, and the Code of Criminal Procedure, 1973 respectively.

2.Bharatiya Nyaya Sanhita, 2023

The new Act is called as “Bharatiya Nyaya Sanhita (BNS), 2023” and has replaced the Penal Code, 1860.

The Chapters and offences against women and children, murder have been given precedence. Further, the offences against women and children which were scattered throughout in the erstwhile Penal Code, 1860 have been brought together and have been consolidated under Chapter-V. In the same manner, the offences affecting the human body are also brought up in the order and placed after the Chapter on offences against women and children. BNS has been streamlined and it will now consist of only 358 Sections as opposed to 511 Sections in IPC, 1860.

All three incomplete category offences i.e. Attempt, Abetment and Conspiracy are brought together under one Chapter- IV of the BNS, 2023 .For the first time, ‘Community Service’ has been introduced as one of the punishments in the BNS, 2023. It has been specifically provided for 6 petty offences, like non-appearance in response to a proclamation, attempt to commit suicide to compel or restraint exercise of lawful power of public servant, petty theft on return of theft money, misconduct in public by a drunken person, defamation, etc.

 It introduces the reformative approach in the punishment scheme which is aimed towards achieving ‘nyaya’ in the society. A new offence for having sexual intercourse on false promise of marriage, employment, promotion or by suppressing the identity etc. has been created in Section 69 of the BNS, 2023

2.Bharatiya Nagarik Suraksha Sanhita, 2023

he Bharatiya Nagarik Suraksha Sanhita proposes to replace the Code of Criminal Procedure, 1973, which has 533 sections. The code repeals 9 provisions of the CrPC, proposes amendment to 107 provisions and introduces 9 new provisions. Some of the significant changes are listed below.

·       Scope of declaring proclaimed offender increased. Earlier only 19 offences were included which did not include rape cases. Now all offences with punishment for 10 years or more included

·       Arrest of offences with punishment of less than 3 years offence with prior nod of senior police officers

·       15 days police custody is allowed for the first 40/60 days of the detention period and this will not be a ground for refusal of bail

·       In-absentia trial introduced

·       Electronic FIR introduced

·       Preliminary Inquiry introduced in offences punishable from 3 years to less than 7 years

·       Meaning of bail has been simplified throughout the BNSS

·       First time undertrial is provided early release on bail

3.BharatiyaSakshyaAdhiniyam, 2023

The BharatiyaSakshya Bill proposes to replace the Indian Evidence Act, 1872 and has 170 provisions. The Bill does not propose many material changes to the Indian Evidence Act and seeks to streamline electronic evidence

·       Electronic record included in definition of ‘document’

·       Added more standards for considering electronic, digital records as primary evidence laying emphasis on its proper custody, storage, transmission, and broadcast

·       Added more kinds of secondary evidence to include oral, written admissions & evidence of a skilled person to examine documents which cannot be conveniently examined by court

·       Established the legal admissibility, validity, and enforceability of electronic or digital record as evidence

·       Inclusion of husband/wife as competent witness in criminal proceedings against spouse

·       Conviction based on corroborated testimony of accomplice made legal

·       Comprehensive certificate for submitting electronic evidence added in schedule

 There cannot be any dispute about the necessity of modernising the criminal justice system to serve the needs of the populace better and administer justice, as well as the need to remodel and rehaul our criminal laws in India in light of social advancement and new social trends. The three new laws also appear to strengthen efforts to make it easier to secure justice, particularly in cases involving crimes against women and children, mob violence, lynching, and other crimes that weren't previously covered by specific statutes. However, the ground reality of the laws will be revealed with the passage of time once they are brought into effect.

HENCE , that these new criminal laws ARE crafted with the principles of citizen first, dignity first, and justice first.