New Delhi: 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 government notified on Saturday. The three new criminal laws are the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha. Sanhita and the Bharatiya Sakshaya Act. The new laws aim at a complete 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” — among many other changes.
These three bills were first introduced during the Monsoon session of Parliament in August 2023. After the Standing Committee on Homa Affairs made several recommendations, the redrafted versions were introduced in the winter session. Union home minister Amit Shah said the bills were drafted after wide consultations and he himself had gone through every comma and full stop of the draft.
Here are the main takeaways of the new legislation
The Bharatiya Nyaya Sanhita, 2023
This replaces the Indian Penal Code, 1860
Sedition has been deleted but another provision penalising 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
Community services have been introduced as one of the punishments for the first time.
The Bharatiya Nagarik Suraksha Sanhita, 2023
This replaces the CrPC, 1973
Time-bound investigation, trial and judgment within 30 days of the completion of arguments
Video recording of the statement of sexual assault victims made mandatory
A new provision for attachment of property and proceeds of crime has been introduced.
Bharatiya Sakshya, 2023
This replaced the Indian Evidence Act, 1872
Evidence produced and admissible in courts will include electronic or digital records, emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mails, messages on devices.
Digitisation of all records including case diary, FIR, chargesheet and judgment
Electronic or digital records shall have the same legal effect, validity and enforceability as paper records.