India’s president on Monday gave his assent to three new post-colonial criminal law reform bills, paving the way for their enactment. This assent includes three bills: the Bharatiya Sakshya Bill (BSB), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Nyaya Sanhita (BNS).
The BSB and BNS are anticipated to replace the colonial-era Indian Evidence Act of 1872 and the Indian Penal Code of 1860, respectively. Similarly, the BNSS will take the place of the Code of Criminal Procedure of 1973, a law mostly rooted in colonial-era laws. These bills aim to revamp India’s criminal justice system, which has long been governed by laws inherited from British rule.
The Indian government had previously withdrawn the three criminal law amendment bills introduced in August from Parliament. They were, however, reintroduced with revisions in the Lok Sabha, the lower house of Parliament, on December 12, 2023. Despite the suspension of more than 100 opposition members during protests over a recent security breach, the revised bills passed in the Lok Sabha with a voice vote on December 20. Afterward, they were approved by the Rajya Sabha, the Indian Parliament’s upper house, on December 21.
The original bills had been referred to a standing committee of the Indian Parliament for discussions. The committee submitted its report on November 10, and some changes were accepted and incorporated into the bill versions. Nonetheless, concerns persist over contentious provisions in the revised versions, including the categorization of terrorism as an offence under Section 113 of the BNS, potentially misused alongside the existing controversial anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
The Ministry of Law and Justice of the Government of India issued official notifications on Tuesday in the Gazette of India, thereby enacting the BSB, BNS, and BNSS as acts, subsequently bringing them into force as laws.
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