India’s three new post-colonial criminal codes were officially enacted on July 1, 2024, ushering in significant changes to the nation’s legal landscape. This reform marks the replacement of antiquated colonial-era laws with the new Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).
The Bharatiya Nyaya Sanhita (BNS), 2023 replaces the Indian Penal Code (IPC) of 1862, a statute dating back to British colonial rule Bharatiya Nyaya Sanhita. Complementing this, the 1973 Code of Criminal Procedure (CrPC) is now succeeded by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Bharatiya Nagarik Suraksha Sanhita. The Bharatiya Sakshya Adhiniyam (BSA), 2023, in turn, replaces the Indian Evidence Act, 1872, further modernizing the evidentiary framework Bharatiya Sakshya Adhiniyam.
The government’s push for these sweeping changes began with the introduction of three criminal law amendment bills in August 2023. Following recommendations from a parliamentary committee, these bills were revised and subsequently passed in December revised. President’s assent was granted soon after, leading to the legislations’ scheduled implementation date of July 1, 2024 president’s assent. The Ministry of Home Affairs facilitated a smooth transition by issuing an advisory in April, focusing on training police officials and the judiciary on the new codification advisory.
Despite the intent to decolonize and modernize India’s criminal laws, the new codes have sparked apprehensions. Newly codified crimes, including organized crime and terrorism under the BNS, raise concerns about misuse, particularly as they were previously governed by specific statutes like the Unlawful Activities (Prevention) Act (UAPA). Additionally, the BNSS introduces trials in absentia and revokes the provision for statutory bail for individuals facing multiple offenses.
Significantly, Section 106(2) of the BNS, targeting negligent death, has been placed in abeyance due to its controversial increase in punishment from two to ten years’ imprisonment. This decision followed engagements with transporters’ associations, which voiced their opposition to the new penalty structure abeyance.
As these post-colonial criminal codes take effect, India enters a period of adjustment, with the legal community closely monitoring the implementation and impact of these sweeping reforms.