As the clock struck midnight on July 1, a historic shift in India’s legal landscape began to unfold. With the introduction of three transformative criminal laws, the Bharatiya Nagrik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS), and the Bharatiya Sakshya (BS), the country embarked on a new era of justice and law enforcement. These changes promise to overhaul the procedures of arrest, bail, and custody, and to redefine the scope of criminal offences and evidence, marking a significant departure from the colonial-era codes that have long governed India’s legal system.
Starting from today, three new criminal laws have come into effect across India. Despite objections from States ruled by non-BJP parties, Union government officials have stated that the States are free to bring in their amendments to some provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure (Cr. PC). The BNSS outlines the procedures and conditions for arrest, bail, and custody, among other things.
Additionally, the Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code of 1860, may soon be amended to include a section on sexual crimes against men and transgender persons.
Until then, police officers have been instructed to invoke other related sections under the BNS, such as wrongful confinement and physical hurt, if they receive such complaints.
The third law, the Bharatiya Sakshya (BS), replaces the Indian Evidence Act of 1872. Starting at midnight on July 1, more than 650 district courts and 16,000 police stations across the country have no option but to transition to the new system. Cognisable offences will now be registered under Section 173 of the BNSS, instead of Section 154 of the Cr. PC.
It’s important to note that the IPC and Cr. PC will continue to run concurrently with the new laws, as several cases are still pending in courts, and crimes that took place before July 1 and are reported later will have to be registered under the IPC.
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