Key Characteristics of India’s Three New Criminal Laws

In December 2023, the Indian parliament passed three new laws replacing key components of the criminal justice system. The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC), the Bharatiya Nagrik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act. These laws prioritize justice over punishment, emphasizing speedy justice and the strengthening of the judicial and court management system to ensure access to justice for all.

The need for these new laws arose from longstanding issues in India’s criminal justice system, including inadequate investigation and prosecution, a high number of pending cases, court delays, low conviction rates, and a significant population of undertrial prisoners, which collectively contribute to denying justice to the common people. The new legislation requires prominent display of certain information in every police station and district headquarters to facilitate swift reporting of urgent offenses, using a digital platform to overcome traditional barriers and ensure timely reporting. This addresses historical under-reporting of crimes due to societal pressures, advocating for a survivor-centric and empathetic legal system.

One of the significant changes introduced by the new laws is the provision for first-time offenders to be released on bail after serving a third of the maximum sentence prescribed. This provision aims to facilitate faster trials and ensure transparency in investigations. Additionally, the mandatory inclusion of audio-video recording in search and seizure proceedings under BNSS serves to increase transparency and deter evidence fabrication.

Overall, these new laws signify a shift towards a justice-focused approach in India’s criminal justice system, aiming to address past shortcomings, facilitate swifter and fairer trials, and ensure transparency and accountability in legal proceedings.