Parliament had recently passed these bills to comprehensively revamp the country’s criminal justice system, providing definitions for various offenses and their corresponding punishments. The three new laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act—will replace the colonial-era Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872. The laws are set to come into effect on a date determined by the Central Government through an official gazette notification. Different dates may be appointed for different provisions of the Sanhita, as specified in an official notification.
Union Home Minister Amit Shah, during the parliamentary debate on the bills, emphasized the focus on delivering justice rather than solely focusing on punishment. Key provisions include addressing offenses committed beyond India’s borders, defining terrorism, eliminating sedition as a crime, and introducing a new section titled “offenses against the state.” These laws aim to provide clarity on acts of secession, armed rebellion, subversive activities, separatist activities, or endangering sovereignty or unity. The new laws replace sedition with a broader concept under the label “offenses against the state.”
The legislation was introduced during the Monsoon session of Parliament in August, and after recommendations from the Standing Committee on Home Affairs, the government withdrew the bills and reintroduced their redrafted versions last week. The Bharatiya Nyaya Sanhita introduces new terms and definitions, replacing the term ‘Rajdroh’ with ‘Deshdroh’ and includes a clear definition of terrorism, absent in the previous IPC. The laws increase the magistrate’s power to impose fines and expand the scope of declaring a proclaimed offender.
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