On December 12, 2023, Union Home Minister Amit Shah presented three revised Bills in the Lok Sabha to substitute the current British-era criminal laws, following the withdrawal of earlier versions introduced in August 2023.
Given that the new laws will overhaul the criminal justice system, the government has requested time to train police officials and the judiciary.
Although Union Territories under the Central government have prioritized the training of police officials, a similar level of enthusiasm has not been observed in the States.
According to a government notification, three recently enacted criminal justice laws are scheduled to take effect starting from July 1, 2024.
The Parliament granted approval to the laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act — during the winter session on December 21, 2023. President Droupadi Murmu gave her approval on December 25th.
These legislations are set to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872, which date back to the British era. Under the new laws, records such as zero-FIR, e-FIR, chargesheets, and victim information will be generated and supplied electronically.
During a parliamentary debate on the three bills, Union Home Minister Amit Shah emphasized that the priority was on ensuring justice rather than solely focusing on punishment. The Bharatiya Nyaya Sanhita has, for the first time, provided a definition of terrorism.
These laws have introduced a clear definition of terrorism, eliminated sedition as a crime, and introduced a new section titled ‘offences against the state’. In accordance with the government’s commitment to truckers and transporters, subsection 2 of Section 106 of the Bharatiya Nyay Sanhita (BNS) will not be enforced.
This subsection pertains to fatal hit-and-run cases and imposes a higher penalty for failing to promptly inform the police or other authorities after an accident.
One of the notifications states that, in accordance with the authority granted by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the central government July 1, 2024 has been designated as the start date for the provisions of the mentioned Sanhita, with the exception of subsection (2) of section 106. Following the enactment of the laws, truckers protested against Section 106(2), which imposes a 10-year imprisonment and fine for causing the death of a person due to rash and negligent Operating a vehicle without notifying a police officer.
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