Bharatiya Nyaya Sanhita Leads India's Criminal Law Reform

Starting July 1, 2024, three new criminal laws will replace the colonial-era Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (A). The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) were passed by Parliament in 2023 and received President Droupadi Murmu's assent on December 25, 2023.

Concerns about transparency and police powers

Legal experts and jurists have raised concerns about the lack of transparency in the functioning of the five-member expert committee formed by the Ministry of Home Affairs (MHA) to draft these laws. They also point out that the new penal provisions grant expanded police powers and weaken civil liberties. One significant issue is the ambiguity surrounding whether the new criminal procedure permits police custody beyond the 15-day limit or if it merely allows for a 15-day period spread across any days within the first 40 or 60 days following an individual's arrest.

Supreme Court petition seeks stay on implementation

A petition has been filed in the Supreme Court requesting a stay on implementing these new laws. The petition highlights that they were enacted without extensive debate or effective discussion in Parliament due to numerous Opposition Members being suspended. This article provides comprehensive coverage of these new laws and a thorough analysis of the concerns surrounding them.