India’s New Criminal Laws 2023: A Complete Guide

New Criminal Laws
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India’s New Criminal Laws 2023

In 2023, India made an important update to its criminal justice system by enacting three new legislations, which are as follows:

  1. Bharatiya Nyaya Sanhita (BNS), 2023: This law now serves to replace the Indian Penal Code (IPC), 1860.
  2. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This law now serves to supersede the Code of Criminal Procedure (CrPC), 1973
  3. Bharatiya Sakshya Adhiniyam (BSA), 2023: This law now serves as a substitute for the Indian Evidence Act of 1872.

These legal changes are meant to assist in accomplishing the most appropriate legislation for the times of India’s society today.

Key Features of the New Criminal Laws

  • Community Service as Punishment: For the first time in India, community service has been added as a punishment in Section 4 of the BNS, 2023.

  • Modernization of Terminology: These laws completely change the out-dated colonial culture by removing colonial terminology and having it replaced with newly issued terminology that reflects present-day modern India.

  • Introduction of New Offenses: The incorporation of contemporary offenses like organized crime, terrorist acts, mob lynching, and the publication of false or fake news will ensure that the law is able to respond to the new challenges.

Differences Between Old and New Criminal Laws

The following table outlines summative differences between the previous legislation and the current legislation on criminal laws.

Aspect

Old Laws

New Laws

Primary Penal Legislation

Indian Penal Code, 1860

Bharatiya Nyaya Sanhita, 2023

Procedural Code

Code of Criminal Procedure, 1973

Bharatiya Nagarik Suraksha Sanhita, 2023

Evidence Law

Indian Evidence Act, 1872

Bharatiya Sakshya Adhiniyam, 2023

Punishments

No provision for community service

Introduction of community service as a form of punishment

Terminology

Colonial-era terms (e.g., “British India,” “Queen”)

Modernized terms reflecting contemporary Indian context

New Offenses

Lacked provisions for modern crimes like organized crime and fake news

Inclusion of offenses such as organized crime, terrorist acts, mob lynching, and fake news

Conclusion

The main purpose of these laws is to amend the Indian criminal justice system to make it more relevant and effective in modern India. The introduction of these new criminal laws is a major advancement towards enabling Indian citizens and building a more user-friendly, responsive, and efficient justice system for Indian citizens.

Frequently Asked Questions (FAQ’s)

What is the new criminal law?

The new criminal laws are the legal reforms in India in 2023 through Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. Brought systems that replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (EVI), respectively.

What are the new criminal laws?

The new criminal laws in India, in 2023, include the: 

  1. Bharatiya Nyaya Sanhita (BNS), 2023: Replaces the Indian Penal Code, 1860.
  2. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replaces the Code of Criminal Procedure, 1973.
  3. Bharatiya Sakshya Adhiniyam (BSA), 2023: Replaces the Indian Evidence Act, 1872.

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