New Criminal Law in Action; Know Which Section is What in Bharatiya Nyaya Sanhita?

On Monday, July 1, three new criminal statutes came into effect, replacing longstanding laws. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaces the Criminal Procedure Code (CrPC), the Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, and the Bharatiya Sakshya Adhiniyam replaces the Indian Evidence Act.

Passed by Parliament last year, the government framed these laws as an effort to eliminate colonial remnants from India's legal system. Home Minister Amit Shah stated last year that the older laws introduced by the British were designed to strengthen British rule, not to administer justice. "Their purpose was to punish, not to dispense justice," he emphasized.

"The three new criminal laws are being introduced with entirely new perspectives and provisions, aiming to eliminate delays in the criminal justice system after nearly 150 years," Shah added. "At the heart of these bills are the protection of human rights, constitutional rights, and the right of Indian citizens to self-defense. These laws will reflect the essence of Indian values, free from any colonial influence."

Bharatiya Nyaya Sanhita 2024

The BNS comprises 358 sections, compared to the 511 sections in the IPC. Consequently, the longstanding numbering system of numerous criminal charges in the IPC has been revised. For instance, the term "420," widely recognized as a catch-all phrase for cheating due to its definition in Section 420 of the IPC, is now designated as Section 318 in the BNS. 

The new laws embrace modern technology, broadening the definition of documents to encompass electronic records such as emails, server logs, SMS, websites, and digital messages. This initiative aims to significantly reduce the use of paper in court proceedings.

Also Read: July 1 Marks an End to Colonial Laws With New Criminal Laws; Know Which Laws have Been Replaced

What are the Major Changes?

Below are the new section numbers for some of the most significant crimes under the BNS:

What Does it Imply?

While the government claimed that the new laws would modernize and decolonize the Indian legal system, some opponents contend that nothing notably new was added to the legislation, as the majority of the previous laws' sections were simply renumbered and relabelled. Because police, attorneys, and judges would have to learn the new order of the same old provisions, these rules might possibly cause a great deal of hardship, even though they offer nothing new in the way of reforms, according to the critics. 

It is also mentioned that, with regard to pending cases and offenses that occurred up until July 1, 2024, the previous laws would remain in effect for at least another two or three decades.

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