New Criminal Laws Replacing IPC, CrPC & Evidence Act to Take Effect from July 1, 2024
In a landmark move, the Union Government has announced that the new criminal laws—the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam—will officially come into force on July 1, 2024. This significant development marks the replacement of the long-standing Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, which have been the cornerstone of India’s criminal justice system.
Official Notification
The Ministry of Home Affairs (MHA) issued three separate notifications today, confirming the date of commencement for these comprehensive legal reforms. However, it’s noteworthy that the implementation of Sub Section (2) of Section 106 of the Bharatiya Nyaya Sanhita has been put on hold. This specific provision, related to ‘causing death of a person by rash and negligent driving of a vehicle,’ faced significant opposition from truckers, prompting the government to defer its enforcement.
The MHA notification stated:
“In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the Central Government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force.”
Legislative Background
The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam were passed by the Parliament on December 21, 2023. These laws received presidential assent on December 25, 2023, and were designed to come into effect from a date specified by the Union Government. With the latest notifications, that date has now been set for July 1, 2024.
Key Changes and Impact
These new laws aim to modernize and streamline the Indian criminal justice system, which has largely operated under colonial-era statutes. The Bharatiya Nyaya Sanhita will replace the IPC, the Bharatiya Nagarik Suraksha Sanhita will supplant the CrPC, and the Bharatiya Sakshya Adhiniyam will take over from the Indian Evidence Act. These reforms are expected to bring about more efficient legal processes, enhanced protections for citizens, and updated procedural norms in line with contemporary needs.
Suspension of Sub Section (2) of Section 106
The deferment of Sub Section (2) of Section 106 of the Bharatiya Nyaya Sanhita is a response to the widespread protests by truckers. This provision dealt with the serious charge of causing death by rash and negligent driving, a contentious issue among the transport community. By putting this specific section on hold, the government has shown a willingness to engage with stakeholders and address their concerns.
Accessing the Notifications and Laws
For those interested in reviewing the official notifications and the text of the new laws, the following links have been provided:
- MHA notification regarding Bharatiya Nyaya Sanhita
- MHA notification regarding Bharatiya Nagarik Suraksha Sanhita
- Notification regarding Bharatiya Sakshya Adhiniyam
- Bharatiya Nyaya Sanhita 2023 (new IPC)
- Bharatiya Nagarik Suraksha Sanhita 2023 (new CrPC)
- Bharatiya Sakshya Bill 2023 (new Evidence Act)
Conclusion
The implementation of these new laws represents a monumental shift in India’s legal landscape. As the country prepares for these changes, legal professionals, law enforcement agencies, and citizens alike will need to familiarize themselves with the new provisions and their implications. The government’s initiative to modernize the criminal justice system is a step towards a more effective and just legal framework, reflecting the evolving needs of Indian society.
