India’s criminal law overhaul: An essential backgrounder

New rules aim to update justice system, but some fear they may bite off more than they can chew.

Advocates holding the banner of the All India Lawyers Union stage a protest demanding a halt to the implementation of new criminal laws, in Visakhapatnam on July 11, 2024. | Photo Credit: V RAJU / THE HINDU

The Centre has implemented new criminal laws effective July 1, 2024. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) have replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively.

Prime Minister Narendra Modi stated these reforms aim to “eradicate the mentality and symbols of slavery” and create a “new confident India.” The government argues that the new laws prioritise justice and fairness over punishment alone. However, legal experts and civil rights advocates have raised concerns about these changes.

The new laws include provisions that alter existing legal procedures. For instance, they grant expanded powers to the police, allowing preliminary inquiries before registering First Information Reports (FIRs) for certain offenses. Critics argue this could lead to increased police discretion and potential delays in filing cases.

Also, the new laws have effectively reintroduced provisions similar to the previously stayed sedition law, prompting concerns about potential impacts on freedom of speech. The omission of a provision comparable to Section 377 of the IPC has raised questions about legal protections for certain non-consensual sexual acts.

Some observers have criticised the rapid passage of these laws, citing limited debate and discussion. There are also concerns about the potential impact on pending litigation and a possible increase in the number of cases awaiting trial.

As India transitions to this new legal framework, Frontline presents a collection of stories and interviews examining these criminal and civil laws, their implications for Indian citizens, and their potential effects on India’s democracy and judicial system.