The recent enactment of three new criminal laws in India (Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagrik Suraksha Sanhita, 2023; and Bharatiya Sakshya Adhiniyam, 2023) empowers Indian police and judi...
Published On: 23/01/2024
Practice Area: Dispute Resolution
Authors:
Padmaja Kaul
Yugank Goel
Kushagra Sah
Vansh Bhutani
The newly enacted criminal laws, i.e., Bharatiya Nyaya Sanhita, 2023 (“BNS”); Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”); and Bharatiya Sakshya Adhiniyam, 2023 (“BSA”) received the assent of the President of India on December 25, 2023. The overarching objective behind these criminal reforms is to depart from the colonial legacy of the criminal justice system, emphasizing a shift towards justice-oriented principles that prioritize the protection of rights of the Indian citizens. This transformative legislative endeavor aims to not only consolidate and streamline the existing criminal provisions, but also introduces new offenses, particularly in the realms of hate speech, terrorism, and acts impacting the nation’s sovereignty, unity, and integrity. Some of the significant amendments in the criminal procedural law include provisions addressing the timelines for investigations and trials, along with the introduction of trial in absentia against absconders. The procedural reforms also lay special emphasis on the integration of technology in the judicial process. This article embarks on an analysis of the newly enacted criminal reforms.
INDUSLAW's Padmaja Kaul, Yugank Goel, Kushagra Sah, Vansh Bhutani and Ritesh Patnaik examine of the newly introduced criminal reforms and analyse its key features in this Infolex Article.
