New Criminal Justice Laws To Come Into Effect From July 1, 2024
New Criminal Justice Laws To Come Into Effect From July 1, 2024
Starting on July 1, 2024, three significant criminal justice laws will be in effect, as announced by the government. These laws, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act received approval from Parliament during the winter session on December 21, 2023, and were later endorsed by President Droupadi Murmu on December 25. They mark a departure from the British-era legal framework, replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act of 1872.
One noteworthy change is the shift towards digitization in the handling of records, with the new laws emphasizing the generation and supply of information in digital form. Home Minister Amit Shah, during the parliamentary debate, highlighted the focus on delivering justice rather than merely imposing punishments.
A groundbreaking aspect of the Bharatiya Nyaya Sanhita is the inclusion of a clear definition of terrorism for the first time. The laws also brought about the abolition of sedition as a crime and introduced a new section titled ‘offences against the state.’ Responding to concerns raised by truckers and transporters, the government has assured that subsection 2 of Section 106 of Bharatiya Nyay Sanhita, which deals with fatal hit-and-run cases, will not be enforced. This subsection proposed higher penalties for failure to promptly inform the police or other authorities after an accident.
One of the notifications stated, “In exercise of the powers conferred by sub-section (2) 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.” This decision follows protests from truckers who opposed the stringent penalties outlined in Section 106(2) for causing death due to negligent driving and fleeing without reporting it to the police, which includes a 10-year imprisonment term and a fine.
