New Criminal Laws on Trial: From India Gate FIRs to Constitutional Challenges

On a late November evening, a protest at India Gate overair pollution anda controversial security operation turned into one of the first major flashpoints under India’s new criminal laws.

- TDG NETWORK

Protestors in Chennai against new citizenship law on January 20, 2020.

Delhi Police added Section 197 of the Bharatiya Nyaya Sanhita (BNS) ~ an offense relating to statements prejudicial to “national integration” - to an FIR against demonstrators accused of raising slogans praising a slain Maoist commander. ‘The charge carries a potential three-year jail term.

Even as those students and activists face criminal proceedings in Delhi, the very law being used against them isunder constitutional attack hundreds of kilometers away.

WHAT CHANGED ON JULY 1, 2024?

On that date, three new codes replaced the colonialera Indian Penal Code, Code of Criminal Procedure and Evidence Act:

Bharatiya Nyaya Sanhita (BNS) - the new penal code,

Bharatiya Nagarik Suraksha Sanhita (BNSS) ~ procedure and policing powers.

Bharatiya Sakshya Adhiniyam (BSA) - rules of evidence.