INDIA'S CRIMINAL JUSTICE SYSTEM UNDERGOES OVERHAUL

A deep dive into Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.

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In 2019, the process of reforming the criminal justice system laws commenced, with the Home Ministry initiating this effort. Various stakeholders were invited to provide suggestions, including Governors, Chief Ministers, Lieutenant Governors/Administrators (September 2019), Chief Justice of India, Chief Justices of High Courts, Bar Councils, and Law Universities (January 2020), Members of Parliament (December 2021), and suggestions were also sought from all IPS officers by BPRD. A committee, chaired by the Vice Chancellor of National Law University, Delhi, was constituted in March 2020 to oversee this reform process.

A total of 3,200 suggestions were received from 18 States, 06 Union Territories, Supreme Court of India, 16 High Courts, 27 Judicial Academies – Law Universities, Parliament members, IPS officers, and police forces. The Honourable Home Minister conducted more than 150 meetings to thoroughly discuss these suggestions within the Home Ministry.

Now, it has been passed by both the Houses of the Parliament. And after the signature of the President, it will soon become a law.

The reform brings about significant changes in three key legislations – Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. 

BHARATIYA NYAYA SANHITA:

• It will consist of 358 sections (previously 511 sections of IPC).

• 20 new crimes have been incorporated.

• Imprisonment sentences have been increased in 33 crimes.

• The fine amount has been increased in 83 crimes.

• Mandatory minimum punishment has been introduced in 23 crimes.

• Community service penalties have been introduced in 6 crimes.

• 19 sections have been repealed.