Criminal Law Reform May Modernise, Repress Or Both

Fulfilling a pledge in parliament, the government swept aside the three foundations of Indian criminal law, the Criminal Procedure Code, 1973 (CrPC), the Indian Penal Code, 1860 (IPC), and the Indian Evidence Act, 1872 (IEA). These have been replaced by three new legislations passed into law in December 2023, which took effect on 1 July 2024. They are the new code of criminal procedure, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the new penal code, the Bharatiya Nyaya Sanhita, 2023 (BNS) and the new evidence act, the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

Compared to the repealed CrPC, the BNSS is intended to infuse the criminal justice system with the speed and efficiency of the digital age in which we live. The BNSS redefines key terms such as bail, bail bond, bond, audio-video electronic means and electronic communication, most of which were absent in the previous code. This reflects the government's emphasis on clarity and efficiency through