President gives assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023

President Droupadi Murmu has given her assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023. These three new criminal justice bills were passed by the Parliament last week.

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code (IPC), 1860, which is the principal law on criminal offences in the country. The new act adds community service as a form of punishment. The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 has replaced the Criminal Procedure Code, 1973 (CrPC). The CrPC provides for the procedure for arrest, prosecution, and bail. The Bharatiya Sakshya (Second) Bill, 2023 replaced the Indian Evidence Act, 1872.

The Act governs the admissibility of evidence in Indian Courts.  It applies to all civil and criminal proceedings. The provisions have been made in these legislations to digitize the entire process from FIR to case diary, case diary to charge sheet and charge sheet to judgment.

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In these laws there is a provision for death penalty for mob lynching. Various provisions have been made for the safety of women and children. In the Bharatiya Nyaya Sanhita, there is a provision for life imprisonment and death penalty for the crime of rape of a woman under 18 years of age. In cases of gangrape, there is a provision of imprisonment of 20 years or imprisonment till death. For the first time terrorism has been defined in the criminal justice system.