The criminal laws, which come into effect on July 1, aim at a overhaul of the British-era laws; introduce new section called ‘offences against the state’
Union home minister Amit Shah said the bills were drafted after wide consultations, and he has overseen every comma. Pic/PTI
The newly enacted laws—the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act—to change the criminal justice system in the country, will come into effect from July 1.
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They aim at a complete overhaul of the British-era laws giving a clear definition of terrorism, abolishing sedition as a crime and introducing a new section titled “offences against the state”—among many other changes. The three laws got the Parliament’s approval on December 21 last year and President Droupadi Murmu gave her assent on December 25. The laws will replace the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872 respectively.
Amit Shah in the parliament back in October when he presented the bill. Pic/Sansad TV
But it has also put on hold a new penal provision in hit-and-run cases under the Bharatiya Nyaya Sanhita. The new laws were passed by Parliament in the Winter Session. Last month, Prime Minister Narendra Modi directed that new criminal laws should be rolled out in a targeted manner in all Union Territories.
A gazette notification issued on Friday reads, “In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the Central Government hereby appoints July 1, 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.”
In January, transporters’ associations across the country staged a protest against provisions under the new code, as per which any driver who causes the death of a person by rash and negligent driving and flees from the spot will be jailed for up to 10 years and/or fined. The Centre assured all transporters that a decision on enforcing stringent provisions in such cases under the BNS will be taken only after consultation with the All India Motor Transport Congress (AIMTC).
The Centre has also decided to form a team of 3,000 officers who will train police officers, investigators, and forensic experts to implement the new laws across the country in a “zone-wise” manner. “The focus of the training will be on forensic evidence. There will be a model set-up in Chandigarh to ensure a full-proof online mechanism as most of the records would be digital,” a source said.
Another notification issued on Friday says, “In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), the Central Government hereby appoints July 1, 2024, as the date on which the provisions of the said Adhiniyam, shall come into force.”
“In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints July 1, 2024, as the date on which the provisions of the said Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force,” it adds.
Last month, Union Home Secretary Ajay Bhalla had a meeting with chief secretaries, advisors to Administrators, and all the police chiefs of UTs to review their preparedness. The latter were asked to immediately flag issues that they faced in the process of implementation of the laws to the Ministry of Home Affairs (MHA).
3,000
No officers to train other police personnel about the law
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