#262: New Criminal Codes explained

Jul 02, 2024

Bhartiya Nagarik Suraksha Sanhita is now in force

FIR by any electronic means such as WhatsApp is now accepted 😮

Read to understand everything about new criminal laws 👇🏻

Introduction

From 1st of July the century old laws won’t be applied on any case.

The Indian Penal Code,1860 is now Bhartiya Nyaya Sanhita

Code of Criminal Procedure, 1973 is now Bhartiya Nagarik Suraksha Sanhita

The Indian Evidence Act, 1872 is now Bhartiya Sakshya Adhiniyam

NOTE: Old cases (registered before 1st July) will be decided by the old laws.

But, why Now?

The old laws are being replaced to:

• Address victim rights issues

• Enhance efficiency of judicial functioning

• Incorporate Indian values into India’s legal system

• Modernize existing laws according to need of the hour

• Evolve existing laws according to contemporary challenges

Understand better with the following examples 👇🏻

But, are the changes justified in nature?

YES, but NO…👇🏻

Concerns and Criticisms

• The laws were passed in December 2023 with voice voting when over 90 MPs from the opposition were suspended.

This, as per opposition, turned the credibility of laws debatable.

• Non-Hindi speaking states such as Bengal, Tamil Nadu and Karnataka have raised concerns regarding Hindi names used in the drafts.

• The new laws allow 14 days of police investigation without official filing of FIR.

• Hon. Home Minister has clarified that the police custody is still limited to 15 days. But, can be spread over 60 to 90 days.

This, as per opponents, raises concerns about reduced civil liberty.

• Also, anyone disturbing the ‘public order’ can be considered a terrorist 😨

• Vague definitions of sedition also allow misinterpretations, deteriorating civil liberty of individuals.

• FIRs by any electronic means are accepted, which means even a WhatsApp message can be a potential FIR.

However, the states are provided with option to regulate the laws according to their situations

How this legislative experiment turns out, time will reveal.

Until then,

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