The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) came into effect on Monday, marking a historic shift from the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. Union Home Minister Amit Shah, during a press conference, announced that under these new laws, justice would be delivered up to the Supreme Court level within three years of the registration of an FIR.
Shah expressed optimism that crime rates would decline, with a projected 90 percent conviction rate under the new statutes. He emphasized that the implementation of these laws positions India to have the most modern criminal justice system globally. “The new laws introduce a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, electronic summons, and mandatory videography of crime scenes for heinous crimes,” Shah stated.
The new laws prioritize justice delivery over penal action, which was the primary focus of the colonial-era laws. Reporting crimes has been made more accessible through the recognition of e-FIR, Zero FIR, and digital evidence. Shah highlighted that the judicial process would now be time-bound, with specific time limits set to prevent prolonged delays. A notable addition is a chapter on crimes against children and women, with a requirement for inquiry reports in such cases to be filed within seven days.
According to the new laws, judgments in criminal cases must be delivered within 45 days of the trial’s completion, and charges must be framed within 60 days of the first hearing. These statutes also promote a justice-centric approach by providing community service for minor offenses.
Shah pointed out significant changes in the new laws, including defining organized crime, terrorism, and mob lynching. Sedition has been replaced with treason, and video recording of all searches and seizures is now mandatory. A new chapter addresses crimes against women and children, making the buying and selling of any child a heinous crime and imposing severe penalties for gang rape of a minor, including death or life imprisonment.
Additionally, a new provision addresses cases of physical relations under false promises of marriage. Statements from rape victims will now be recorded by a female police officer in the presence of the victim’s guardian. The new laws also simplify and merge overlapping sections, enabling incident reporting through electronic communication without needing to visit a police station physically. The introduction of Zero FIR allows individuals to file a First Information Report at any police station, regardless of jurisdiction.
However, the introduction of these laws has not been without controversy. The Congress party accused the government of forcibly passing the new statutes in Parliament after suspending 146 MPs. Congress President Mallikarjun Kharge criticized what he called “bulldozer justice” in a post on X (formerly Twitter).
Former Union Home Minister P. Chidambaram dismissed the new laws as largely redundant, stating, “90-99 percent of the so-called new laws are a cut, copy, and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise.”
In response to opposition protests, Amit Shah invited critics to discuss their grievances with him, asserting his openness to hearing suggestions. “I am ready to meet anyone who wants to discuss. We will meet and review. But please do not politicize this,” he said.
Rejecting claims that the new laws are draconian and repressive, Shah argued that they are modern and protective of victims’ rights while holding police accountable. BJP national spokesperson Gaurav Bhatia praised the new laws as symbols of India’s progress and resilience, asserting that the outdated Indian Penal Code and Indian Evidence Act were ill-equipped to address contemporary issues.
The legal community’s reaction to the new laws has been mixed. Some legal experts hailed them as a significant step towards modernizing the criminal justice system, while others labeled them as draconian and merely cosmetic.
