India Implements New Laws, Replaces Colonial-Era Codes

On July 1, 2023, India had three new rules about crime. The country’s laws changed a lot because of this. Indian ideals and social norms will be replaced with laws from the British era in these laws. The goal is to bring the current legal system up to date.

A new set of laws

The new rules cover the following:
1. Bharatiya Nagarik Suraksha Sanhita (2023): It has replaced the Criminal Procedure Code (CrPC). This law changes the rules and ways that criminal cases are handled.
2. Bharatiya Nyaya Sanhita (BNS): It takes the place of the Indian Penal Code (IPC) and changes how many crimes are defined and punished. It does this by lowering the IPC’s amount of parts from 511 to 359.
3. Bharatiya Sakshya Adhiniyam: This law takes the place of the Indian Evidence Act and aims to improve and make it easy to follow the evidence rules used in court cases.

The goals and effects

The main goal of these laws is to get rid of any parts of the Indian legal system that are still left over from British rule. These rules are meant to do more than just punish people. They are also meant to protect civil rights, human rights, and justice. The criminal justice system is also much less likely to be late, which is another important thing.

Changes to Sections and Key Crimes

The Bharatiya Nyaya Sanhita (BNS) has changed and renumbered some well-known parts of the Indian Penal Code. Some changes that stand out are:

  • Murder (Section 103 BNS): This used to be Section 302 IPC.
  • This crime used to be called Section 307 IPC, but now it’s Section 109 BNS.
  • Rape (Section 63 BNS): This crime used to be under Section 375 IPC.
  • There is now Section 318 BNS for cheating.
  • This change to the numbers takes away the bad name that comes with the word “420,” which used to be Section 420 IPC.

About Bharatiya Nyaya Sanhita 

The “Bharatiya Nyaya Sanhita,” which is also known as the “Indian Code of Justice,” is a collection of old Indian laws and court processes. Texts like the Manusmriti and the Arthashastra had an effect on it. There are many types of law in it, including criminal law, civil law, and process law. The Nyaya Sanhita is mostly about dharma, which means moral duty. It has parts about the duties of kings, property, and contracts. Later Indian laws were based on its ideas, which were a unique mix of law, theory, and morals. It supported restorative justice over criminal justice and was one of the first examples of different types of law.

About Bharatiya Nagarik Suraksha Sanhita

There is a plan in India to make rules about people’s safety and security stronger and more consistent. This plan is called the “Bharatiya Nagarik Suraksha Sanhita” (Indian Civil Protection Code). With this code, different national and state laws are meant to be merged into a single law that covers everything, such as public health issues, crisis management, civil defense, and internal security. That way, all levels of government can work together. Its goal is to update response systems and make people better ready for different kinds of risks. This project is based on what we’ve learned from recent crises and disasters, which showed us where our present systems fall short.

About Bharatiya Sakshya Adhiniyam

The 1872 Indian Evidence Act is being changed by Bharatiya Sakshya Adhiniyam (BSA) to keep up with changes in technology. As technology becomes more common in the legal system, this new way fixes problems with how to handle evidence. The Bharatiya Sakshya Adhiniyam makes it easier for courts to handle case facts and situations using proof. This is different from the old law, which didn’t allow for digital and electronic channels. It treats digital records like paper records, which means they can be used in court and must be followed. The act makes secondary proof stronger. This includes automatic copies, copies that have been checked against the originals, and copies of papers that haven’t been signed. Secondary proof is hearing from people who saw the paper and can match its hash number. Legal change makes sure that the law is strong and up-to-date with technology.

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