In order to shed its colonial baggage and bring reform in penal laws to accommodate modern challenges, India has recently introduced 3 new criminal laws with effect from 1 July, 2024.

The new laws-

1. Substantive- Bhartiya Nyaya Sanhita (BNS), replacing Indian Penal Code, 1860,
2. Procedural- Bharatiya Nagrik Suraksha Sanhita (BNSS), replacing Criminal Procedure Code, 1974
3. Evidence- Bhartiya Sakshya Adhiniyam (BSA) replacing  Indian Evidence Act, 1872.

Potential Benefits of the laws

1. Reduced ambiguities- With regards to organized crime and terrorism, the emphasis on national security is given its due with well-defined crimes.
2. Women safety- Criminalises crime against women previously left unchecked. Eg- section 69 penalises sexual intercourse by “deceitful means”.
3. Checks misinformation- criminalises the spread of fake news thus improving measures of public order.
4. Technological integration- to improve efficiency of process and transparency. Eg- e-FIRs, charge sheets in BNSS.
5. Transparency- Measures like videography of search & seizure and stricter timelines improves accountability. Eg- Fast-track courts, summary trials.

Challenges 

1. Excess police powers- The criminal justice system can be questioned with potential abuse of power in the extension of police custody from 15 to 60 days.
2. Uncertainty- Few undefined provision and vague phrases may lead to curbing of dissent. Eg “compromising sovereignty, unity & integrity of India”.
3. Implementation issues- Higher burden of evidences procedure and videography on the police might compromise efficiency, burden resources.

With the changing nature of criminal activities and increasing cyber crimes, there is a need to overhaul the justice system to address new and emerging problems while plugging the existing loopholes to reflect contemporary India.