The three new laws-the Bhartiya Nagrik Suraksha Sanhita 2023, the Bhartiya Nyaya Sanhita 2023, and the Bhartiya Sakshya Adhiniyam 2023 came into force on July 1, 2024. These laws replace the older legislation that was in effect before this date, specifically the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act.
The intent behind these updates is to address emerging issues and modernize the legal system. Over the years, these bills have evolved to reflect changes in society and adopt new approaches to crime and punishment within the country. The goal is to tackle the challenges of the 21st century, ensuring a fairer and more efficient legal framework. Introduction India's foundational legal codes were established during British rule:

• The Indian Penal Code (IPC) - Enacted in 1860, it defined offenses and prescribed penalties for crimes. Now, it is replaced by the Bhartiya Nyaya Sanhita 2023.
• The Code of Criminal Procedure (CrPC) - Originally passed in 1861 and revised in 1973, it outlines procedures for criminal prosecutions and trials. It is now replaced by the Bhartiya Nagrik Suraksha Sanhita 2023.
• The Code of Civil Procedure (CPC) - Enacted in 1859 and re-enacted in 1908, it governs procedures for civil litigation, including rules for filing suits, appeals, and executions. It is now replaced by the Bharatiya Sakshya Adhiniyam 2023.

These foundational codes were essential to India's legal framework.
 

Key Changes in the New Laws

1. Expedited Judgments: Criminal case judgments must be delivered within 45 days after the trial ends. Charges must be framed within 60 days of the first hearing.
2. Witness Protection: State governments must implement witness protection schemes to ensure witness safety and cooperation.
3. Rape Victim Protections: Statements from rape victims will be recorded by a female officer in the presence of a guardian or relative. Medical reports must be completed within seven days.
4. Stricter Penalties for Heinous Crimes: A new chapter addresses crimes against women and children. Buying or selling a child is now a heinous crime, and gang rape of a minor can result in life imprisonment or the death penalty.
5. Victim Rights: Victims of crimes against women are entitled to case updates within 90 days, and all hospitals must provide free first aid to victims.
6. Transparency in Evidence: Both the accused and victim will receive copies of the FIR, police report, charge sheet, and related documents within 14 days. Courts are limited to two adjournments to prevent delays.
7. Mandatory Forensic Involvement: Forensic experts are required to visit crime scenes in serious cases to collect evidence.
8. Expanded Definition of Gender: Gender now includes transgender people. For certain offenses, statements should be recorded by a female magistrate if possible.
9. Online Reporting Options: Crime incidents can now be reported electronically. The introduction of Zero FIR allows individuals to file an FIR at any police station, regardless of jurisdiction.
10. Rights of the Arrested: An arrested person has the right to inform a contact of their choice for immediate support. Arrest details will be displayed at police stations and district headquarters.
11. Marriage Misrepresentation: There are now punishments for cases where women are abandoned after being deceived by false marriage promises.

The aim of justice in India is to ensure fair trials, equal treatment, and the protection of rights. The objective of these laws is not solely punitive but also to provide opportunities for improvement.
 

Positive Impacts of the New Laws

• Enhanced Justice Delivery: Emphasizing restorative justice is expected to lead to fairer outcomes for victims, offenders, and society.
• Reduced Crime Rates: Stricter penalties are expected to deter criminal activity.
• Victim Empowerment: Strengthened victim rights, witness protection, and speedy trials are expected to improve victim confidence in the justice system.
• Efficient Procedures: Streamlined processes, online FIR registration, and technology integration improve efficiency and transparency.
• Modernized Evidence Rules: New rules on scientific and digital evidence are expected to strengthen prosecutions.
• Reduced Trial Time: Judgments must be delivered within 45 days of the hearing, and charges within 60 days.
   

Criticisms of the New Criminal Laws

• Re-introduction of Sedition: Section 150 of the BNS, which replaces Section 124A on sedition, has been criticized for its stringent penalties, which could suppress free speech and dissent.
• Lack of Consultation: Critics argue that the laws were passed without sufficient public input or parliamentary debate.
• Colonial Legacy: Some critics claim that 80-90% of the new laws mirror colonial-era laws.
• Expansion of Police Powers: Concerns exist over increased police powers, including longer pre-trial detentions and greater authority in search, seizure, and surveillance.
• Transgender Rights: Critics argue that the new laws insufficiently address violence against transgender individuals.
• Naming Convention Issues: Some claim that the Hindi names of the bills violate Article 348 of the Indian Constitution.
• Electronic Evidence Concerns: Some worry that the admissibility of electronic records increases the risk of fraud, as digital records can be manipulated.

First case registered under new laws is on a street vendor in Delhi under the Bhartiya Nyaya Sanhita

Conclusion: The new laws were presented to solve the new problems in the society but it would take a lot of time to use these laws easily because the laws like cpc or crpc took a long time to be prevalent.

Written By: Shadab Saifi, B.A.L.L.B. second year student have endeavored to shed light on critical issues. I hope this analysis sparks further discussion and inspires action among peers, legal professionals, and policymakers. It is only through collective efforts that we can strive for a more efficient and just judicial system. Thank you for engaging with this important topic.