India's newly-enacted laws for criminal justice system overhaul to come into effect from July 1

The overhaul of India's criminal justice systemis scheduled to take effect from July 1, 2024, a government release said on Saturday (Feb 22). The changes will take placewith the implementation of three new laws – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act, which will replace the existing Indian Penal Act,the Code of Criminal Procedure, and the Indian Evidence Act of 1872.

Approved by the Indian Parliament on December 21 last year, the bills became acts after receiving assent from President Droupadi Murmu on December 25. Aimed at redefining various offenses and their corresponding punishments, these legislations mark a significant departure from the traditional legal framework.

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However, a notable exception to the immediate enforcement lies in the provision related to hit-and-run cases by vehicle drivers.

New legal code won't be enforced for this offence

Prime Minister Narendra Modi's administration, for now, has opted not to implement this specific provision right away to immediate redressalto the concerns raised by truckers who staged protests against it.

"In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the central government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force," stated one of the notifications issued by India's Union home ministry.

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Particularly contentious was Section 106 (2), which proposes a 10-year imprisonment and fines for individuals causing death by rash and negligent driving and escaping without reporting it to authorities. The government has assured further consultation with the All India Motor Transport Congress before invoking this section.

Terrorism as offence well-defined in new legal code

Unique to the Bharatiya Nyaya Sanhita is the explicit definition of terrorism, a term absent in the preceding Indian Penal Code. The legislation abolishes sedition as a crime and introduces a new section titled "offences against the state." Acts such as secession, armed rebellion, subversive activities, and separatist endeavors are clearly outlined, emphasizing the focus on justice rather than punitive measures.

Under the new laws, the term 'Deshdroh' replaces 'Rajdroh,' reflecting a departure from colonial-era terminology. Furthermore, the legislation extends its jurisdiction to offences committed by Indian citizens globally, on Indian-registered ships or aircraft, and those targeting computer resources located in India.

(With inputs from agencies)