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BACKGROUND

Criminal laws in India can be traced back to the Vedic period eras like Manusmriti outlined rules for conduct and penalties for various offenses. Arthashastra written by Kautilya also included legal codes and prescribed punishment for crime. With the establishment of Muslim rule (1206-1857) there was an evolution influenced by sources like Smriti and the implementation of Shariat law during the time of the Mughal Empire, the Mughals created the Mahakuma e Adalat, a department responsible, for dealing with both criminal and civil cases under Islamic law. However, there were multiple challenges that came with this system. These challenges included the absence of a distinction between the judiciary and the executive branches, inconsistencies, in the application of criminal laws and instances of corruption. In the colonial period, the East India Company played a key role in shaping the criminal justice system leading to the appointment of First law Commission under Thomas Babington Macaulay. The concept of high courts was introduced and codes were enacted in 1860s namely, The Indian penal Code, 1862, Code of Criminal Procedure and The Indian Evidence act, 1872. After India gained independence in 1947, the existing legal framework, largely based on British laws, was retained. However, there have been numerous amendments and reforms to address new challenges and changing social values. In December 2023, the Indian government reintroduced three revised bills in the Lok Sabha to replace the existing British-era criminal laws, after withdrawing the previous versions, introduced in August 2023, aimed at overhauling the country’s criminal justice system. These bills were designed to replace the existing Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. Hon’ble President gave her assent on December 25^th, 2023. The new bills namely Bharatiya Nyay Sanhita, Bharatiya Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, aims to modernize and simplify the penal laws. It seeks to remove outdated provisions, introduce new offenses, and redefine existing ones to be more in line with contemporary legal standards and human rights. On February 25, the Centre notified July 1 as the date on which these laws will take force. However, the replacement of the old bills with these new bills poses several lacunae when it comes to the implementation such as the government gave time to the states to train police officials and incorporate it into their systems but to their dismay Not many States have shown the urgency to train the police officials in the new laws. The analysis of the Bills reveals gaps and shortcomings that warrant attention. Whatsoever, The Acts demonstrate a commitment to providing enhanced protection for marginalized and vulnerable segments of society, aligning the criminal justice system with current needs and values.

UPDATE

Recently, Senior Advocate Indira Jaising had written to the Law Minister requesting that the laws be kept on hold. Several lawyers and academics have raised concerns about the new laws. Union Law Minister Arjun Ram Meghwal made it clear that Central Government was not reconsidering the decision to implement the new criminal laws from July 1,2024. He reiterated that the laws replacing the Indian Penal Code 1860, the Indian Evidence Act 1872 and the Code of Criminal Procedure 1973 will come into force from July 1.

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Written By – PRATYASA MISHRA