21 Nov 2023
The Bharatiya Nyaya Sanhita Bill, 2023 (Nyaya Sanhita Bill) and the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (Nagarik Suraksha Sanhita Bill) (collectively, New Codes) were introduced in the Lok Sabha on 11 August 2023 to repeal and replace the Indian Penal Code, 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC).
The wide-ranging changes to the existing criminal law regime proposed by the New Codes include consolidating the existing provisions of the IPC to make it concise and streamlined and introducing new offences in provisions pertaining to hate speech, terrorism and acts affecting the sovereignty, unity, and integrity of the nation. They also introduce provisions relating to timelines for conducting investigation and trial, and trial in absentia against absconders.
The New Codes were introduced to shift away from the colonial legacy of criminal justice administration which was geared towards punishing and repressing individuals, to a new system which promotes the idea of justice and safeguards the rights of Indian citizens.
The landscape of economic offences such as cheating and falsification of accounts has undergone modifications in the Nyaya Sanhita Bill. Some of the changes include consolidating different provisions relating to the same offence in the existing IPC under a new umbrella provision in the Nyaya Sanhita Bill, and introducing a new provision relating to ‘organised crime‘.
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A Comparative Analysis of the New Criminal Bills and the Existing Codes
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