16 Jan 2024
On 25 December 2023, the government has enacted a new version of the criminal codes – Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya (Second) Adhiniyam. This article builds on the earlier comparative analysis of the first version of the new criminal bills with the existing codes. It also delves a step further into what modifications have been made by this second enacted version vis-à-vis the first set of bills.
The Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill (collectively, New Bills) were introduced in the Parliament on 11 August 2023 to replace the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 (CrPC) and the Indian Evidence Act, 1872 (collectively, Existing Codes), respectively. These New Bills were referred to the Parliamentary Standing Committee on Home Affairs (Standing Committee) for detailed evaluation and review on the same day that they were introduced. The Standing Committee report was adopted by the Parliamentary Committee on Home Affairs on 6 November 2023. In light of the recommendations of the Standing Committee, the government withdrew the New Bills on 12 December 2023.
The New Bills were then modified by the government in accordance with the Standing Committee’s recommendations and introduced on 12 December 2023 itself, as the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Adhiniyam (collectively, New Codes). The New Codes were passed by the Parliament on 21 December 2023, and received presidential assent on 25 December 2023. However, they are yet to be notified.
This update discusses the differences between the New Codes and the New Bills. (To read our detailed comparative analysis of the New Bills and the Existing Codes, click here.)
The notable changes in the Nyaya (Second) Sanhita are in the definitions of ‘organised crime‘ and ‘economic offences‘ in accordance with the suggestions of the Standing Committee and incorporating ‘community service‘ as a new mode of punishment for minor offences.
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