To improve any society, state, and nation, it is necessary to have a law and order. Crimes in society are reduced by law and order and with time the types of Criminal Law Reforms. Therefore, it is very important to change the criminal laws according to time and social needs.

In ancient India, the law and order were based on our religious scriptures and customs. After this, the Mughals (believers of Islam) arrived in medieval India. The Mughals also brought their religion and Legal updates with them. The Mughals implemented Sharia law for criminal cases. Under this law, punishment like cutting off the hands of a thief and killing someone was considered a mutual dispute.

After this, the British entered India around 1600, and in 1765 the East India Company got the revenue rights of Bengal, Bihar, and Odisha. In 1772, Warren Hastings started making new legal provisions and courts as soon as he became the Governor General. The first law commission of India was formed by the British in 1834 and its chairman was Lord Macaulay. The first draft of the Indian Penal Code (IPC) was prepared by Macaulay and the second law commission of India was brought in 1853 under the chairmanship of Sir John Romilly. Sir John Romilly had prepared the draft of CPC (rules related to the process of implementing civil law), CrPC (the process of giving punishment and rules related to it), and IPC (rules related to punishment for crime).

In 1861, the third Law Commission of India was brought under the chairmanship of Sir John Romilly in which the Indian Evidence Act (rules related to evidence and witnesses), Indian Contract Act (rules related to employment, purchase and sale), and The Oath Act were made. After the introduction of these laws, the codification of the criminal law of India was almost completed. After this, the fourth Law Commission of India was brought in 1879 under the chairmanship of Dr. Whitley Stokes, in which the Code of Negotiable Instruments- 1881, Trust Law Code- 1882, Transfer of Property and Easement Code- 1882, Revised Penal and Civil Procedure Code- 1882 were implemented.

The Indian Penal Code i.e. IPC made by the British remained in force in India for about 170 years. In 2023, the Government of India enacted a new law system Bharatiya Nyaya Sanhita Law according to the needs of society and time and on 1 July 2024, the Indian Judicial changes was implemented by abolishing the British Indian Penal Code. 

Why was the Bharatiya Nyaya Sanhita implemented instead of the Indian Penal Code?

The Indian Penal Code Amendments was in force in our country since 1860 and it was made by the British for the enslaved Indians. Today, it has been more than 77 years since our country got independence and many changes have come in the type of social crimes. In such a situation, it becomes very important to change the criminal justice system according to time and social needs.

In place of Indian Penal Code-1860, Indian Criminal Procedure Code-1973, and Indian Evidence Act-1872, now Indian Justice Code-2023, Indian Civil Protection-2023, and Indian Evidence Act-2023 laws have come into force.

Many new crimes have been included in the Indian Justice Code. Such as 10 years imprisonment in case of cheating by promising marriage and life imprisonment in case of mob lynching based on race, caste-community, or gender, 03 years imprisonment for snatching, and anti-terrorism laws like UAPA have also been included.

What will change with the implementation of the Indian Judicial Code?

• FIR will have to be registered within three days of the complaint. A time limit of 45 days has been set for investigation and hearing.

• FIR will be registered through the Crime and Criminal Tracking Network System (CCTNS). This program works under the National Crime Records Bureau.

• Under the Criminal Tracking Network System, people can register e-FIR online without going to the police station. Zero FIR can be registered in any police station, whether the crime falls under the jurisdiction of that police station or not.

• Earlier only 15 days of police remand was available, but now police remand can be available for 60 to 90 days.

• The actions that endanger the sovereignty, unity, and integrity of India have been put in the category of crime (sedition), while the sedition law has been removed. Videography of search and seizure has been made mandatory in this crime. Terrorist acts were earlier part of special laws like the Unlawful Activities (Prevention) Act, but now these acts have been included in the Indian Penal Code.

• Earlier all states had different laws for small and big organized crimes like pickpocketing, but now a punishment of three years has been provided for all.

• Sex by false promise of marriage has been introduced as a special crime. A punishment of up to 10 years has been provided for this.

• Section 377 i.e. homosexuality was used to prosecute related issues, but now it has been removed.

• Now only the convicts sentenced to death can file mercy petitions, whereas earlier NGOs and civil society groups could also file mercy petitions on behalf of the convicts.

• Now gathering forensic evidence in investigation has been made mandatory and more emphasis has also been laid on the use of information technology.

• Women, children below the age of 15 years, people above the age of 60 years and disabled people, people suffering from serious diseases will be exempted from coming to the police station. But these people will be given police assistance at their place of residence only.

• A woman police officer will record the statement of rape victims in the presence of their guardian or relative and the medical report will be given within 07 days.

• Buying and selling a child has been made a heinous crime and a provision of death penalty or life imprisonment has been added for gang rape of a minor.

• Priority has been given to the investigation of crimes against women and children, under which the investigation will have to be completed within two months of filing the case. Victims have been given the right to get regular information on the progress of their case within 90 days.

• Victims of crimes against women and children will be given free first aid in all hospitals.

• In case of arrest, the person has been given the right to inform any person of his choice about his condition.

• Arrest details will be prominently displayed in police stations and district headquarters so that the family and friends of the arrested person can easily get important information.

• Both the accused and the victim have now been given the right to get FIR, police report, charge sheet, statement, confession and other documents within 14 days.

• Courts can adjourn the hearing of the case a maximum of two times to avoid unnecessary delay in hearing the case to provide timely justice.

• All state governments must implement witness protection schemes, so that the safety and cooperation of witnesses can be ensured.

• Transgender has now been included in the definition of gender. This will promote inclusiveness and equality. To provide more security to the victim and promote transparency in the investigation of any rape crime, the statement of the victim can also be recorded by the police through audio-video.'