For over 160 years, India’s criminal justice system was guided by the Indian Penal Code (IPC, 1860), the Code of Criminal Procedure (CrPC, 1973), and the Indian Evidence Act (1872). While these laws provided structure, they were essentially designed to protect the interests of the British Raj, not independent India.
Now, with the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), India has rewritten its legal backbone, shedding colonial baggage and adopting laws that prioritize justice, technology, and citizens’ rights.
Goodbye to Colonial Shadows: Laws Removed
The British were not interested in justice for Indians; they wanted compliance and control. Many laws reflected this agenda. Their removal is both symbolic and substantive:
- Sedition (Section 124A IPC): Infamously used to punish leaders like Bal Gangadhar Tilak and Mahatma Gandhi. Its repeal closes a colonial chapter, though a new provision safeguards sovereignty and unity without silencing dissent.
- Adultery (Section 497 IPC): Once criminalized only men, while treating women as passive “victims.” It is now gone, rightly treated as a private matter.
- Unnatural Offences (Section 377 IPC, partly struck down in 2018): A tool of Victorian morality, criminalizing consensual relationships. The new code respects autonomy and consent.
- “Thug” and “Suspected Person” Offences: Outdated categories that painted communities with prejudice have been removed.
By removing these, India signals it will not carry forward laws rooted in control, patriarchy, and prejudice.
What Replaced the Old: A Future-Ready Legal Framework
What is most striking is not what is gone but what has been added. The new criminal codes reflect twenty-first-century India:
- Terrorism Defined: For the first time, terrorism is explicitly defined under BNS. Earlier, such offences were scattered under special laws.
- Mob Lynching Criminalized: A burning issue in recent years, now recognized with stringent penalties.
- Organized Crime and Cybercrime: Modern threats like cyber fraud, online impersonation, and digital scams are covered.
- Community Service as Punishment: A progressive step toward reformative justice.
- Women and Child Protection: Expanded provisions for trafficking, sexual assault, and stalking.
- Strict Timelines: BNSS mandates that police complete investigations in heinous offences against women and children within two months.
These provisions show that the focus has shifted from punishment alone to deterrence, technology, and victim-centric justice.
A Side-by-Side Look
| Colonial-Era Provisions (IPC, CrPC, Evidence Act) | New Criminal Laws (BNS, BNSS, BSA) |
|---|---|
| Sedition (124A IPC), used to crush dissent | Repealed; replaced with offences against sovereignty, integrity, and unity (BNS §150) |
| Adultery (497 IPC) | Decriminalized completely; treated as civil/private |
| Section 377 IPC (partially struck down) | Only non-consensual sexual acts or those against minors remain criminalized |
| “Thug” and “Suspected Person” categories | Deleted as irrelevant and discriminatory |
| CrPC delays and bulky paperwork | BNSS introduces e-FIRs, digital summons, video trials, and strict timeframes |
| Evidence Act limited to oral/written proof | BSA expands to emails, digital signatures, and electronic records |
What Still Remains (But in a New Avatar)
Not everything was thrown out. Core principles that safeguard order and justice are retained, though modernized:
- Serious Crimes: Murder, theft, robbery, assault, rape all remain central offences.
- Defamation: Still a criminal offence, even though it has been decriminalized in some democracies.
- Procedural Safeguards: Arrests, bail provisions, and trial processes are retained, though with digitization and time-bound mandates.
- Victim’s Rights: Stronger victim-centric provisions ensure survivors of crimes are not left voiceless.
This continuity ensures that while India modernizes its legal codes, the foundations of justice remain unshaken.
Why This Matters
The shift is not just a legislative overhaul, it is a civilizational correction. For decades, India was forced to interpret justice through colonial lenses. The new laws attempt to:
- Emphasize speedy trials and reduce pendency.
- Acknowledge technology as central to justice (digital evidence, e-procedures).
- Empower victims and focus on citizen-centric justice.
- Shed colonial morality while addressing modern social concerns.
In short, this is India writing its own criminal philosophy, finally, in its own voice.
Further Reading
For readers who want to explore the exact text of the updated laws, check out the EBC Combo of New Criminal Major Bare Acts, 3rd Edition – a handy resource to understand the Bharatiya Nyaya Sanhita, BNSS, and BSA in detail.
Fun Fact
Did you know that under the new BNSS, police stations can now register an e-FIR for certain offences without requiring the complainant to physically visit the station? This is a historic first in India’s criminal justice system, designed to make justice more accessible and citizen-friendly.
