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July 3, 2024

Curtains on old IPC, CrPC, Evidence law, new criminal codes come into effect from today

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While the IPC, CrPC and Evidence Act will continue to operate for all offences committed before July 1 for all stages of litigation, the new Sanhitas will apply for offences committed after the gazette notification kicks in.

Effective Monday, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam will replace the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872.

Together, these three laws govern the criminal justice jurisprudence — from defining penal offences, prescribing processes for investigation and evidence gathering to governing the process of a trial in court.

Among the key changes will be the introduction of new offences in the Bharatiya Nyaya Sanhita (BNS) — from making a deceitful promise to marry (up to 10 years in jail); ‘mob lynching’ on the ground of race, caste or community, sex… (life sentence or death penalty); snatching (up to 3 years in jail) to bringing in stringent anti-terror, organised crimes under its ambit.

Under the Bharatiya Nagrik Suraksha Sanhita (BNSS), the law extends detention in police custody from the current 15-day limit under the CrPC to up to 90 days. This prolonged pre-trial detention for ordinary penal offences has raised concerns about personal liberty.

While the IPC, CrPC and Evidence Act will continue to operate for all offences committed before July 1 for all stages of litigation, the new Sanhitas will apply for offences committed after the gazette notification kicks in.

The three laws were passed by Parliament in December through a voice vote in both Houses when many Opposition MPs were under suspension.

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