The Indian government, led by Prime Minister Narendra Modi, has replaced colonial-era criminal laws with new legislation, claiming it will make the country more just. However, opposition parties and legal experts fear this change could disrupt the criminal justice system.
On Monday, India implemented an overhaul of its criminal laws. The Bharatiya Nyaya Sanhita, 2023, replaces the Indian Penal Code of 1860; the Bharatiya Sakshya Adhiniyam, 2023, replaces the Indian Evidence Act of 1872; and the Bharatiya Nagarik Suraksha Sanhita, 2023, takes the place of the Code of Criminal Procedure, 1882. These new laws were approved by parliament in December during Modi’s previous term, with the aim of “giving justice, not punishment” and addressing outdated colonial laws that had shaped the system for over a century.
Key changes include the removal of the sedition law, a tool often used to suppress dissent since British colonial times. Laws dealing with sexual assault have been strengthened, and the previous law criminalizing sodomy has been abolished. Additionally, the time police can hold a suspect without charge has increased from 15 days to 60, and in special cases, up to 90 days.
India’s top judge, DY Chandrachud, hailed the new laws as a “watershed moment for our society.”
However, opposition members argue that these laws were passed without adequate parliamentary discussion. Congress MP and former federal minister P Chidambaram criticized the lack of debate, suggesting that the new laws only offer marginal improvements and could have been implemented as amendments to existing legislation. Critics also worry that the changes could exacerbate the already slow pace of justice in India.
