Three newly enacted criminal laws set to come into effect from 1st July, 2024
According to the government's latest notification, 3 newly enacted criminal laws Bhartiya Nyay Sanhita, Bhartiya Nagrik Suraksha Sanhita and Bhartiya Sakshya Act that got the parliament approval on 21st December 2023 and was given the assent on 25th December 2023 by the President Draupadi Murmu are set to come into effect from 1st July 2024. These three newly enacted criminal laws will replace the colonial Era Indian Penal Code, the Code of Criminal Procedure and Indian Evidence Act of 1872 respectively.
Following the laws' passage, the truckers objected to Section 106(2), which stipulates that, anyone who kills someone by recklessly driving a vehicle—a crime that does not constitute culpable homicide—and then flees the scene without reporting it to the police faces ten years in prison and a fine. The All India Motor Transport Congress would only be consulted before deciding to implement Section 106(2) of the Bharatiya Nyay Sanhita, according to Union Home Secretary Ajay Bhalla.
The notifications said, “In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the central government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force."
Bharatiya Nyaya Sanhita specifies certain offenses
Under the new form of the sedition legislation, the Bharatiya Nyaya Sanhita specifies offenses including secession, armed rebellion, subversive actions, separatist activities, and jeopardizing the sovereignty or unity. It states that anyone purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
According to the Section 106 (2) of the Bharatiya Nyaya Sanhita, “Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.”
Seditious behavior is covered under IPC Section 124A, which carries a life sentence or a three-year prison sentence as punishment. The title "Rajdroh" has been replaced with "Deshdroh" under the new rules, eliminating any allusion to the British monarchy. The Bharatiya Nyaya Sanhita has introduced a chapter titled 'Crimes against Women and Children' to address sexual offenses. In situations involving the rape of women under the age of eighteen, there is a provision for life imprisonment or the death penalty.
