Curtain falls on IPC, CrPC and Evidence Act: New Criminal Code comes into force today
The Indian judicial system is nervously welcoming the new Criminal Code, which comes into force today (1 July) and replaces the decades-old Indian Penal Code, Indian Evidence Act and Act. Replacement of Criminal Procedure Code. The IPC (1860) and Evidence Act (1872), enacted during the British Raj, have been replaced by the Bharatiya Nyaya Samhita and Bharatiya Saksha Adhiniyam. The Criminal Procedure Code, 1973, has been replaced by the Bharatiya Nagarik Suraksha Sanhita.
These laws were passed by Parliament in December last year. They received Presidential assent in the same month, but their implementation was delayed by the Union government. The government announced on February 24 that the Act will come into force on July 1. Concerns are rife among legal experts about the impact of the new Act, and prominent lawyers, state bar associations and bar associations have also voiced protest. The Bar Council of India issued Acts last week. While the government said the new Acts would decolonise and modernise India's legal system, some critics argue that there is nothing substantial new in the Acts as most of the provisions of the old Acts have been retained; albeit with different numbers and designations. Thus, these Acts do not offer any new reforms but may create great difficulties for police officers, lawyers and judges who will be forced to learn the new order of
exactly. Concerns have also been raised over the new provisions expanding the scope of police custody. The Supreme Court has dismissed two cases challenging the new law: one because it was filed before the law came into force, and the other because it was poorly worded. Chief Justice of India DY Chandrachud recently opined that the new law will have a positive impact only if the necessary investments are made in infrastructure and capacity building of forensic and judicial officers.
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July 01, 2024 at 07:29AM
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