Union Home Minister and Minister of Cooperation Shri Amit Shah says, the tableau of three New Criminal Laws presented by MHA embodies historic legal reforms erasing colonial vestiges under Prime Minister Shri Narendra Mo...

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Three New Criminal Laws — UPSC Study Note

1. At a Glance

• Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023 replace the IPC 1860, CrPC 1973 and Indian Evidence Act 1872 [S2][S3].
• Assented by President on 25 December 2023; came into force 1 July 2024 [S2][S3].
• Pitched as shift from a "punishment-oriented" to a "justice-oriented" system, erasing colonial vestiges [S1].

2. Why in the News

• On Republic Day, 26 January 2026, the MHA tableau at Kartavya Path showcased the three new criminal laws and the supporting tech stack — e-Sakshya, e-Summons, Nyaya Shruti, NAFIS and ICJS [S1].
• HM Amit Shah termed it a "historic legal reform" under PM Modi, sensitising citizens to fast, accurate, people-centric justice [S1].

3. Background & Evolution

• 2020: Committee for Reforms in Criminal Laws (chaired by Prof. Ranbir Singh) constituted by MHA.
• 11 August 2023: Bills first introduced in Lok Sabha by HM Amit Shah [S2].
• December 2023: Revised "Second" Bills passed by Parliament; Presidential assent on 25 Dec 2023 [S2].
• 1 July 2024: All three laws operational, except Sec 106(2) BNS (hit-and-run provision) kept in abeyance [S3].
• December 2024: PM Modi dedicated "successful implementation" to the Nation at Chandigarh; HM Shah launched e-Sakshya, Nyaya Setu, Nyaya Shruti, e-Summon apps [S3].

4. Core Static Facts

• Implementing Ministry: Ministry of Home Affairs (MHA) [S1].
• BNS — 358 sections (vs 511 in IPC); 20 new offences added, 22 repealed, 175 amended [S2].
• BNSS — 531 sections (vs 484 in CrPC); 9 new, 9 repealed, 160 amended [S2].
• BSA — 170 sections (vs 167 in IEA); 1 new, 5 repealed, 23 amended [S2].
• Crimes against women & children placed under a single chapter in BNS for first time [S3].
• Plea bargaining (BNSS Sec 290) — application within 30 days of framing of charge [S3].
• First-time offenders — bond release after detention up to 1/3rd of max sentence (BNSS) [S3].
• Victim must be heard before withdrawal of prosecution (Sec 360 BNSS) [S3].
• Tech stack: e-Sakshya (digital evidence), e-Summons, Nyaya Shruti (court audio), NAFIS (National Automated Fingerprint Identification System – NCRB), ICJS (Inter-operable Criminal Justice System) [S1].

5. Multi-Dimensional Analysis

Legal / Constitutional - Replaces three colonial-era statutes; rooted in Entry 1 & 2, List III (Concurrent List) — criminal law/procedure [S2]. - New offences include organised crime, terrorism, mob lynching; sedition (124A IPC) recast as offence against "sovereignty, unity and integrity of India" under Sec 152 BNS [S2].

Administrative - Mandatory forensic visits for offences ≥7 years imprisonment; videography of search & seizure [S3]. - Zero FIR, e-FIR, and time-bound investigation/trial timelines [S3].

Scientific / Technological - e-Sakshya app enables tamper-proof recording of crime-scene evidence and witness depositions [S1][S3]. - ICJS 2.0 integrates police, courts, prosecution, prisons, forensics on a single platform [S1].

Ethical / Governance - Victim-centric: audi alteram partem before withdrawal; community service introduced as punishment (first time in Indian law) [S3]. - Concerns: extended police custody up to 60/90 days within initial detention window; reduced procedural safeguards flagged by critics [S2].

Federalism - States like Tamil Nadu, Karnataka, West Bengal have demanded review/amendments; Hindi nomenclature contested under Article 348 debates [S2].

6. Recent Developments

• 26 Jan 2026: MHA Republic Day tableau on three new criminal laws [S1].
• Dec 2024: PM dedicates implementation to nation at Chandigarh; tech apps launched [S3].
• 2024 Year-End Review (Law & Justice): nationwide training of police, prosecutors, judicial officers undertaken [S2].

7. Prelims Hooks

• BNS replaces IPC 1860 [S2].
• BNSS replaces CrPC 1973 [S2].
• BSA replaces Indian Evidence Act 1872 [S2].
• All three notified 25 Dec 2023; effective 1 July 2024 [S3].
• BNS has 358 sections; BNSS 531; BSA 170 [S2].
• Sec 106(2) BNS (hit-and-run) — kept in abeyance [S3].
• Sedition replaced by Sec 152 BNS (acts endangering sovereignty/unity/integrity) [S2].
• Community service introduced as a form of punishment for first time [S3].
• Plea bargaining: 30 days from framing of charge (Sec 290 BNSS) [S3].
• NAFIS maintained by NCRB (under MHA) [S1].
• ICJS = Inter-operable Criminal Justice System linking police, courts, prisons, forensics [S1].
• Drafting committee chaired by Prof. Ranbir Singh (2020).
• Mandatory forensic visit for offences punishable with ≥7 years [S3].
• Bills introduced 11 August 2023 in Lok Sabha [S2].

8. Mains Relevance

• GS-II: Polity & Governance — "Government policies & interventions"; statutes & their implementation.
• GS-III: Internal Security — criminal justice reform, organised crime, terrorism provisions.
• GS-IV: Ethics — victim-centric justice, dignity, restorative justice (community service).

Probable stems: 1. "The three new criminal laws aim to transition India from a punishment-oriented to a justice-oriented system. Critically examine." (GS-II) 2. "Discuss the use of technology (e-Sakshya, ICJS, NAFIS) in operationalising the new criminal laws and the federal challenges in implementation." (GS-III) 3. "Has the recasting of sedition under Sec 152 BNS adequately addressed civil-liberties concerns? Evaluate." (GS-II)

9. Related Topics to Study Next

• Sedition law jurisprudence (Kedar Nath, S.G. Vombatkere) — context for Sec 152 BNS.
• NCRB & Crime in India report — administers NAFIS.
• ICJS Phase-II — MHA flagship under digital governance.
• Article 20, 21, 22 — rights of accused, due process linkages.
• Malimath Committee (2003) — earlier criminal justice reform blueprint.
• Justice Verma Committee (2013) — informed offences against women.
• Concurrent List entries 1, 2, 12 — federal architecture of criminal law.
• e-Courts Mission Mode Project — judiciary digitisation overlap.

10. Common Errors / Trap Areas

• Don't confuse BSA (Bharatiya Sakshya Adhiniyam) with BNS; BSA replaces Evidence Act, not IPC.
• Laws were notified Dec 2023, but enforced 1 July 2024 — not the same date.
• Sec 106(2) BNS is not in force — exempted after truckers' protest.
• NAFIS is under NCRB/MHA, not under judiciary or CBI.
• Bills were introduced as "Second" versions in December 2023, after withdrawal of August 2023 originals — common factual slip.

11. Sources

• [S1] Press Release — MHA tableau on three New Criminal Laws (PRID 2218893), 26 Jan 2026 — https://www.pib.gov.in/PressReleasePage.aspx?PRID=2218893 — (tier: 1)
• [S2] PIB / PRS — Passage of BNS, BNSS, BSA 2023 (PRID 1989434; PRS Bill track) — https://www.pib.gov.in/PressReleasePage.aspx?PRID=1989434 ; https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023 — (tier: 1)
• [S3] PIB — Key Features / Highlights of New Criminal Laws & Chandigarh launch of e-Sakshya, Nyaya Shruti, e-Summon (PRIDs 2039055, 2041322, 2079850, 2158411) — https://www.pib.gov.in/PressReleasePage.aspx?PRID=2158411 ; https://www.pib.gov.in/PressReleasePage.aspx?PRID=2041322 — (tier: 1)