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Writer's pictureAmit Mathur

Is It Time to Reevaluate and Update Outdated Criminal Laws?

Prime Minister Narendra Modi addressed the successful implementation of three landmark criminal laws On Tuesday. He emphasized that the old criminal laws, crafted during the British colonial era, were designed to punish Indians and keep them subjugated.

He highlighted that the newly introduced Nyaya Sanhita strengthens the democratic principles of "Of the People, By the People, For the People."


PM Modi reflected on the legacy of the British criminal laws, which were meant to oppress and exploit the Indian populace. He noted that when India gained independence in 1947, the people were hopeful that they would also be freed from these colonial laws, which had been used as tools of control and subjugation.

"The freedom struggle of 1857 shook the roots of the British rule," he said, mentioning how the Indian Penal Code (IPC) was introduced in 1860 and the Criminal Procedure Code (CrPC) followed shortly thereafter.

These laws, he asserted, were made with the purpose of punishing Indians and keeping them enslaved. 

"Do Modern Societies Still Need to Uphold Outdated Laws from the Time of Slavery?"

The Need for Change

Despite India's independence, PM Modi pointed out that the country continued to operate under the same penal code that was established during British rule. While minor changes were made over the years, the character of the laws remained largely unchanged, continuing the colonial mindset.


Why should we continue with laws in an independent country that were made for slaves?" he questioned. The Prime Minister emphasized the need to shed this colonial mindset and transition to a legal framework that aligns with the democratic ideals of the country.


The Spirit of 'Of the People, By the People, For the People'  

Highlighting the significance of the new criminal laws, PM Modi stressed that the Nyaya Sanhita strengthens the foundational democratic principle of "Of the People, By the People, For the People." He also recalled his call for this shift made on August 15th from the Red Fort.

PM Modi elaborated on the extensive consultation process that went into the creation of the three new criminal laws: the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.

These laws were shaped with inputs from Chief Justices of India, Chief Justices of High Courts, the Supreme Court, 16 High Courts, judicial academies, law institutes, and civil society experts.


The Home Ministry had sought suggestions in January 2020, and over several years, stakeholders engaged in discussions to address the challenges faced by India's judicial system.

The Prime Minister expressed his gratitude to the Supreme Court, judges, and all High Courts of the country for their contributions in shaping the new laws. 

"These laws reflect practical challenges, tested on futuristic parameters, and provide a robust framework for the future of India's legal system," he stated.

PM Modi noted that the implementation of these new criminal laws is a monumental step forward for India, especially as the country embarks on its vision of a Viksit Bharat (Developed India).

With the Constitution completing 75 years, the introduction of these laws marks a significant milestone in fulfilling the ideals envisioned by the framers of the Constitution. He also encouraged citizens to observe live demonstrations of how the new laws are applied, signaling the government's commitment to transparency and efficiency in the legal process.


New Criminal Laws

The three new criminal laws were officially implemented nationwide on July 1, 2024. These reforms aim to make India’s legal system more transparent, efficient, and responsive to contemporary societal needs, such as tackling cybercrime, organized crime, and ensuring justice for victims of various offenses. 

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