Recent Legislative Developments

6.1 New Criminal Law Codes (2023)

Three major colonial-era criminal laws were replaced in 2023:

Old Law	New Law	Key Change
Indian Penal Code 1860	Bharatiya Nyaya Sanhita (BNS) 2023	Terrorism, organised crime defined; sedition (Section 124A) replaced by Section 152 (acts against sovereignty); murder still Section 103; women/child offences strengthened
Code of Criminal Procedure 1973	Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023	Zero FIR, audio-video recording of arrests, 90-day trial maximum for certain offences; electronic summons
Indian Evidence Act 1872	Bharatiya Sakshya Adhiniyam (BSA) 2023	Electronic evidence admissibility enhanced; joint trials provisions

All three came into force 1 July 2024. The BNS removes the specific offence of "sedition" (Section 124A IPC) but introduces broader offences against "sovereignty, unity, and integrity." Critics argue this expands the sedition concept while removing the label.

6.2 Digital Personal Data Protection Act 2023

Enacted as Parliament's response to the Puttaswamy right to privacy judgment, the DPDP Act 2023 creates a comprehensive framework with four key elements:

• Data Principal — the individual whose data is processed (rights: access, correction, erasure, grievance)
• Data Fiduciary — entity that determines purpose and means of data processing (duties: consent, purpose limitation, data minimisation)
• Data Protection Board of India (DPBI) — adjudicatory authority; civil penalties up to ₹250 crore
• Significant Data Fiduciaries — designated entities with additional obligations (data localisation, audits, DPO appointment)

Children's data protection requires explicit parental consent for processing data of children under 18.

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