Why the Criminal Law Reform?

1.1 Colonial Legacy and the Case for Reform

The Indian Penal Code 1860 was drafted by Lord Macaulay's First Law Commission (1834–37) and enacted by the British Indian Legislature in 1860. While it was a landmark codification for its time, it carried inherent colonial biases:

• Sovereignty-protecting offences (sedition — S.124A, outraging sovereign authority) were designed to suppress Indian dissent
• Language was Victorian English, inaccessible to ordinary citizens
• No community-based punishments — only jail or fine
• No specific provision for organised crime or terrorism
• Provisions for crimes against women were inadequate (rape: S.375 exempted marital rape, no standalone stalking offence)
• No specific provision for cyber-enabled crimes

1.2 The Parliamentary Committee Process

The Home Ministry established an expert committee in 2020 under former Director of Delhi Police to review all three colonial criminal laws:

1. IPC 1860 → replaced by BNS 2023
2. CrPC 1973 → replaced by BNSS 2023 (T138)
3. Indian Evidence Act 1872 → replaced by Bharatiya Sakshya Adhiniyam 2023 (BSA 2023)

All three bills were introduced in Parliament in August 2023, referred to a Parliamentary Standing Committee on Home Affairs, revised based on recommendations, and passed in December 2023.

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