Criminal Law: Origin, Development, and New Changes in India Under Bharatiya Nyaya Sanhita & Sustainable Development Goals
Criminal law serves as the backbone of any legal system, ensuring justice, maintaining public order, and protecting citizens from harm. In India, criminal law has undergone significant transformation, especially with the introduction of the Bhartiya Nyaya Sanhita (BNS), 2023, which replaces the colonial-era Indian Penal Code (IPC), 1860.
This blog will explore the origin of criminal law, its development over time, the latest changes under the new legal framework, and how criminal law aligns with sustainable development goals (SDGs) and international agreements like the Paris Agreement.
Origin of Criminal Law
The concept of criminal law dates back to ancient civilizations where societies established rules and punishments to maintain order.
Ancient Origins:
- The Code of Hammurabi (1754 BCE) in Mesopotamia introduced the principle of “an eye for an eye.”
British Influence on Indian Criminal Law
The foundation of modern Indian criminal law was laid during British rule with the enactment of the Indian Penal Code (IPC), 1860, drafted by Lord Macaulay. This law remained largely unchanged for over 160 years, shaping India’s legal framework.
Development of Criminal Law in India
Over the years, criminal law in India has evolved to address changing societal needs and technological advancements.
Key Developments in Criminal Law
- Post-Independence Reforms: After 1947, India retained the IPC, Code of Criminal Procedure (CrPC), and Indian Evidence Act, modifying them through amendments.
- Human Rights and Gender Laws: New laws, such as anti-dowry laws (Dowry Prohibition Act, 1961) and protection against sexual harassment (POSH Act, 2013), strengthened legal safeguards.
- Terrorism & Cybercrime Laws: Laws like the Unlawful Activities (Prevention) Act (UAPA) and the Information Technology (IT) Act, 2000 addressed new-age crimes.
Criminal Law and Sustainable Development Goals (SDGs)
Criminal law plays a crucial role in achieving Sustainable Development Goals (SDGs), particularly:
- SDG 16 (Peace, Justice, and Strong Institutions): Ensuring access to justice and building effective, accountable legal institutions.
- SDG 5 (Gender Equality): Protecting women from violence and discrimination.
- SDG 13 (Climate Action): Strengthening laws against environmental crimes like deforestation and pollution.
India’s criminal law reforms align with the Paris Agreement goals by incorporating stringent penalties for environmental violations.
New Changes in Indian Criminal Law: Bhartiya Nyaya Sanhita (BNS), 2023
In 2023, India replaced the Indian Penal Code (IPC) with the Bharatiya Nyay Sanhita (BNS), 2023, bringing major legal reforms.
Key Highlights of the Bharatiya Nyay Sanhita (BNS), 2023
- Stronger Anti-Terror Laws: New provisions criminalize organized crime, terrorism, and acts against national security.
- Mob Lynching Criminalized: Lynching is now a specific offense with severe punishments.
- Community Service as a Punishment: Courts can now impose community service for petty offenses.
- Stronger Digital and Cybercrime Laws: Enhanced penalties for identity theft, hacking, and financial fraud.
- Death Penalty for Rape of Minors: BNS introduces harsher penalties for sexual offenses.
These changes modernize India’s criminal justice system, making it more efficient and people-centric.
Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023
Alongside BNS, the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC), 1973, introducing key reforms like:
✔ Faster Investigations – Police must complete investigations within 90 days.
✔ Online FIRs & E-Summons – Digital advancements improve accessibility.
✔ Stronger Witness Protection – Ensures whistleblower safety.
These reforms streamline criminal procedures, reducing delays in justice delivery.
Key Examples of Criminal Law in India
1. Nirbhaya Case (2012) – Strengthening Rape Laws
- The Criminal Law (Amendment) Act, 2013 introduced death penalties for repeat offenders and increased minimum sentences for sexual crimes.
2. Triple Talaq Case (2019) – Women’s Rights & Criminal Law
- The Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized instant Triple Talaq, securing gender justice.
3. Economic Offenses – Vijay Mallya & Nirav Modi Scams
- Prevention of Money Laundering Act (PMLA) was strengthened to seize assets of economic offenders and Fugitive Economic Offenders Act (FEOA) was also introduced.
4. Environmental Crimes – Illegal Mining in India
- Illegal mining of coal and sand now carries severe penalties under environmental protection laws.
How Criminal Law Supports Sustainable Development & Paris Agreement Goals
Criminal law contributes to sustainable development by enforcing strict penalties for crimes against human rights, financial integrity, and the environment.
- Climate Justice & Paris Agreement Goals:
- Stronger penalties for industrial pollution ensure compliance with environmental laws.
- Bharatiya Nyay Sanhita (BNS), 2023 introduces harsher fines for corporate environmental negligence.
- Preventing Financial Crimes:
- Economic offenses like bank fraud and corruption affect national development.
- Strengthened anti-money laundering laws ensure financial transparency.
- Gender Justice & Social Equality:
- New laws criminalizing sexual harassment and domestic violence support gender equality (SDG 5).
Conclusion: The Future of Criminal Law in India
The evolution of criminal law in India, from ancient legal systems to modern digital crime laws, reflects its dynamic and responsive nature. The introduction of Bhartiya Nyaya Sanhita (BNS), 2023, marks a historic shift, ensuring:
✅ Stronger national security laws
✅ Better digital and cybercrime protection
✅ Gender justice and equality
✅ Faster judicial processes Criminal law now plays a vital role in achieving India’s Sustainable Development Goals (SDGs) and upholding Paris Agreement commitments.