Revised Criminal Law Bills

 

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Union Home Minister Amit Shah on December 12 introduced three revised Bills in the Lok Sabha to replace the existing British-era criminal laws, after withdrawing the previous versions, introduced in August this year. The three Bills are set to replace the Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872.

      The IPC will be replaced by the Bhartiya Nyaya (Second) Sanhita Bill, 2023; the CrPC of 1973 will be replaced by the Bhartiya Nagarik Suraksha (Second) Sanhita, 2023 whereas the Indian Evidence Act of 1872 will be replaced by the Bhartiya Sakshya (Second) Bill, 2023.

Bills were referred to the Department related Standing Committee on Home Affairs headed by Brij lal for further examination. Committee submitted the report on Nov 10, 2023.

Union Home Minister Amit Shah insisted that the bills were withdrawn and reintroduced to save effort that would have gone towards passing separate amendments.

It shall come into force on such dates as the Central Government may, by notification and in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Sanhita.

 

Bhartiya Nyaya(Second) Sanhita, 2023

    BNS 2023 replaced Indian Penal Code 1860, incorporating 356 sections (511 in IPC), maintaining most of the IPC provisions, introducing new offenses, eliminating court-struck-down offenses and enhancing penalties for various offenses.

   Repeal of Provisions: The Bill seeks to replace the IPC by repealing 22 of its existing provisions.

  Changes to Existing Provisions: The Bill proposes alterations to 175 existing provisions within the IPC.

 Introduction of New Sections:

       Section 109: Organized Crime

       Section 110: Petty Organized Crime

       Section 111: Offense if Terrorist Act

       Section 150: Acts Endangering Sovereignty, Unity, and Integrity

       Section 302: Snatching

   Other modifications:

●        Sedition: Introduced under a new name 'deshdroh' with wider definition

●       Mandatory Minimum Sentence: In several provisions, mandatory minimum sentences prescribed which may limit scope for judicial discretion

●       Death by Negligence: Elevates punishment for causing death by negligence from two to five years (for doctors - 2 yrs imprisonment)

             

Bhartiya Nagarik Suraksha(Second) Sanhita, 2023

    BNSS replaces CrPC 1973 and consists of 531 sections with 177 sections revised, 9 new sections added, and 14 sections repealed.

  This bill introduces ‘community service’ as punishment and expands police powers regarding handcuffs usage and extends police custody beyond the initial 15 days of arrest.

Section 187(3) of the Bill, which corresponds to Section 167 (2)(a) of the CrPC ,does not contain the phrase ‘otherwise than in the custody of the police’ — implying that the prescribed 15-day-period of police custody can now be an aggregate of shorter periods of custody sought over the entire period of investigation lasting 60 or 90 days (depending on the nature of the offense.)

 

 

Bharatiya Sakshya(Second) Bill, 2023

     This Bill aims to replace the Indian Evidence Act, 1872. Proposes changes to 23 provisions and introduces one new provision. It contains 170 sections in total.

●        Admissibility of Electronic Records: The Bill permits the admissibility of electronic or digital records as evidence, recognizing technological advancements.

●       Expansion of Secondary Evidence: The scope of secondary evidence has been expanded to include various forms, such as copies made from the original by mechanical processes, counterparts of documents, and oral accounts of document contents given by a person who has seen it.

 

Need for the bill:

      The existing complex procedures of IPC, CrPC, and Indian Evidence Act have contributed to substantial court backlogs and delayed justice delivery. As on December 31, 2022, the total pending cases in district and subordinate courts was pegged at over 4.32 crore.

The proposed Bills bring about significant changes by introducing new offences that were absent in the IPC, addressing issues like acts endangering sovereignty, organized crime, terrorism, mob lynching, and sexual intercourse based on deceitful means or false promises of marriage.

 

Conclusion:

   India's criminal laws have evolved over the centuries, influenced by indigenous legal traditions, foreign invasions and the colonial legacy. The legal system continues to undergo reforms to address contemporary challenges and uphold principles of justice, equality and human rights.

— Team Yuva Aaveg

(Praveen Kumar Maurya)

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