3 New Bill To Replace IPc, CrPc- Reforming of Criminal Laws in India

Last updated on: December 28th, 2023 at 06:14 pm

Reforming of Criminal Laws, New Bill To Replace IPc,CrPC

Union Home Minister, Amit Shah, recently introduced three Bill in Lok Sabha to displace the Indian Penal Code (IPC), 1860; The Code of Criminal Procedure(CrPc) ,1973( originally enacted in 1898); and the Indian Evidence Act(IEA), 1872.
New Formulated three Bills

Bharatiya Nyaya Sanhita (BNS) bill, 2023 will replace IPC, 1860.
Bharatiya Nagarik Suraksha Sanhita (BNSS) bill, 2023 will replace CrPc, 1898.
Bharatiya Sakshya (BS) bill, 2023 will replace IEA, 1872.

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Table of Contents

1. Bharatiya Nyaya Sanhita (BNS) Bill , 2023

*Some key provisions of Bharatiya Nyaya Sanhita Bill, 2023 – Reforming of Criminal Laws in India

This will consist of 356 amendments. It will prioritize offences against the state, crimes against women and children and murder
The section on sedition has been nullified, which is criminalized under section 124A of the IPC.
One year imprisonment for bribing voters during polls.
BNS also calls for community service as a punishment for petty offences, which will be the part of penal code for the first time.
The bill considers a maximum limit of 180 days to file a charge sheet, which can give speedy trial process and prevent delays.
For the first time it defines terrorism and offences such as seperatism, armed rebellion against the government and challenging the sovereignty of the country.
Bill prescribes capital punishment as the maximum sentence for mob lynching and suggests 10 years imprisonment for sexual intercourse with women on the false promise of marriage.
However, it states the “sexual intercourse by a man with his own wife, wife not being under 18 years of age, is
not rape”.

2. Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023

*Some key provisions of Bharatiya Nagarik Suraksha Sanhita Bill, 2023 – Reforming of Criminal Laws in India

The bill ensures the use of technology for trials, appeals, and recording depositions, allowing video conferencing for proceedings.
It makes video recordings compulsory of survivors of sexual violence, which can help in putting evidence and preventing coercion and manipulation.
The bill mandates that police must inform about the status of complaint in 90 days, which can enhance transparency and accountability.
A police officer may be permitted to use handcuffs while arresting an accused if he is a habitual, repeat offender who escapes from custody, or has committed a crime, terrorist act, drug related crime, illegal possession of arms, murder, rape, acid attack, human trafficking, sexual offences against children or offences against the state.

Section 41A of CrPC will get a new number, Section 35.
On receiving information in cognizable offences where the offence attracts 3-7 years, the police officer will conduct a pre inquiry to learn whether there exists a Prima facie case to proceed within 14 days.
There is a provision on procedures for the timeframe to file mercy petitions in death sentence cases.
A decision to grant or reject sanction to prosecute a public servant must be reached by the government within 120 days of receiving a request.
If the government fails to do so, the sanction will be deemed to have been accorded. No sanction is required in cases including sexual offences, trafficking etc.
There are provisions for police to detain or remove any person resisting, refusing or ignoring, or disregarding directions given as part of preventive action.

3. Bharatiya Sakshya (BS) Bill, 2023

*Some key provisions of Bharatiya Sakshya Bill, 2023 – Reforming of Criminal Laws in India

The bill makes electronic or digital records admissible as evidence, thereby they will have the same legal effect as paper documents.
• It has been expanded to include electronic or digital records ,e-mails ,server logs, computers, smartphones, laptops, SMS, websites, locational evidence, which can be used in courts, which will give freedom from pile of
papers.
In the bill, the scope of expansion for secondary evidence to include copies made from original by mechanical processes, counterparts of documents, and oral accounts of document contents has been done.
Through this bill, the government is aiming to introduce precise and uniform rules for dealing with evidence during trial of cases. It introduces the presumption of the criminal justice system, which means that every person accused of an offence is presumed to be innocent until proven guilty.
• It recognizes as expert opinion as a form of evidence such as medical opinion, handwriting analysis etc, which can assist in forming facts in relevance to the case.

In conclusion

The Reforming of criminal laws in India faces various challenges, including the backlog of cases, delays in the justice delivery system, and the need to strike a balance between individual rights and the interests of society.

the Reforming of criminal laws in India is an ongoing and dynamic process that seeks to adapt the legal framework to changing societal needs and evolving legal principles. It involves amendments, reforms, and the continuous effort to ensure that the criminal justice system is fair, efficient, and respects the rights of individuals while addressing the challenges of contemporary crime and justice. Legal experts, policymakers, and stakeholders play crucial roles in shaping the future of criminal laws in the country.

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