With 143 members of the Opposition suspended over the last two days from Parliament— 95 from Lok Sabha and 46 from Rajya Sabha—Lok Sabha passed 3 bills on Wednesday, aiming to replace existing criminal laws in the country.
The Bills — Bharatiya Nyaya Sanhita (second), 2023, to replace the Indian Penal Code; Bharatiya Nagarik Suraksha Sanhita (second), 2023, for CrPC; and Bharatiya Sakshya (second) Bill, 2023, for the Indian Evidence Act were passed.
The Indian Penal Code (IPC) tells us what crimes are and what punishments they get in India. The Code of Criminal Procedure (CrPC) explains how to investigate, try, and punish criminals. The Indian Evidence Act, made in 1872 during British rule, has rules about what evidence can be used in Indian courts.
The bills were initially introduced in Parliament on August 11, 2023, but were later withdrawn to make changes recommended by the Parliamentary Standing Committee.
The three bills were passed by voice vote on December 20 in the lower House which saw Home Minister Amit Shah speak in defence of the bills.
Here are key points mentioned by Home Minister Amit Shah about the new laws:
1. The previous laws prioritised punishments for offences such as looting the government treasury, uprooting railway tracks, and insulting the British crown. The revised focus is on prioritising crimes against women/children, their impact on the human body, and national security. Additionally, the amendments address military, election, and currency laws.
2. There will be a provision for the death penalty for the crime of mob lynching.
3. The new crime bills would enforce a time limit on investigations conducted by the authorities. Under the amended provisions, the FIR should be filed within 3 days of the complaint. Timeline for chargesheet --- till now the police could seek longer time to file a chargesheet claiming there is a pending investigation, however, now chargesheet cannot be kept pending beyond 180 days.
4. The new criminal laws will provide the victim with the right to speak during the trial, introduce Zero FIR, prohibit the withdrawal or closure of a case without hearing the victim, and mandate the provision of a compulsory copy of the investigation report to both the victim and accused.
5. Section 124 has been removed. Previously, anyone causing disaffection towards the government could be prosecuted under this law.
6. Accidental death and death due to negligence have been redefined. In the case of an accidental car collision where the driver takes the victim to the hospital, a lighter punishment will be imposed. Conversely, a hit-and-run case will incur a higher penalty.
7. An undertrial who has served 1/3 of the imprisonment period is eligible for bail.
8. Digitisation and video recording of the entire evidence collection procedure would be implemented to prevent false accusations. Online video recording of victim statements in rape cases is made compulsory so that statements cannot be changed.
How many sections have been changed in each criminal law?
Bharatiya Nyaya Sanhita (second), 2023: Replacing the Indian Penal Code, the new legislation comprises 356 sections, with changes in 175 sections, 8 new sections, and the repeal of 22 sections.
Bharatiya Nagarik Suraksha Sanhita (second), 2023: Substituting the Code of Criminal Procedure, this bill introduces a framework with 533 sections, modifying 160 sections, adding 9 new sections, and repealing 9 sections.
Bharatiya Sakshya (second) Bill, 2023: Aimed at replacing the Indian Evidence Act of 1872, this bill brings about changes in 170 sections, including modifications to 23 sections, the addition of 1 new section, and the repeal of 5 sections.
