Criminal Code Bills To Replace IPC, CrPC, & Evidence Act Passed By Lok Sabha Today: Key Features
The Lok Sabha passed three pivotal criminal law bills. These bills are set to supersede the longstanding Indian Penal Code 1860, Code of Criminal Procedure 1973, and the Indian Evidence Act 1872.
The Lok Sabha has greenlit three criminal law bills: The Bharatiya Nyaya (Second) Sanhita 2023, The Bharatiya Nagarik Suraksha (Second) Sanhita 2023, and The Bharatiya Sakshhya (Second) Bill 2023. These legislative pieces aim to supersede the Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872.
In his address, Union Home Minister Amit Shah noted the core features of these bills:
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The term 'Terrorist Act' has been distinctly defined under the Bharatiya Nyaya Sanhita (BNS). This includes activities threatening India's national unity, sovereignty, and economic stability. The traditional 'sedition' charge has been omitted, replaced with acts endangering the nation's integrity. The term 'Rajdroh' is now referred to as 'deshdroh'.
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Emphasising freedom of expression, Shah underscored that while criticism of the government is permitted, actions detrimental to the nation's interest are unacceptable. Notably, 'Mob lynching' is categorised as a severe offence under BNS, with the possibility of capital punishment.
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The legislative changes introduce 'Community service' as an alternative to imprisonment for specific minor offences. Additionally, rigorous provisions ensure the collection of forensic evidence, bolstering prosecution.
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Key reforms prioritise victims of sexual violence. These include mandatory audio-video recordings of victims' statements and provisions for independent directors of prosecution at district levels. Accountability mechanisms for the police have been strengthened, promoting victim-centric justice.
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Other significant amendments encompass the introduction of 'Zero FIR' registration, mandatory victim updates on investigations within 90 days, and conducting electronic mode trials. The BNS also restructures offences related to harm against women and children.
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Specific provisions address unique scenarios. For instance, consensual intercourse with a wife above 18 years is no longer considered an offence. Penalties for 'Hit and Run' incidents vary based on post-accident actions, and 'Snatching' is now a distinct offence.
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Timelines have been set for various legal processes, from FIR registration to trial proceedings. The introduction of e-FIR facilitates electronic registration, particularly beneficial for women reporting sexual violence.
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To expedite justice delivery, provisions allow for the sale of seized properties within 30 days with court permission. The definition of proof now encompasses digital evidence, including smartphones and laptops. Furthermore, a unified hierarchy for criminal courts nationwide has been established, eliminating previous metropolitan distinctions.
READ | 'Justice Over Punishment': Amit Shah On Bharatiya Nyaya Sanhita Bill In Lok Sabha
In response to queries about extended police custody provisions, Home Minister Shah clarified that while the total police custody duration remains capped at fifteen days, the amendments allow flexibility to address challenges, such as high-profile individuals exploiting loopholes.
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