New Delhi: The Centre on Friday introduced in the Lok Sabha three bills to replace the three existing criminal laws in the country the IPC, CrPC and Indian Evidence Act. The aforesaid British-era laws still in effect are proposed to be replaced by laws named in Hindi.
Home Minister Amit Shah said the proposed laws would transform the country's criminal justice system and create a legal system that understands the contemporary needs and aspirations of the people.
The Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will now replace the colonial laws Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.
Onmanorama takes a look at the major changes in each of these acts:
Amendments
1. Bhartiya Nagrik Surkasha Sanhita (replacing CrPC):
Bharatiya Nagarik Suraksha Sanhita repeals 9 provisions of the CrPC, proposes changes to 160 provisions thereof and introduces 9 new provisions. The Bill contains total 533 Sections.
2. Bhartiya Sakshya Adhiniyam (replacing Evidence Act):
Bharatiya Sakshya Bill repeals 5 existing provisions of the Evidence Act, proposes changes to 23 provisions and introduces one new provision. It contains 170 Sections in total.
3. Bhartiya Nyaya Sanhita (replacing IPC):
Bhartiya Nyaya Sanhita proposes to repeal 22 provisions of the IPC, proposes changes to 175 existing provisions and introduces 8 new Sections. It contains total 356 provisions.
Sedition
The Bill completely repeals the offence of sedition. The Bill however has provisions for "Offences against the State". Section 150 of the Bill deals with "Acts endangering sovereignty unity and integrity of India". The Bill makes provision to penalise the offence of 'Mob Lynching' and the same is punishable with seven years or life imprisonment or death penalty.
A comparison of the two sections shows following key differences:
1. Scope and terminology: The terminology used in Section 150 encompasses a wider range of actions and behaviours. It explicitly addresses acts such as "exciting secession," "armed rebellion," "subversive activities," and "encouraging feelings of separatist activities".
It also refers to acts that "endanger sovereignty or unity and integrity of India" – a widely worded term capable of multiple interpretations. Section 124A of the IPC referred to acts "bringing into hatred or contempt" and "exciting disaffection" towards the government.
2. Punishment: Section 150 proposes punishment options, including "imprisonment for life" or "imprisonment which may extend to seven years," along with fines. In contrast, Section 124A of the IPC specifies punishment options of "imprisonment for life, to which fine may be added," or "imprisonment which may extend to three years, to which fine may be added, or with fine."
Section 150 enhances the alternative punishment to 7 years imprisonment from 3 years under Section 124A. This seems to be in tune with the recent recommendation of the Law Commission of India.
3. Intent & Activities: Under Section 150 of the Bill, the act of sedition must be carried out on purpose or knowingly. No such thing is mentioned under Section 124A of the IPC. Further, Article 150 highlights the intent to "endanger sovereignty or unity and integrity of India," along with activities such as "indulging in or committing any such act." Section 124A of the IPC focuses on acts that bring disaffection towards the government.
4. Means of committing sedition: Article 150 explicitly includes "electronic communication" and "use of financial means" as methods for committing the offenses, indicating a recognition of modern communication methods. Section 124A of the IPC does not specifically mention these aspects.
A few new provisions under BNS:
Section 109: Organised crime
Section 110: Petty organised crime or organised in general
Section 111: Offence of terrorist act
Section 150: Acts endangering sovereignty unity and integrity of India
Section 302: Snatching
Mob lynching
Separate provision for Mob Lynching, punishable with 7 years or life imprisonment or death penalty:
-Zero FIR: Formal provision for 'Zero FIR' will enable citizens to lodge a FIR with any police station, no matter their jurisdiction;
-Zero FIR must be sent over to the police station concerned having jurisdiction in the alleged crime within 15 days after registration;
Rape
-Punishment for all types of Gang Rape- 20 yrs or life imprisonment
-Punishment for Rape of minor includes imposition of death penalty
-Separate provisions penalizing rape of woman under false pretext of marriage, job, etc.
-Videography while recording statement of victims of sexual crimes mandatory
Chargesheet
-Digitisation of complete process starting from registration of FIR to maintenance of Case Diary to filing of Charge sheet and delivery of Judgment
-Complete trial, including Cross-examination, appeal, to be facilitated via Video conferencing
-Charge sheet to be mandatorily filed within 90 days of FIR; Court may extend such time by further 90 days, taking the total maximum period for winding up investigation to 180 days
-Courts to finish framing of charges within 60 days of receiving charge sheet
-Judgment to be mandatorily delivered within 30 days after conclusion of hearing
-Judgment to be mandatorily made available online within 7 days of pronouncement
Penalties
-Punishment for offences against children enhanced from 7 yrs imprisonment to 10 yrs jail term;
-Punishment of death penalty can at max be commuted to life term, punishment of life term may at max be commuted to 7 years imprisonment and punishment of 7 years may be commuted to 3 years imprisonment and no less (to prevent misuse in favour of politically affluent accused);
Videography
-Videography made mandatory during Search & Seizure
-Videography of vehicles seized for involvement in any offence mandatory, whereafter a certified copy will be submitted to the Court to enable disposal of seized vehicle during pendency of trial.
-Videography while recording statement of victims of sexual crimes mandatory.
Miscellaneous
-No case punishable with 7 years or more shall be withdrawn without providing opportunity of hearing to the victim;
-Scope of Summary Trials expanded to offences punishable upto 3 years (will reduce 40% cases in Sessions courts);
-Separate, harsh punishment for organized crimes;
-Separate provision for chain/mobile 'Snatching' and similar miscreant activities;
-'Deemed Sanction' to prosecute civil servants, police officer accused of criminal offences in case of authority's failure to respond within 120 days of application
-Forensic Teams to must visit crime scenes for offences involving punishment more than 7 years;
-Deployment of Mobile FSLs at district level
Following colonial words have been removed from acts:
'Parliament of the United Kingdom',
'Provincial Act',
'London Gazette',
'Jury', 'Barrister' 'Lahore', 'Commonwealth,'
'United Kingdom of Great Britain and Ireland,'
'Her Majesty's Government,'
'Possession of the British Crown'
'Court of Justice in England',
The words 'Her Majesty's Dominions' have been omitted from the Act.
(With inputs from LiveLaw.)
