Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita And Bharatiya Sakshya Sanhita: Home Minister Amit Shah said, Bharatiya Nyaya Sanhita, 2023 will replace the Indian Penal Code 1860 and Bharatiya Nagarik Suraksha, 2023 will replace the Criminal Procedure Act, 1898. He said, Bharatiya Sakshya Bill, 2023 will replace the Indian Evidence Act, 1872.
The Minister said these bills will transform the country’s criminal justice system. The legislations are aimed to provide justice to the people rather than penalizing them.
Three laws passed 90 years before independence are now to be changed. All three bills amending the criminal law were passed in the Rajya Sabha. These bills were passed in the Lok Sabha on Wednesday. These bills will replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and the Indian Evidence Act.
After the enactment of these three bills, the IPC enacted in 1860 would be known as the Indian Judicial Code, the CRPC enacted in 1898 would be known as the Indian Civil Protection Code and the Indian Evidence Act of 1872 would be known as the Indian Evidence Code.
On these bills, Union Home Minister Amit Shah said that these laws were made by a foreign ruler to maintain his power. These were laws made to govern the enslaved subjects and the laws that replaced them are based on the three basic principles of the Constitution – individual liberty, human rights and equal treatment for all.
The government claims that if these bills become law, there will be a major change in the criminal system in India. Now people will be able to get justice within three years.
Today marks a pivotal moment for Bharat as Parliament passes three criminal law bills, replacing outdated colonial laws with the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 & Bharatiya Sakshya Bill, 2023.
These laws, aligned with our Constitution,… pic.twitter.com/0qbCetgOtG— Kiren Rijiju (@KirenRijiju) December 22, 2023
What changes in which law?
IPC: What act constitutes a crime and what is the punishment for it? This is determined by the IPC. Now it will be called Indian Judicial Code. While IPC had 511 sections, BNS will have 358 sections.
21 new criminal sections have been added to this. In 41 offenses the period of imprisonment has been increased. Punishment has been increased in 82 offences. Minimum punishment has been provided for in 25 offences. 6 crimes will be punished with community service. And 19 clauses have been repealed.
CrPC: The procedure for arrest, investigation and prosecution is spelled out in the CrPC. CrPC had 484 sections. Now the Indian Civil Defense Code will have 531 sections. 177 clauses have been changed in it. 9 new clauses have been added and 14 have been repealed.
Indian Evidence Act: How the facts in the case will be proved, how the answers will be recorded, all this is covered in the Evidence Act. Earlier it had 167 clauses. Now the Indian Evidence Code will have 170 sections. Changes have been made in 24 of these clauses. Two new clauses have been added. And 6 clauses are repealed.
Definition of terrorism for the first time
Terrorism was not defined in the IPC. This definition is going to be in the Indian Penal Code. According to this, whoever commits any act in India or in any other country with intent to endanger the unity, integrity and security of India, to terrorize the general public or any section thereof or to disturb public order shall be treated as an act of terrorism.
The term ‘economic security’ has also been added to the definition of terrorism. Under this, smuggling or circulation of fake currency notes or coins will also be considered as an act of terrorism. Apart from this, any use of force against any government official will also come under the purview of the Terrorism Act.
Section 113 of the Indian Penal Code provides for punishment for all these acts. Conviction of an act of terrorism under this is punishable by death or life imprisonment.
Provisions for women
There is section 375 in IPC. Rape is defined in this. It also mentions 7 instances where sexual intercourse is considered rape. Also, Article 376 provides punishment for rape.
Indian Penal Code contains Sections 63 and 64. Punishment for these offenses is mentioned in Section 64. No other changes have been made. A conviction in a rape case carries a minimum jail term of 10 years and a fine. This can be extended to life imprisonment.
A person found guilty of gang rape of a minor girl below 18 years of age is punishable by 20 years to life imprisonment. Under Section 70(2) of the proposed Act, convicts who rape a minor girl can be punished with imprisonment ranging from life imprisonment to death.
The punishment for raping a girl below 16 years has been increased to 20 years. There is also a provision of death penalty for raping a minor girl. Rape of a minor girl below 12 years of age is punishable by a minimum of 20 years in prison or the death penalty.
Now provision of punishment for mob lynching too
So far there was no clear provision of punishment for mob lynching. But there is a provision for that in the Indian Judicial Code. Amit Shah said that mob lynching is a heinous crime and there is a provision of death penalty for it.
Section 101 of the Indian Penal Code provides for the punishment for murder. It has two sub-sections. Section 101(1) states that if a person is found guilty of murder, he can be punished with imprisonment for life to death. Apart from this, he will also be fined.
At the same time, Section 101(2) provides for punishment for mob lynching. It provides for punishment ranging from seven years to death if committed by five or more persons on the basis of caste, race or language.
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