House Talk | How 3 New Bills to Replace IPC & CrPC Will Completely Change Criminal Justice System

Union Home Minister Amit Shah introduced Bhartiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Bill, 2023 in the Lok Sabha on Friday to replace the Indian Penal Code, the Criminal Code for Procedure and the Indian Evidence Act respectively.

Shah said the changes were done to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people. Everyone will get justice in a maximum of three years once the new laws are passed, he added.

How Bhartiya Nyaya Sanhita is different

Bharatiya Nyaya Sanhita Bill 2023, which will replace the Indian Penal Code, have 356 sections instead of the earlier 511 sections, 175 sections have been changed, 8 new sections have been added and 22 sections have been repealed.

What Changes with Bhartiya Nagarik Suraksha Sanhita

Bhartiya Nagarik Suraksha Sanhita Bill, which will replace CrPC, now has 533 sections, 160 sections of old law have been changed, 9 new sections have been added and 9 sections have been repealed.

How Bharatiya Sakshya would be different

Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167, 23 sections have been changed, 1 new section has been added and 5 have been repealed.

Provision of Zero FIR

Some of the major changes that will be initiated through these three new laws include the provision of Zero FIR. For the convenience of the citizens, a victim of any crime will be able to lodge a complaint even outside of their police station area.

Update about complaint

The new legislation makes it mandatory for the investigating authority to provide the status of the complaint in 90 days and thereafter every 15 days, to the complainant.

Power to withdraw cases

An important change has been made with respect to the government’s power to withdraw a case against any individual. According to the new rule, no government will be able to withdraw a case of imprisonment of 7 years or more without listening to the victim.

Expediating Investigation

Long delays in completing the investigation and initiation of trial create a huge burden on the accused and victim. In this regard, an important change has been made according to which charge sheet has to be filed within 90 days which can be extended under special circumstances to 90 days but the investigation will have to be completed within 180 days and the trial has to start.

Expediating Trial

To expedite the judicial process, the courts will now be bound to give notice of framing of charge to the accused person within 60 days and will have to give the verdict within 30 days after the completion of arguments.

Organized Crime

A new provision of harsh punishment against inter-state gangs and organized crimes is also being added. According to Section 109 of the Bill, “Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom by the effort of groups of individuals acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit, shall constitute organised crime.”

Law against fugitives

A very important decision has been taken according to which trial in absentia will be held for fugitives. A person declared a fugitive by a sessions court judge will be tried and sentenced in his absence, no matter where in the world he may be hiding, if the fugitive has to appeal against punishment, he would have to follow the law.

Sedition law

Sedition law has been dropped in the new statute but in its place, section 150 has been introduced which states. “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine”.

New laws related to women

A special focus has been given to provisions related to crimes against women in the Bill. According to Section 69 of the Bill, “Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.” Deceitful means will include the false promise of employment or promotion, inducement or marring after suppressing identity.

According to the Bill, if a woman dies after the rape or it causes the woman to be in a persistent vegetative state, the convict shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.

The Bill also has a new provision according to which whoever commits rape against a girl under 12 years of age shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death. Anyone who commits rape shall be punished with rigorous imprisonment of not less than 10 years, but which may extend to imprisonment for life, and shall also be liable to fine.

Legal experts have called the new criminal laws revolutionary and a positive step in decolonising British-era laws.

“The overhaul of the Indian Criminal Justice System through a new set of criminal laws to replace the Indian Penal Code, 1860 as well as Criminal Procedure Code, 1973 and Indian Evidence Act, 1872 is a revolutionary step taken by the Government,” Senior Supreme Court Advocate Vivek Sood who has authored ‘Chaff and Grain’ said.

“The colonial criminal justice system established by the British Raj comes to an end. What should have happened in 1950 has happened today. I can say that the replacement of British Criminal Laws with an Indianised Criminal Justice System is as significant as the framing of the Indian Constitution. Kudos to our Prime Minister and Home Minister for this landmark,” he added. With a total of 313 changes, the criminal justice system is expected to undergo a major overhaul.