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Core Features Of The Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act

The Union Home Minister Amit Shah noted the key features of these bills: The term ‘Terrorist Act’ has been distinctly defined under the Bharatiya Nyaya Sanhita, BNS. The law includes the activities threatening the India’s national unity, sovereignty, and economic stability. The traditional ‘sedition’ charge has been omitted, which is being replaced with acts endangering […]

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The Union Home Minister Amit Shah noted the key features of these bills:
The term ‘Terrorist Act’ has been distinctly defined under the Bharatiya Nyaya Sanhita, BNS. The law includes the activities threatening the India’s national unity, sovereignty, and economic stability.
The traditional ‘sedition’ charge has been omitted, which is being replaced with acts endangering the integrity of nation’s.
The term ‘Rajdroh’ is now referred to as ‘deshdroh’.
Union Home Minister Amit Shah stated while emphasizing the freedom of expression stated that while criticism of the government is permitted, actions detrimental to the nation’s interest are unacceptable.
‘Mob lynching’ is being categorised as a severe offence as stated under Bharatiya Nyaya Sanhita, BNS, with the possibility of capital punishment.
The legislative changes are being introduced in ‘Community service’ as an alternative to imprisonment for specific minor offences.
Additionally, the rigorous provisions ensure the collection of forensic evidence, bolstering prosecution.
The Key reforms prioritise victims of sexual violence and these include mandatory audio-video recordings of victims’ sta atements and provisions for independent directors of prosecution at district levels. Thus, the Accountability mechanisms for the police have been strengthened, promoting victim-centric justice.
Therefore, the other significant amendments encompass the introduction of ‘Zero FIR’ registration, the mandatory victim updates on investigations within the period of 90 days and conducting electronic mode trials.
The Bharatiya Nyaya Sanhita, BNS also restructures offences related to harm against women and children.
The specific provisions address unique scenarios. For instance, consensual intercourse with a wife above 18 years is no longer considered an offence. The Penalties for ‘Hit and Run’ incidents vary based on post-accident actions, and ‘Snatching’ is now a distinct offence.
Therefore, 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.
To expedite justice delivery, provisions allow for the sale of seized properties within 30 days with court permission and the definition of proof now encompasses digit
al evidence, which includes the smartphones and laptops.
Furthermore, the unified hierarchy for criminal courts nationwide has been established, eliminating previous metropolitan distinctions.
Amit Shah Says On Bharatiya Nyaya Sanhita Bill In Lok Sabha: ‘Justice Over Punishment’
In response to the queries with regards to the extended police custody provisions, it has been clarified by the Union Home Minister Amit Shah 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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