The Union Home Minister Amit Shah introduced the three bills in the Lok Sabha to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, which are the British-era laws. The Bhartiya Nyaya Sanhita, 2023, the Bhartiya Nagarik Suraksha Sanhita, 2023 will be sent to the parliamentary panel for further scrutiny.
The Bhartiya Nyaya Sanhita repealed the 22 provisions of Indian Penal Code, proposes changes to 175 existing provisions and has introduced 9 new Sections and it contains total 356 provisions.
The Bharatiya Nagarik Suraksha Sanhita repealed 9 provisions of the Code of Criminal Procedure, proposed changes to 107 provisions thereof and introduced 9 new provisions. Thus, the Bill contains total 533 Sections.
The Bharatiya Sakshya Bill repealed 5 existing provisions of the Evidence Act, proposed changes to 23 provisions and introduced one new provision. Therefore, it contains total 170 Sections.
Few new provisions under the Indian penal Code:
Section 109: Organised crime
Section 110: Petty organised crime or the organised in general
Section 111: Offence of terrorist act
Section 150: Acts endangering sovereignty unity and the integrity of India
Section 302: Snatching
The Salient features of the Bills moved, as it has been stated by Home Minister, Amit Shah are as follows:
The Separate provision for Mob Lynching which is punishable with 7 years or life imprisonment or death penalty;
The Ex-parte trial and conviction of fugitives;
The Formal provision for ‘Zero FIR’- this will enable citizens to lodge a FIR with any police station and no matter their jurisdiction;
The Zero FIR must be sent over to the concerned Police Station having jurisdiction in the alleged crime within the period of 15 days after registration;
The ‘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;
The Digitization of complete process starting from the registration of FIR to maintenance of Case Diary to filing of Charge sheet and delivery of Judgment;
The Complete trial, which includes Cross-examination, appeal, to be facilitated via Video conferencing;
The Videography while recording statement of victims of sexual crimes is mandatory;
The Punishment for all types of Gang Rape- 20 years or life imprisonment;
The Punishment for Rape of minor which includes the imposition of death penalty;
The Charge sheet to be mandatorily filed within the period 90 days of FIR; the Court may extend such time by further 90 days, taking the total maximum period for winding up investigation to 180 days;
The Courts to finish framing of charges within the period of 60 days of receiving charge sheet;
The Judgment to be mandatorily delivered within the period of 30 days after conclusion of hearing;
The Judgment to be mandatorily made available online within 7 days of pronouncement;
The Videography mandatory during Search & Seizure;
The Forensic Teams to mandatorily visit crime scenes for offences involving punishment more than 7 years;
The Deployment of Mobile FSLs at district level;
No case punishable with 7 years or more shall be withdrawn without providing opportunity of hearing to the victim;
The Scope of Summary Trials expanded to offences punishable up to 3 years (will reduce 40% cases in Sessions courts);
Separate, harsh punishment for organized crimes;
Separate provisions penalizing rape of woman under false pretext of marriage, job, etc.;
Separate provision for chain/mobile ‘Snatching’ and similar miscreant activities;
Punishment for offences against children enhanced from 7 years imprisonment to 10 years jail term;
Punishment of death penalty can at max be commuted to life term and the 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 (in order to prevent misuse in favour of politically affluent accused);
The Videography of vehicles seized for involvement in any offence mandatory, whereafter a certified copy will be submitted to the said Court for enabling the disposal of seized vehicle during pendency of trial.
