President Droupadi Murmu on December 25 gave her assent to three new criminal justice Bills enacting them into laws that would replace the colonial laws namely the IPC, the CrPC and the Evidence Act. These above-mentioned three new criminal laws will be called Bharatiya Nyaya Sanhita 2023, Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.
The President’s assent comes days after the Parliament passed the three criminal bills — the Bharatiya Nyaya (Second) Sanhita Bill, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill. These three Bills were passed by the Lok Sabha and the Rajya Sabha in the recently concluded Winter Session of Parliament as it gives prominence to crimes against women, children, murder and the nation.
The replacements are such that the Indian Penal Code (IPC) has been replaced with the Bharatiya Nyaya Sanhita, the CrPC with Nagarik Suraksha Sanhita and the Indian Evidence Act with the Bharatiya Sakshya Adhiniyam.
Bharatiya Nyaya Sanhita lists out 358 sections (instead of the previous 511 sections of IPC). An addition of a total of 20 new crimes have been made to the Bill with imprisonment sentences being increased for 33 crimes. The amount of fine has been raised in 83 crimes and introduction of mandatory minimum punishment is seen in 23 crimes. The penalty of community service has been introduced in six crimes and 19 sections stand repealed or removed in the Bill.
Bharatiya Nagrik Suraksha Sanhita has a provision of 531 sections replacing the 484 sections of CrPC. 177 provisions in the Bill have been changed and nine new sections as well as 39 new sub-sections have been added to it. Additionally, 44 new provisions and clarifications have also been included. Timelines have been attached to 35 sections while audio-video provision has been added at 35 places. 14 sections have been removed from the Bill.
Bharatiya Sakshya Adhiniyam will have 170 provisions instead of the original 167 provisions, and changes have been introduced in 24 provisions. Two new provisions and six sub-provisions have been added while six provisions have been deleted from the Bill.
Union Home Minister Amit Shah on December 21 introduced the three bills in Rajya Sabha. He had said, “For the first time in history, these three bills would free people from a colonial mindset as the British government considered protections against treason and treasury more important than murder or atrocities against women.”
The Minister is certain that complete implementation of new criminal laws will ensure an end to ‘tareekh pe tareekh’ era and justice will have a speedy delivery, in about three years.”
Shah had emphasised on the Bharatiya Nyaya Sanhita having a new chapter titled ‘Crimes against women and children’ to deal with sexual crimes and that the bill is proposing changes in the provisions concerning the rape of women below 18 years of age.
Provision related to gang rape of a minor woman are to become consistent with the Protection of Children from Sexual Offences Act (POCSO), and a provision has been put in place for life imprisonment or the death penalty in the case of girls below 18 years of age, informed the Minister on December 21.
As per the Minister, ‘terrorism’ has been defined for the very first time in the Bharatiya Nyaya Sanhita and it is a punishable offence. In the Bill, terrorist acts have punishments ranging from the death penalty or life imprisonment without parole. Another set of terrorist offences have also been introduced in the Bill and it is stated that destroying public facilities or private property is a crime. Any act that causes ‘widespread loss by reason of damage or destruction of critical infrastructure’ are also covered by this section.
A new criminal section regarding organised crime has found its way to the Bill and organised crime has been defined for the first time in Bharatiya Nyaya Sanhita 111. (1). Syndicates engaging in illegal activity is now punishable. The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of Bharat. Small organised crimes have been criminalised as well making it punishable with imprisonment of up to seven years.
Crimes like snatching have received a new provision also. There will now be more severe and strict penalties for serious injuries that result in near-disability or permanent disability.
The practice of filing zero First Information Report (FIR) will be institutionalised making it feasible to be lodged anywhere, irrespective of the area in which the crime took place. Victim’s right to information has been prioritised in these laws and they have the right to get a copy of the FIR free of cost. Another provision facilitates informing the victim about the progress of the investigation within 90 days.
The mechanism of timeline has been added in 35 sections of Bhartiya Nagrik Suraksha Sanhita, that makes the speedy delivery of justice possible. The Bill puts a time limit for initiation of criminal proceedings, arrest, investigation, charge sheet, proceedings before magistrate, cognizance, charges, plea bargaining, appointment of Assistant Public Prosecutor, trial, bail, judgement and punishment, and mercy petition.
This process of reform of the criminal justice system was initiated in 2019 and 3,200 suggestions in this regard were given by various stakeholders. Union Home Minister Amit Shah sat through more than 150 meetings and these suggestions were thoroughly discussed in the Home Ministry.
