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Highlights Of Bills Replacing IPC, CrPC And Evidence Act, Highlights Of Bills Replacing IPC, CrPC & Evidence Act As Stated By Union Home Minister.
Changes To The Indian Penal Code (Ipc) And The Code Of Criminal Procedure (Crpc) May Include A Wide Range Of Changes Aimed At Addressing Changing Societal Needs, Legal Considerations, And Advances In Understanding Crime And Justice. Here Are A Few Examples Of Potential Changes:
Cybercrime And Digital Offences: With The Increasing Prevalence Of Cybercrimes Like As Hacking, Online Fraud, And Cyberbullying, Amendments To The Ipc And Crpc May Be Made To More Comprehensively Address These Digital Offences.
Gender-related Offences: Efforts May Be Made To Strengthen Laws Relating To Crimes Against Women And Gender-based Violence, Ensuring A More Robust Framework For Dealing With Issues Such As Sexual Harassment, Stalking, And Domestic Violence.
White-collar Crimes: Given The Complexities Of Financial And Corporate Crimes, Amendments May Focus On Improving Provisions Dealing With Economic Offences Such As Fraud, Money Laundering, And Insider Trading.
To Address Hate Crimes And Incidents Of Discrimination, The Ipc May Be Updated To Include Stronger Provisions Against Acts Of Prejudice Based On Factors Such As Religion, Race, Caste, Or Gender.
Technology And Evidence Handling: Provisions May Be Revised To Account For New Technologies, Such As Improved Methods Of Evidence Collection, Digital Evidence, And Dna Profiling, In Order To Keep The Legal Framework Current.
Juvenile Justice: Reforms To The Juvenile Justice System May Be Implemented To Provide A More Rehabilitative Approach For Young Offenders While Balancing Accountability.
Witness Protection: Given The Importance Of Protecting And Ensuring The Safety Of Witnesses, Amendments May Strengthen Witness Protection Mechanisms In Order To Encourage More Cooperation In Criminal Investigations And Trials.
Bail And Pre-trial Detention: Changes Could Aim To Ensure A Fair Balance Between An Accused Person’s Rights And The Need For Public Safety, Particularly Concerning Bail And Pre-trial Detention Issues.
Sentencing Guidelines: Efforts May Be Made To Standardise And Provide Clearer Guidelines For Judges To Use In Determining Appropriate Sentences For Various Offences, Therefore Ensuring Consistency And Fairness.
Amendments Might Focus On Streamlining Legal Procedures, Reducing Delays In The Criminal Justice System, And Improving Overall Efficiency.
Please Keep In Mind That These Are Speculative Areas Of Potential Change That May Or May Not Reflect Actual Changes That Have Occurred After September 2021. I Recommend Consulting Official Government Sources, Legal Experts, And Current Legal Publications To Get Accurate And Up-to-date Information.
The Lok Sabha Sent Three Bills To The Parliamentary Standing Committee Today In Order To Replace The Indian Penal Code, The Criminal Code For Procedure, And The Indian Evidence Act.
Home Minister Amit Shah Presented The Bhartiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, And Bharatiya Sakshya Bill, 2023, Respectively, For This Aim. The Bills Were Developed After Significant Consultation With Numerous Stakeholders, Including Supreme Court And High Court Judges, Law Universities, Chief Ministers, Governors, And Others. The Bills Are Also Influenced By Numerous Committee Recommendations.
Bhartiya Nyaya Sanhita Wants To Abolish 22 Ipc Laws, Amend 175 Existing Provisions, And Add 8 New Sections. It Has 356 Provisions In Total.
During His Remarks, Shah Said That The Bill Totally Repeals The Sedition Offence. The Bill Does, However, Provide Provisions For “Offences Against The State.” Section 150 Of The Bill Addresses “Acts Endangering India’s Sovereignty, Unity, And Integrity.” He Further Said That The Bill Provides Provision For The Crime Of ‘mob Lynching,’ Which Is Punished By 7 Years In Jail, Life In Prison, Or Death.
The Bharatiya Nagarik Suraksha Sanhita Repeals Nine Sections Of The Crpc, Recommends Modifications To 160 Of Them, And Adds Nine New Provisions. The Bill Is Divided Into 533 Sections.
The Bharatiya Sakshya Bill Repeals Five Current Evidence Act Sections, Makes Modifications To 23 Others, And Adds One New Provision. It Has A Total Of 170 Sections.
A Few New Ipc Provisions:
Organised Crime Is Included Under Section 109.
Section 110: Petty Organised Crime Or Broader Organised Crime
Section 111: Terrorist Conduct Offence
Section 150: Acts Undermining India’s Sovereignty, Unity, And Integrity
Section 302: Taking
The Following Are The Highlights Of The Bills, As Stated By The Home Minister:
-a Separate Provision For Mob Lynching, Punishable By 7 Years In Jail, Life In Prison, Or Death;
-fugitives’ Ex-parte Trial And Conviction;
-formal Provision For ‘zero Fir’- This Will Allow People To File A Fir At Any Police Station, Regardless Of Jurisdiction;
-within 15 Days After Registration, A Zero Fir Must Be Submitted To The Police Station With Jurisdiction Over The Alleged Offence.
-‘deemed Sanction’ To Prosecute Public Workers And Police Officers Suspected Of Criminal Acts If The Authorities Does Not Reply Within 120 Days Of The Application;
-digitization Of The Whole Process, From Fir Registration To Case Diary Maintenance To Charge Sheet Submission And Judgement Delivery;
-the Whole Trial, Including Cross-examination And Appeal, Will Be Managed By Video Conference.
-videography Is Required For Capturing Statements From Victims Of Sexual Offences.
-penalty For All Sorts Of Gang Rape: 20 Years In Jail Or Life In Prison;
-the Death Sentence May Be Imposed For Rape Of A Minor.
-charge Sheet Must Be Submitted Within 90 Days Following The Filing Of The Fir; The Court May Extend This Time By Another 90 Days, Bringing The Total Maximum Term For Concluding The Inquiry To 180 Days.
-courts Must Complete Charge Framing Within 60 Days Of Receiving The Charge Sheet.
-judgement Must Be Rendered Within 30 Days After The Completion Of The Hearing.
-judgement Must Be Made Accessible Online Within 7 Days After Its Announcement.
-videography Is Required During Search And Seizure.
-forensic Teams Will Be Required To Attend Crime Sites For Cases With Sentences Of More Than Seven Years.
-district-level Deployment Of Mobile Fsls;
-no Case Punished By 7 Years Or More Will Be Dropped Without Giving The Victim A Chance To Be Heard.
-the Scope Of Summary Trials Has Been Enlarged To Include Violations Punishable By Up To Three Years In Prison (This Will Decrease The Number Of Cases In Sessions Court By 40%);
-separate And Severe Penalty For Organised Crime;
-separate Legislation Punishing Rape Of Women Under False Pretences Such As Marriage, Employment, And So On;
-separate Provision For Chain/mobile ‘snatching’ And Other Criminal Activity;
-the Penalty For Child Abuse Has Been Increased From 7 To 10 Years In Prison.
-a Death Penalty May Only Be Converted To A Life Sentence, A Life Sentence Can Only Be Reduced To 7 Years In Jail, And A 7-year Sentence Can Only Be Commuted To 3 Years In Prison And No Less (To Avoid Abuse In Favour Of Politically Wealthy Accused);
-videography Of Automobiles Confiscated For Participation In Any Crime Is Required, With A Certified Copy Supplied To The Court To Allow Disposal Of The Seized Vehicle During The Pendency Of The Trial.
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