Breaking Down the Overhaul: Major Amendments in Criminal Law Legislation
Updated On : June 25, 2024
Overview: The Union Government of India reintroduced the three new criminal law bills to modify them as per the guidelines established by the Parliamentary Standing Committee on Home Affairs on December 12, 2023.
The bills are named the Bhartiya Nyaya Sanhita Bill, the Bhartiya Sakshya Adhiniyam Bill, and the Bhartiya Nagarik Suraksha Sanhita Bill for the purpose of replacing the Indian Penal Code, 1860, the Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1973, respectively.
The said bills were earlier presented on August’ 23 in the parliamentary standing committee for review, which now stands to be withdrawn for presenting their further reformed versions.
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Union Home Minister Amit Shah said that the bills were re-introduced as the Standing Committee had made a handful of recommendations. Rather than opting for moving different official amendments, new bills have been introduced. The conference regarding the discussion of the three advanced bills is scheduled to take place on Thursday, December 14. He further added that there are mainly various grammatical faults and certain other changes that need to be made. Such changes and alterations can be made through amendments.
Polling on the bills and the government’s response to the same is expected to take place on Friday, December 15th.
The proposed Bhartiya Nyaya Sanhita Bill introduces significant changes to the Criminal Procedure Code of 1973. Community service is suggested as a punishment for minor offenses, allowing courts to direct individuals serving prison sentences to contribute to the community without monetary compensation.
The definition of terrorism is broadened to encompass acts threatening national integrity, sovereignty, and economic security. Counterfeiting currency within India is now considered a terrorist act, punishable by five years to life imprisonment. Acts resulting in death can lead to life imprisonment or the death penalty.
Regarding specific offenses, revealing the identity of a rape victim through courtroom proceedings carries a two-year imprisonment term. Cruelty against women by a husband or relatives is addressed separately. Mob lynching is removed as a distinct crime, replacing the seven-year penalty with either life imprisonment or the death penalty for group-based murders on grounds such as race or caste.
Section 23 terminologies have been modified. Overall, the bill grants magistrates authority to order community service, widens the scope of terrorism, imposes strict penalties for certain offenses, and revises terminology in relevant sections, focusing on enhancing community welfare and national security.
Breaking Down the Overhaul: Major Amendments in Criminal Law Legislation
June 25, 2024
Overview: The Union Government of India reintroduced the three new criminal law bills to modify them as per the guidelines established by the Parliamentary Standing Committee on Home Affairs on December 12, 2023.
The bills are named the Bhartiya Nyaya Sanhita Bill, the Bhartiya Sakshya Adhiniyam Bill, and the Bhartiya Nagarik Suraksha Sanhita Bill for the purpose of replacing the Indian Penal Code, 1860, the Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1973, respectively.
The said bills were earlier presented on August’ 23 in the parliamentary standing committee for review, which now stands to be withdrawn for presenting their further reformed versions.
Also checkout: https://www.linkedin.com/feed/update/urn:li:linkedInArticle:7106902602977599488/
Union Home Minister Amit Shah said that the bills were re-introduced as the Standing Committee had made a handful of recommendations. Rather than opting for moving different official amendments, new bills have been introduced. The conference regarding the discussion of the three advanced bills is scheduled to take place on Thursday, December 14. He further added that there are mainly various grammatical faults and certain other changes that need to be made. Such changes and alterations can be made through amendments.
Polling on the bills and the government’s response to the same is expected to take place on Friday, December 15th.
The proposed Bhartiya Nyaya Sanhita Bill introduces significant changes to the Criminal Procedure Code of 1973. Community service is suggested as a punishment for minor offenses, allowing courts to direct individuals serving prison sentences to contribute to the community without monetary compensation.
The definition of terrorism is broadened to encompass acts threatening national integrity, sovereignty, and economic security. Counterfeiting currency within India is now considered a terrorist act, punishable by five years to life imprisonment. Acts resulting in death can lead to life imprisonment or the death penalty.
Regarding specific offenses, revealing the identity of a rape victim through courtroom proceedings carries a two-year imprisonment term. Cruelty against women by a husband or relatives is addressed separately. Mob lynching is removed as a distinct crime, replacing the seven-year penalty with either life imprisonment or the death penalty for group-based murders on grounds such as race or caste.
Section 23 terminologies have been modified. Overall, the bill grants magistrates authority to order community service, widens the scope of terrorism, imposes strict penalties for certain offenses, and revises terminology in relevant sections, focusing on enhancing community welfare and national security.
