President Murmu Gives Nod To Three Criminal Bills Replacing IPC, CrPC, Evidence Act

On Monday, President Droupadi Murmu gave her assent to the three new criminal law bills recently passed by Parliament. These bills, namely the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and BharatiyaSakshya Act, are set to replace the outdated Indian Penal Code, Code of Criminal Procedure , and Indian Evidence Act of 1872.

Overview of the Approved Criminal Bills

During the parliamentary debate, the Union Home Minister Amit Shah emphasized the bills' focus on delivering justice rather than solely imposing punishment. The objective of these legislations is to revamp the criminal justice system by defining various offences and their corresponding penalties. Notably, they provide a clear definition of terrorism, eliminate sedition as a crime, and introduce a new section titled "offences against the state."

Initially introduced during the Monsoon session in August, the bills underwent revisions after recommendations from the Standing Committee on Home Affairs. Shah assured that the drafts were meticulously crafted after extensive consultations, and he reviewed every detail before presenting them for approval.

The Bharatiya Nyaya Sanhita, will have 358 sections, replaces the IPC's 511 sections. It introduces 20 new crimes, increases imprisonment sentences for 33 offences, raises fines for 83 crimes, and mandates minimum punishment for 23 offences. Additionally, community service penalties are introduced for six crimes, and 19 sections are repealed or removed.

The Bharatiya Nagarik Suraksha Sanhita, will have 531 sections in place of 484 sections of the CrPC. A total of 177 provisions have been changed in the bill, and nine new sections as well as 39 new sub-sections have been added to it.  The draft has added 44 provisions and clarifications, timelines has been added in 35 sections, and audio video provisions have been added at 35 places. A total of 14 sections has been repealed and removed from the bill.

The Bharatiya Sakshya Adhiniyam, with 170 provisions, instead of the original 167 provisions and a total of 24 provisions has been changed. Two new provisions and six sub-provisions have been added and six provisions have been repealed or deleted from the bill.
 

The Bharatiya Nyaya Sanhita specifically addresses offences such as secession, armed rebellion, subversive activities, and separatist activities. The revised sedition law in this bill punishes individuals who intentionally promote these actions, endangering the sovereignty or unity of India, with imprisonment for life or up to seven years, along with fines.

A significant change is the replacement of the term 'Rajdroh' with 'Deshdroh,' eliminating the reference to the British crown. For the first time, terrorism is defined in the Bharatiya Nyaya Sanhita, broadening the magistrate's power to impose fines and declaring a proclaimed offender.

The new laws encompass a comprehensive definition of "organized crime," encompassing cyber crimes, economic crimes, land grabbing, arms trade, dacoity, and human trafficking. Amit Shah highlights that these laws are "gender-neutral," "victim-centric," and "justice-centric," shifting the focus from punishment.

The new criminal justice bills will come into force from April 1, 2024, after the necessary rules and regulations are framed and notified by the central and state governments. The government has also assured that the existing cases will not be affected by the change of laws and will continue to be governed by the old laws.