Revamp of Criminal Laws: Centre Introduces Bills to Replace IPC, CrPC, and Evidence Act

Revamp of Criminal Laws: Centre Introduces Bills to Replace IPC, CrPC, and Evidence Act

Subject : Polity

Section: Constitution

Context:

Union Home Minister Amit Shah introduced three Bills in the Lok Sabha to repeal the British-era Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure.

Key Changes and Provisions:

• Union Home Minister Amit Shah introduces three Bills to replace colonial-era laws:
  • Bharatiya Nyaya Sanhita (BNS), 2023, replaces the Indian Penal Code (IPC), 1860.
  • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces The Code of Criminal Procedure (CrPC), 1973 (originally enacted in 1898).
  • Bharatiya Sakshya (BS) Bill, 2023, replaces the Indian Evidence Act, 1872.

New provisions in Bills include:

• Mob lynching punishable by seven years imprisonment, life imprisonment, or death penalty.
• Speedy justice through video trials and e-filing of FIRs.
• Expanded definition of sedition, along with provisions against corruption, terrorism, and organized crime.
• Introduction of community service and solitary confinement as new forms of punishment.
• Trials are possible even in the absence of an accused.
• Expanded scope of offense against women related to sexual intercourse through “deceitful means.”

Key Objectives and Statements:

• Home Minister Amit Shah assures the laws will have an Indian spirit, emphasizing a change in the criminal justice system.
• Previous laws aimed at punishment, and new laws aim to provide justice and protect citizens’ rights.

Changes in Penal Code:

• Crimes against women and children are given priority.
• Provision on sedition repealed, but broader provisions on endangering sovereignty, unity, and integrity are introduced.
• Sexual exploitation of women under false pretenses criminalized.
• Stringent punishment for gangrape and rape of minors.

Terrorism Definition and Punishment:

• Terrorism defined for the first time, including acts to threaten unity, integrity, and security of India.
• Property attachment provision for terrorists.
• Aims to overhaul criminal justice system to ensure justice within three years.

Consultations and Preparation Process

Government’s Efforts and Consultation:

• Consultations with Governors, Lieutenant-Governors, Chief Ministers, Chief Justice of India, High Courts, Bar Councils, law universities, MPs, IPS officers, and public.
• Committee under Vice Chancellor of National Law University, Delhi, set up to prepare new law.
• Union Home Minister conducted around 58 formal and 100 informal review meetings.

Historical Recommendations and Reform Initiatives:

• Previous recommendations by various committees and commissions for criminal justice reforms.
• Bezbaruah Committee, Viswanathan Committee, Malimath Committee, Madhav Menon Committee, and Parliamentary Standing Committee on Home Affairs suggested reforms.
• In 2019, initiated the reform process, focusing on reviewing laws made during British rule.

Changes to Sedition Law:

• HM claims sedition repealed, but new provision introduced under different name.
• Proposed Sedition Law:
  • Section 150 of Bharatiya Nyaya Sanhita Bill, 2023 covers offense.
  • Uses broader term “endangering sovereignty, unity, and integrity of India.”
  • The provision includes aiding through finance and acts of “subversive activities” or encouraging “separatist feelings.”
  • Punishment: Life imprisonment, up to 7 years, fine.
  • Expression of disapproval without incitement is exempt.
• Comparing with recommendation:
  • Broader than Law Commission’s proposal, Focuses on safeguarding, enhancing jail term.
• Current Sedition Law:
  • IPC Section 124A defines sedition.
  • Punishes acts causing hatred, disaffection toward government.
  • Punishment: Life imprisonment with fine, up to 3 years with fine.

Proposed Changes in CrPC: 

• Bharatiya Nagarik Suraksha Sanhita, 2023 proposes significant alterations to Criminal Procedure Code (CrPC).

Technological Advancements:

• Trials, appeals, depositions, including public servants and police, can be in electronic mode.
• Accused statements via video-conferencing.
• Summons, warrants, evidence in electronic

Electronic Communication:

• “Communication devices” included in summons for producing documents.
• People must provide devices with digital evidence on orders.

Handcuffs Usage:

• Handcuffs are permissible during arrest for various offenses.

Enhanced Safeguards:

• Section 41A becomes Section 35, with stricter
• Arrests for offenses punishable with less than three years or involving individuals aged above 60 require prior permission from an officer not below the Deputy SP rank.
• Preliminary inquiries will be conducted (cognizable cases) within 14 days for offenses attracting 3-7 years of imprisonment, ensuring prompt action.

Mercy Petitions Process:

• A framework for mercy petitions is established for death sentence cases.
• After the jail authorities’ disposal of the petition, convicts, legal heirs, or relatives have 30 days to submit a mercy petition to the Governor.
• If rejected, a mercy petition can be sent to the President within 60 days, with no further recourse to appeal in court.

Sanction to Prosecute:

• The government must make a decision regarding sanction to prosecute a public servant within 120 days of receiving a request.
• Failure to decide within the stipulated time will be considered as granting the sanction.
• Notably, no sanction is required for cases involving sexual offenses, trafficking, etc.

District Magistrate’s Powers:

• Section 144A of the CrPC gives the DM the power to prohibit the carrying of arms in any procession, mass drill or mass training, to preserve the public peace.

Samples without Arrest:

• Magistrates can order individuals to provide samples of signature, handwriting, voice, or finger impressions for investigation purposes without the necessity of arrest.

Police Detention Powers:

• Police can detain those resisting preventive action.

History of the Indian Penal Code

• The Indian Penal Code (IPC) traces its origins to the British colonial era in India, originating from British legislation during their rule in 1860.
• Prior to the IPC, Mohammedan law governed both Hindus and Muslims, before the East India Company’s drafting.
• The First Law Commission, led by Thomas Babington Macaulay, formulated the IPC under the Charter Act of 1833.
• Presented to the Governor-General of India Council in 1837, the Code underwent revisions.
• Completed in 1850, it reached the Legislative Council in 1856, but its implementation was delayed due to the 1857 Indian Rebellion.
• The Code was finally enacted on October 6, 1860, following thorough revision by Barnes Peacock, later the first Chief Justice of Calcutta High Court.
• Effective from January 1, 1862, it applied across British India.
• However, Princely states had their courts and systems, and the IPC didn’t automatically extend to them until the 1940s.
• 1971: The Law Commission proposed IPC revisions, resulting in several changes.
• September 6, 2018: Supreme Court decriminalized homosexuality (Section 377).
• September 27, 2018: Supreme Court bench unanimously abolished Section 497 (adultery).
• October 31, 2019: Jammu and Kashmir adopted the IPC through the Jammu and Kashmir Reorganisation Act of 2019, replacing the state’s Ranbir Penal Code.