Thursday, May 2, 2024

Highlights of Amit Shah’s big revamp of Indian criminal laws

Union Home Minister Amit Shah on Friday introduced three bills in the Lok Sabha to replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act.

The three bills include the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023. And they will soon be sent to a parliamentary panel for further scrutiny

He said: “From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British. The three laws will be replaced and there will be a major change in the criminal justice system in the country…”

“The focus of those law was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizen,” he said in the Lower House of Parliament.

Bhartiya Nyaya Sanhita

Bhartiya Nyaya Sanhita repeals 22 provisions of IPC, proposes changes to 175 existing provisions and introduces 9 new Sections. It contains total 356 provisions.

Few new provisions under IPC:

Section 109: Organised crime

Section 110: Petty organised crime or organised in general

Section 111: Offence of terrorist act

Section 150: Acts endangering sovereignty unity and integrity of India

Section 302: Snatching

Sedition

Shah said the Bill completely repeals the offence of Sedition. The Bill however has provisions for “Offences against the State”. Section 150 of the Bill deals with “Acts endangering sovereignty unity and integrity of India.”

Mob lynching

He also mentioned that the Bill makes provision to penalize the offence of ‘Mob lynching’ and the same is punishable with 7 years or life imprisonment or death penalty.

Bharatiya Nagarik Suraksha

Bharatiya Nagarik Suraksha Sanhita repeals 9 provisions of the CrPC, proposes changes to 107 provisions thereof and introduces 9 new provisions. The Bill contains total 533 Sections.

Bharatiya Sakshya Bill

Bharatiya Sakshya Bill repeals 5 existing provisions of the Evidence Act, proposes changes to 23 provisions and introduces one new provision. It contains 170 Sections in total.

Videography, Video conferencing

Complete trial, including Cross-examination, appeal, to be facilitated via Video conferencing;

Videography while recording statement of victims of sexual crimes mandatory

Videography mandatory during Search & Seizure;

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