DISCUSSION ON THE RECENT AMENDMENT BILLS INCLUDING IN CRIMINAL LAW FOR REPLACING IPC, CrPC, INDIAN EVIDENCE ACT

DISCUSSION ON THE RECENT AMENDMENT BILLS INCLUDING IN CRIMINAL LAW FOR REPLACING IPC, CrPC, INDIAN EVIDENCE ACT

Author:- Dipti Roy, a Student of Department of Law, Calcutta University

India’s present Union Home Minister Amit Shah introduced three bills in Lok Sabha in 11th August, 2023 on Friday. Bills consist of some changes. Mr. Amit Shah refers a lot of changes while introducing the bills. He also gave the answer to questions why the bills should be passed. Now, the bills are sent to the Parliamentary standing committee. 

HISTORY OF PASSING THE ACTS

*Indian Penal Code (IPC) came forward by the British in 1st January, 1860. 

*Code of Criminal Procedure (CrPC) introduced in 1898.

*Indian Evidence Act (IEA) was started taking force in 1872.

India’s first Law Commission’s chairman Thomas Babington Macaulay drafted IPC. Thus, it proofs of the origin of the Acts. 

The social context of that contemporary society was found in a larger extent in the Acts. It took a lot of time to come into force. Mark Gyalanter mentioned on his book “The Displacement of traditional Law in India” that the British found a great difficulty, especially in the legal field to rule India. 

NAME OF THE CHANGING BILLS 

The Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1898 (CrPC) and the Indian Evidence Act, 1872 which are demanded to change in the names respectively the Bharatiya Nyaya Sanhita Bill, 2023 (BNS); the Bharatiya Nagarik Suraksha Sanhita Bill 2023 (BNSS); the Bharatiya Sakshya Bill 2023 (BS). 

                         

EXPARTS’ OPINION 

For the need of the bills, there are a lot of consultation happened. Union Home Minister addresses that they have consulted with the honorable Supreme Court, 16 High Courts. They have also consulted with MPs’, MLAs’ of different States, Chief Ministers, and several Law Universities. They arranged about 158 visits for the discussions in detail about the Acts since last 4 years.    

CHANGES IN THE NUMBER OF SECTIONS OF THE ACTS

*Indian Penal Code, 1860

511 Sections are there. 175 Sections are changed. 8 new Sections are added and 22 are repealed. The new bill consists of 356 sections. 

*Code of Criminal Procedure, 1898

535 Sections are there in the act. 160 sections are now changed. 9 new sections are introduced along with that 9 new sections are repealed. 

*Indian Evidence Act, 1872

170 Sections will be there in the act. 23 Sections are changed, 1 new provision is added, 5 are repealed.  

WORDS NEED TO CHANGE

Mr. Shah addresses some words which the British used in the mentioned Acts. But India is an independent nation, there is no need to use the terms. For example - Parliament of United Kingdom, provincial Acts, London Gadget, jurists, barrister, the Privy Council, courts of justice in England, Common Wealth etc.

CHANGES BROUGHT IN THE BILLS

The Bharatiya Sanhita Suraksha Bill’s Section 150 refers that there is a need to increase the alternative punishment from 3 to 7.

It also mentions about Section 124A of IPC which deals with the provision related to the sedition. The bill proposes to change the sedition law which currently allows the punishment up to the life imprisonment or 3 years, to have an alternative for 7 years based on the seriousness of the crime. 

Mr. Shah also addresses a lot of provisions relating to terrorism, mob-lynching (when a group of 5 or more persons acting in consent commits murder on the grounds of race, caste, community, sex, place of birth, language, personal belief or any other grounds like that) , crime against women etc.

Terrorism: There was no provision related to terrorism. Now, the terrorism also be granted as a crime and the definition of terrorism is also given in the new bill.

Crime against Women and Children: Sexual exploitation against women (in case of concealing identity in the time of marriage, job, and promotion) is going to consider a crime. The punishment for the guilty against children is increased to 10 years instead of 7 years in this bill.

In case of gang rape the amount of the punishment is increased. The punishment can be given for 20 years or life imprisonment. In case of rape of a minor the death sentence can also be given. 

Speedy justice: According to the new bill, the charge sheet has to file within 90days and the Court can give permission within the 90 days. That’s how the accused can sent for a trial within 180 days. After the trial, the judgment can be given within 30 days. 

For the Political Personality: To stop political use in case of punishment, an important provision is introduced. It is said in the provision that the life imprisonment case be pardoned for 7 years. 

Gender Neutrality and Petty Offences: Is case of rape, the rape of a man is also mentioned. Thus, it proofs gender equality. It is for the first time, community service will be one of the punishments for petty issues. 

Technology: New modern techniques (SMS, Digital Record, Smart Phone and Email) have to be used in the procedure of judgment. The whole will be digitalized. The trial; can also be happen through video-conference. To provide a certificate of FIR through online is also discussed.

Other Provisions: If the accused person escapes from India, the judgment will still happen in his absence and he will also be punished. 

The visit of the forensic department is compulsory if the punishment is given for 7 years or more.

There are also some provisions regarding the transfer of the judges and the civil servants. If the judge or the civil servant retires who was involved in the case, the newly appoint judge should have proper authority for that.

Snatching (mobile, the jewellery of a woman) is also included as a crime. 

There are also the divisions of criminal offenses; i.e. – major (brain death) and minor (small injury in hand etc.). The provision differs relating to that.

There is a statement of the object for the BNSS. The mantra is—

“SABKA SAATH, SABHA VIKAS, SABKA VISHWAS AND SABKA PRAYAS.”

NEED TO CHANGE THE ACTS

According to the opinion of the Union minister Amit shah, the need of introducing these bills is very crucial because the provisions of CrPC, IPC and Indian Evidence Act focus to protect and strengthen the British administration rather to give justice of all. 

There was also mentioned about trials and e-fillings of FIR’s which would help to provide speedy justice. It also urges to repeal the concept of slavery which is there in the Acts. Being an independent nation, there is tae equal opportunity to everyone to ask for justice. The British brought the concept of slavery for their own benefit but now it is no longer needed. 

The term sedition is removed from the Acts as the terms are no longer needed. It also includes corruption, terrorism and organized under the Penal Laws. 

It enforces the crime against women (rape, gang rape) and children.

The new provisions help to secure the constitutional rights of all the citizens and to protect them.

The aim of the British was to give punishment not to provide justice. Whereas, according to the union minister the new bill brings the agenda to secure justice not to punish the people. Thus, the new bill introduced a lot of changes in the criminal justice system to attain modernity.  

CONCLUSION 

The bills are now sent in the Parliamentary Standing committee. The experts are looking for the importance of the bill. A lot of new provisions are added. Now, the time can tell us whether the bill should be passed or not.