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India officially replaces its colonial-era criminal laws | All you need to know

No more IPC, CrPC & evidence act, now it's Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act, 2023.

The three criminal bills to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Evidence Act were signed into law on Monday by President Droupadi Murmu, news agency PTI reported. The Bharatiya Sakshya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and Bharatiya Nyaya Sanhita Bill, 2023 were passed by both Houses of Parliament earlier amid a stormy Winter Session in which 146 Opposition MPs were suspended.

According to experts, the three new laws will make punishments more stringent for terrorism, lynching, and offences endangering national security.

Presenting the criminal bills in Rajya Sabha, Union Home Minister Amit Shah said that laws, once implemented, will ensure the end of the “tareekh-pe-tareekh” era and justice will be delivered within three years.

“I feel proud that for the first time, India’s Parliament is framing laws for the country’s criminal justice system that have a purely ‘Bharatiya’ soul, body and thought,” Shah said while tabling the bills in Upper House.

“These transformative Bills are a testament to India’s commitment to reform. They bring our legal, policing, and investigative systems into the modern era with a focus on technology and forensic science. These Bills ensure enhanced protection for the poor, marginalised and vulnerable sections of our society,” the Prime Minister said.

Bharatiya Nyaya Sanhita:

It will have 358 sections, as opposed to 511 sections in the IPC. It will introduce 20 new crimes, increase the imprisonment sentence for 33 crimes, raise the amount of fine for 83 crimes, and introduce mandatory minimum punishment for 23 crimes. It will also provide for community service as a penalty for six crimes and repeal or remove 19 sections.

Bharatiya Nagarik Suraksha Sanhita:

It will have 531 sections, as compared to 484 sections in the CrPC. The law has been amended in total by 177 provisions, with nine new sections and 39 new sub-sections added. The proposed statute includes 44 new provisions and clarifications. Timelines have been added to 35 parts, and audio-video support has been provided in 35 locations. A total of 14 sections of the law have been repealed or eliminated. It will streamline the procedures for investigation, trial, bail, appeal and revision.

It will also ensure the protection of the rights of the accused, the victims and the witnesses. It will also empower the police and the courts to deal with emerging challenges such as cybercrime, terrorism and organised crime.

Bharatiya Sakshya Bill:

It will have 170 sections, as against 167 sections in the Evidence Act, and 24 sections have been amended. 2 new provisions and 6 sub-provisions have been introduced to the law, while 6 provisions have been repealed or eliminated.

It will update the rules of evidence to make them more scientific, rational and reliable. It will also incorporate the latest developments in forensic science, digital technology and DNA testing. It will also enhance the admissibility and credibility of electronic evidence, confessions, dying declarations and expert opinions.

You might also be interested in – Key changes in the New Criminal Law Bills

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