Key changes in the New Criminal Law Bills

Over the past two days, 143 members of the opposition were suspended from parliament —including 95 from Lok Sabha and 46 from Rajya Sabha. Despite this, Lok Sabha was successful in passing three significant bills on Wednesday, all of which aim to replace existing criminal laws in the country. 

The bills, namely Bharatiya Nyaya Sanhita (second), 2023, Bharatiya Nagarik Suraksha Sanhita (second), 2023, and Bharatiya Sakshya (second) Bill, 2023, will replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act respectively. 

The Indian Penal Code (IPC) outlines what offenses are considered crimes and the corresponding punishments in India. The Code of Criminal Procedure (CrPC) instructs how to investigate, try, and punish criminals, while the Indian Evidence Act, instituted in 1872 during British rule, governs the admissibility of evidence in Indian courts. 

First introduced in Parliament on August 11, 2023, the three bills were later withdrawn to allow changes based on recommendations from the Parliamentary Standing Committee. The bills have since been modified and were passed by a voice vote on December 20 in the lower house. Home Minister Amit Shah spoke in defense of the bills. 

“The previous laws prioritized punishments for offenses such as looting the government treasury, uprooting railway tracks, and insulting the British crown. The revised focus is on prioritizing crimes against women/children, their impact on the human body, and national security. Additionally, the amendments address military, election, and currency laws.”

Among the key points made by Home Minister Amit Shah were: 

• The introduction of a provision for the death penalty for the crime of mob lynching
• The institution of a time limit for investigations by the authorities, with the FIR to be filed within 3 days of the complaint
• The right for the victim to speak during the trial, the introduction of Zero FIR, and the prohibition of withdrawal or closure of a case without hearing the victim
• The removal of Section 124, which previously allowed the prosecution of anyone causing disaffection towards the government
• The redefinition of accidental death and death due to negligence, with lighter punishment in some instances and higher penalties for hit-and-run cases
• The eligibility of an undertrial who has served 1/3 of the imprisonment period for bail
• The implementation of digitization and video recording of the entire evidence collection procedure to prevent false accusations

How many sections have been changed in each criminal law? 

• The Bharatiya Nyaya Sanhita Bill (Second), 2023, brings a complete overhaul of the Indian Penal Code, touching upon 175 sections and introducing 8 new sections.
• The Bharatiya Nagarik Suraksha Sanhita Bill (Second), 2023, replaces the Code of Criminal Procedure with alterations in 160 sections, the incorporation of 9 new sections, and the elimination of 9 sections.
• The Bharatiya Sakshya (Second) Bill of 2023, set to replace the Indian Evidence Act of 1872, includes changes in 170 sections. This involves 23 modifications, the introduction of a new section, and the removal of 5 sections.

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