Why in the news?
Three new bills have been introduced in the Lok Sabha seeking to replace the colonial era laws – the Indian Penal Code, Criminal Code of Procedure and the Indian Evidence Act.
News in Detail:
- An Expert committee was formed in May 2020 to undertake public consultations and make recommendations to the Government regarding the reform of criminal laws in India.
- Three new bills have been introduced in the Lok Sabha includes,
- The Bhartiya Nyaya Sanhita (BNS) bill seeks to replace the Indian Penal Code of 1860
- The Bhartiya Nagarik Suraksha Sanhita bill seeks to replace the CrPC act.
- The Bhartiya Sakshya Adhiniyam seeks to replace the Indian Evidence Act
- Changes in the new bill that will significantly impacts the framework of Indian Criminal law:
- Introduction of new offences that were absent in the existing framework like
- Acts endangering Sovereignty
- Terrorism offences
- Mob Lynching
- Sexual intercourse by deceitful means
- False promise to marry
- Armed rebellion, subversive and separatist activities
- Problematic provisions of IPC provisions have been removed such as Sec.377 (unnatural offences) and Sec.309 (attempt to suicide) and Sedition laws.
- Maximum punishment for crimes like mob lynching and rape of minors.
- Community service as a punishment for petty offences.
- The bill allows trial of absconders and fugitives in absentia.
- Visit of a forensic team to a crime scene has been made mandatory for crimes that will attract at least 7 years of imprisonment.
- The bill aims to provide justice rather than punishing people and intends to raise the conviction rate to 90%.
- A certificate to the family of the arrested shall be given stating that they are responsible for the person, by the police official.
- Compulsory video recording of victim’s statement shall be made in cases of sexual violence and a state update has to be submitted by the police within 90 days.
- The police custody period of 15 days in the CrPC has been expanded to 60- or 90-day period depending on the offence under the new bill.
- Registration of FIR in any police station irrespective of the place of offence committed (Zero FIR).
- The onus has been placed on the Prison Superintendent to file an application to the court for the release of undertrials who have completed 1/3rd or half of their maximum possible sentence.
- Computerization of all courts by 2027.
- Terrorism has been defined for the first-time allowing clarity in including acts/offence that can be classified as terror acts.
- Introduction of new offences that were absent in the existing framework like
Issues with the proposed bills:
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- Vague criminal law provisions that exacerbate the risk of arbitrary arrests.
- Some of the offences such as organized crime and provisions of UAPA has been borrowed from existing legislation without clarifying the reasons or consequences for such borrowing.
- Though sedition laws have been removed, the provision of acts endangering Sovereignty creates a fear of being a more draconian provision of the bill due to its wide sense of interpretation of offences.
- Problems that plagued the laws have not been adequately addressed.
- Overcrowded prisons and large number of undertrials by making amendments to Bail adjudication by emphasizing that bail has to be the norm.
- Issues of institutionalized torture of accused by the police has not been adequately addressed as no effective changes in the evidence legislation has been brought changes.
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