Overhauling India’s Criminal Justice System: Key Changes in Recent Legislative Bills

The Modi government at the Center introduced three new bills in Parliament on August 11, the last day of the monsoon session of Parliament. The purpose of these bills is to make changes in the criminal law made during the British era. Sedition law will also be 'abolished' and the death penalty will be given in mob lynching cases. At present, all these three new bills have been sent to the Standing Committee for review. But the question is, why was it needed at all? What kind of changes have been made to it? Which new laws have been inserted and which old laws have been removed?

Which three bills were introduced by the government in the House?

·      Indian Judiciary Code, 2023 (to replace IPC-1860)

·      Indian Civil Code, 2023 (To replace CrPC 1898)

·      The Indian Evidence Bill, 2023 (to amend the Indian Evidence Act, 1872)

Why the need for these three new bills?

 Speaking in the Lok Sabha, Union Home Minister Amit Shah said that "from 1860 to 2023, the country's criminal justice system continued to function according to the laws made by the British. Now all three laws which have been running since the time of the British will be changed and the criminal justice system in the country will There will be a big change. There are many British words in these three laws, such as 'London Gazette', 'Commonwealth Resolution', and 'British Crown', and such words have been removed from 475 places."

Regarding these bills, Amit Shah said that 'besides 18 states, six union territories, the Supreme Court of India, 22 High Courts, judicial institutions, 142 MPs and 270 MLAs, the public has also given suggestions regarding these bills. There has been a lot of discussion on this for four years. We have held 158 meetings on this. During this, he said that now these three new laws will bring a big change in the criminal justice system of the country. Under this bill, we have set a target that the rate of conviction will be increased to more than 90 percent.

What changes in CrPC?

 Union Home Minister Amit Shah told the House that 533 sections will be saved in the Indian Civil Code, 2023, after making changes in CrPC, 160 sections have been changed. 9 new sections have been added to the bill and 9 sections have been abolished

What changes in IPC?

 Regarding the change in the IPC, the Home Minister said that earlier there were 511 sections in the IPC. Now the Indian Justice Code, 2023 will have only 356 sections. There has been a change in 175 sections, 8 new sections have been added and 22 sections have been abolished.

What changes in the Indian Evidence Act?

 Amit Shah told that earlier there were 167 sections in the Indian Evidence Act. But, now the Indian Evidence Bill, 2023 will have 170 sections. For this, 23 sections were changed. A new section has been added and 5 sections have been repealed.

Apart from this, the major change that has come is that sedition law has been abolished and the provision of the death penalty has been made in case of mob lynching.

Sedition law to be 'scrapped'

 Section 124 (A) of the Sedition Act has been removed from this bill introduced by the government in the House. Now section 150 has been given in its place.

What is the definition of section 150 in the Indian Judiciary Code, 2023?

“Whoever, intentionally or knowingly, by words, either spoken or written, or by signs, or by any show, or by electronic message or by use of financial means, or otherwise, incites secession or armed insurrection or subversive activities, or incites or attempts to incite feelings of secessionist activities, or endangers the sovereignty or unity and integrity of India, or engages in or does any such act, shall be punished with imprisonment of either description for life or shall be punishable with imprisonment for a term which may extend to seven years and with fine."

Death penalty for mob lynching

 Mob lynching has been added to the definition of murder in the new bill. When a group of 5 or more persons together commits murder on grounds of race, caste or community, sex, place of birth, language, personal belief, or any other ground, every member of such group shall be punished with death or imprisonment Will go. In this, a provision has been made for a minimum punishment of 7 years and a maximum death sentence. Apart from this, the fine will also be imposed.

Death penalty for raping a minor

 In the new bill, priority has been given to punishment for crimes against women and children. Amit Shah told that in the new laws, we have made many provisions to deal with crime and social problems against women. In all cases of gang rape, a provision has been made for 20 years of imprisonment or life imprisonment, in the case of girls below 18 years of age, the provision of the death penalty has also been made.

A new provision has been inserted in the rape law which defines that non-resistance does not mean consent. Apart from this, the person who has sex by giving a false identity has been kept in the category of crime.

5 years sentence on hate speech

 Hate speech and religious inflammatory speech have also been included in the category of crime in the new laws. If a person gives hate speech, then in such a case a provision has been made for imprisonment of three years and a fine. Apart from this, if a provocative speech is given against any class, category, or other religion by organizing a religious event, then there will be a provision of punishment of 5 years.

What else changed?

Ø There will be a trial in the absence of the fugitives and the sentence will be pronounced.

Ø The death sentence can be changed to a life sentence, but the convict will not be released in any way. An explanation of terrorism has been added to the law.

Ø If a case is registered against a government employee, then it is necessary to give permission to run the case for 120 days.

Ø The order to attach the property of the culprits will be given by the court and not by the police officer.

Ø All courts will be online by 2027.

Ø Zero FIR can be registered from anywhere.

Ø If anyone is arrested, his family has to be informed immediately. The investigation will have to be completed in 180 days and sent for trial.

Ø The government will have to decide on running the trial against the police officers in 120 days.

Ø After the completion of the arguments in any case, the court will have to give its verdict within one month. That decision will have to be made available online within 7 days.

Ø In any case, the charge sheet will have to be filed within 90 days. With the approval of the court, one can get another 90 days.

Ø  Video recording of the victim's statement and statement is mandatory in sexual violence.

Ø In cases where the punishment is seven years or more, it will be mandatory for the forensic team to visit the crime scene.

BY: PRATYUSH JHA