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Bills To Replace Penal Code, Criminal Procedure And Evidence Act Introduced In Parliament

Narendra Modi government has brought about many changes in legal sphere. Goods and Services Tax was passed and implemented which brought about seminal changes in Tax Administration.  Insolvency and Bankruptcy Code, 2016 has been passed, which have brought about seminal changes in Corporate Laws.  New Labour Codes have been passed by Parliament but as yet have not been notified.

Now it seems to be  turn of Criminal Laws. Sh. Amit Shah has introduced three laws to replace Indian Penal Code, 1960, Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973.

BHARTIAYA NYAYA SANHITA, 2023

Bhartiya Nyaya Sanhita, 2023  is proposed to replace Indian Penal Code, 1860. Indian Penal Code, 1860 is  a substantive act and is compilation of offences and their punishments. This act is in force since 1860. The new code is proposed to be  renamed  “Nyaya Sanhita” rather than “Penal Code”. The focus of the new code is on giving justice rather than punishment. Some of important changes under the new Code is as under:

Indian Penal Code, 1860 had prescribed five types of punishments i.e  Death Penalty, Life Imprisonment,  Rigourous and simple imprisonment, Forfeiture of property, and  Fine. New type of punishment has been introduced in the proposed code  i.e. community service. For defamation and petty offences, community service can be imposed as punishment.

Punishment for offences against woman and children have been made more severe. A person convicted for the gang rape will be punished for a minimum of imprisonment of 20 years. Death penalty as a maximum sentence  has been introduced for raping a minor. Sexual intercourse with woman on false pretext of marriage has been made punishable.

Mob Lynching,  Organised Crime, Snatching etc.  have been introduced as new offences.

Offence of Sedition abolished. In place of offence a new section 150 have been added wherein exciting secession or armed rebellion or subversive activities have been made an offence.

BHARTIYA NAGRIK SURAKHA SANHITA, 2023

Code of Criminal Procedure, 1973 is proposed to be replaced by  Bhartiya Nagrik Suraskha Sanhita, 2023.

The concept of zero FIR has been introduced. FIR can be lodged in any Police Station. The FIR will be transferred to jurisdictional Police Station.

A stricter time line has been introduced for investigation and trial. Chargesheet has to be filed after investigation within 90 days. Investigation has to be completed within 180 days in any case. Charge has to framed within 60 days of first hearing. Judgment has to be delivered within 30 days after completion of hearing.

Trail and proceedings can be held in electronic mode through electronic communication or audio-visual means.

Under the proposed Code an accused can be tried in his absence. If an accused has been declared proclaimed offender,  the Magistrate can continue with trail in absence of the accused.

Time line for Mercy Petition has been prescribed under the new Code.

BHARTIYA SAKSHYA BILL, 2023

Indian Evidence Act is being proposed to be replaced by Bhartiya Sakhya Bill, 2023.  Electronic and digital record will be admissible as primary evidence. The Scope of secondary evidence has also been expanded.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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