Three new criminal code bills, focusing on justice rather than punishment, were passed by the Lok Sabha on Wednesday. Union Home Minister Amit Shah highlighted their significant impact on the criminal justice system, emphasizing a shift towards a more humane approach. The laws prioritize justice, equality, and fairness, addressing loopholes in existing legislation.
The Bharatiya Nyaya (Second) Sanhita, replacing the Indian Penal Code, will now have 358 sections instead of 511 in the IPC, with increased penalties and mandatory minimum sentences for various offenses. Key changes include the definition of child and inclusion of transgender in the gender definition. Sedition is replaced with treason, and crimes against women and children are given priority.
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, replaces the Code of Criminal Procedure, with 531 sections, enabling Zero FIR nationwide.
The Bharatiya Sakshya (Second) Bill of 2023 replaces the Indian Evidence Act, incorporating 170 sections and expanding the definition of documents to include electronic records.
The laws address terrorism, defining it for the first time, and emphasize the digitalization of public services. Notable changes include the provision for life imprisonment and death penalty for the rape of a woman under 18, converting sedition to treason, and introducing measures against mob lynching. The bills address issues like rape, gangrape, crimes against children, and human trafficking.
The law allows for reduced punishment in culpable homicide cases if the accused reports the incident to the police and ensures the victim receives medical treatment. Additionally, hit and run cases will now carry a penalty of 10 years of imprisonment.
To streamline legal processes, FIRs must be registered within three days, and time limits are set for charge sheets, investigations, and court decisions. Technology is leveraged to prevent the misuse of police powers, with compulsory video recording of evidence. The bills also focus on transparency, accountability, and protecting the rights of victims and accused individuals.
Zero FIRs can be lodged at any police station, with mandatory transfer to the relevant station within 24 hours. Additionally, bail and bond provisions are clarified, and measures are taken to address proclaimed offenders and fugitives. The trial in absentia is introduced, along with provisions for under-trial prisoners and rationalizing sentence remission.
The bills bring significant changes to the Indian criminal justice system, aligning with principles of justice and fairness, prioritizing the safety of women and children, and incorporating technology for efficiency and transparency.
