New Criminal Law Bills 2023: 10 Changes as India Breaks Free from the Colonial Era
New Criminal Law Bills introduced as India Breaks Free from the Colonial Era. Recent developments in criminal law have seen the Lok Sabha passing two pivotal bills with unanimous consent – the Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill – through a voice vote. Union Home Minister Amit Shah, while deliberating on these bills in the lower House, emphasized their objective to revolutionize the criminal justice system. He stated that the proposed changes aim for a human-centric approach, prioritizing justice over mere imposition of penalties, thereby addressing long-standing challenges faced by the underprivileged in accessing justice due to financial constraints.
New Criminal Law Bills: Here are ten noteworthy changes as India transitions away from its colonial-era legal frameworks:
- Expanded Framework: The Code of Criminal Procedure (CrPC) has undergone a significant overhaul, expanding from 484 to 531 sections.
- Redefined Sexual Offenses: Sections related to sexual offenses have been redefined, with rape now codified under Sections 66 and 69, moving away from the previous Section 376.
- Transformative Amendments to Murder Offenses: Murder offenses, formerly under Section 302 of the Indian Penal Code (IPC), are now addressed in Section 101 of the newly introduced Bharatiya Nyaya Sanhita.
- Death Penalty for Hate Crimes: The legislation introduces the death penalty for hate crimes, including mob lynching.
- Repeal of Sedition Law: The sedition law is entirely replaced by Section 150, addressing acts endangering the sovereignty, unity, and integrity of India, with a modified imprisonment term of 3 to 7 years.
- Death Penalty for Raping Minors: The death penalty is prescribed for raping a girl under 18 years, with provisions against revealing the victim’s identity.
- 20 Years to Life Imprisonment for Adult Rape: The punishment for rape involving individuals above 18 years ranges from 20 years to life imprisonment.
- Harsher Punishments for Terrorism: Acts of terrorism now incur harsher penalties, and both the victim and accused are entitled to a compulsory copy of the investigation report, ensuring police accountability.
- Varied Punishments for Hit-and-Run Incidents: Hit-and-run incidents see milder punishments if the driver promptly takes the victim to the hospital, while severe penalties are imposed if the driver fails to remain at the scene or provide immediate assistance.
- Introduction of Community Service: For the first time, community service is introduced in criminal laws, specifically for petty crimes.
Additionally, the bills mark the first-time definition of organized crime, encompassing cybercrime, economic crime, arms smuggling, robbery, and human trafficking. These legislative changes aim to replace outdated legal frameworks and bring about comprehensive reforms in the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898, and the Indian Evidence Act of 1872. The Bharatiya Nagarik Suraksha (Second) Sanhita Bill focuses on civic security reforms, while the Bharatiya Sakshya (Second) Bill concentrates on modernizing evidence-related provisions to align with contemporary legal standards and practices.
