From Hit-And-Run To Rape Cases: Key Changes In New Criminal Law Bills | 10 Points

from hit-and-run to rape cases: key changes in new criminal law bills | 10 points

New Delhi: Union Home Minister Amit Shah discussed the three new criminal law bills in Lok Sabha and said that Prime Minister Narendra Modi brought about the proposed three crime bills in a bid to extinguish colonial laws from the justice system.

Amit Shah said the BJP-led Centre was the “first government” to have fulfilled promises it had mentioned in its poll manifesto. We have revoked Article 370, removed AFSPA in most north-eastern areas, built a Ram Temple in Ayodhya, repealed triple talaq and given 33 per cent reservation to women.”

“This is the first govt. which has fulfilled the promises it has mentioned in its manifesto. We have revoked Article 370, remove AFSPA in most north-eastern areas, build a Ram Temple in Ayodhya, repeal triple talaq & give 33% reservation to women”:

What Are The Three Bills?

“The Indian Penal Code, which was made in 1860, was not intended to provide justice but to punish,” Amit Shah said.

In its place, the Bharatiya Nyaya Sanhita 2023 will be implemented in the entire country after the approval of this House. Bharatiya Nagarik Suraksha Bill 2023 replacing CrPc will come into force after the approval of this House. And the Bharatiya Sakshya Bill 2023 will come into force in place of the Indian Evidence Act 1872.

Why New Bills Are Needed?

“The three new bills that I have brought are laws that reflect the spirit of the original Indian Code of Justice,” Amit Shah in Lok Sabha. Shah said that Prime Minister Narendra Modi brought about the proposed three crime bills in a bid to extinguish colonial laws from the justice system.

Amit Shah, speaking on the proposed criminal laws in Lok Sabha, said, “The purpose of the Indian Penal Code, which was made in 1860, was to punish, not to give justice. After the recognition of this House, the ‘Indian Judicial Code’, ‘Indian Civil Defense Code’ in place of CrPC 1998 and the Indian Evidence Bill in place of the Indian Evidence Act 1872 will be implemented in the entire country.”

“All the laws (in IPC, CrPC) were 150 years old,” Amit Shah in Lok Sabha. “In this historic House, for the first time, under the leadership of Modi ji, I have brought about very radical changes in the three 150-year-old laws that govern our criminal justice system, which concern Indian-ness, the Indian Constitution and the people of India,” he said.

Amit Shah said the new crime bills, replacing the IPC and CrPC, aim to deliver justice and speedy justice. He said that the new crime bill will impose a time limit on investigation taken by the authorities.

Key Changes In New Bills

1. New sections added: In CrPC, there were 484 sections, now there will be 531 sections in it. Changes have been made in 177 sections and 9 new sections have been incorporated. 39 new sub-sections have been added. 44 new provisions have been added.

2. Revised sections: Rape was Section 376… now rape is section 66 and 69. Murder was section 302 in IPC, and now, in Bharatiya Nyaya Sanhita, is section 101.

3. Rape cases: We have brought offences like rape, gang rape, murder, kidnapping in the forefront,” he said. “We have said investigations should be done on the basis of forensic science… especially in rape cases etc, it is important that such investigations are carried out using forensic science and the latest technology,” Shah said.

4. Right to victim to speak: BNS gives a right to the victim to speak during the trial, Zero FIR, a court cannot allow withdrawal/closure of the case without hearing the victim. A compulsory copy of the investigation report to the victim and accused. Police accountability will be fixed.

5. Sedition Law Repealed: “The sedition law that was brought in by the Britishers was used against many of our freedom fighters,” he said. “A lot of people protested against these laws when they were in the Opposition but did nothing about sedition when they came into power. We have gotten rid of the offence of sedition,” Shah said.

6. Hit-And-Run Cases: Accidental death and death due to negligence have been redefined— if the person runs over someone with a car by accident– if the driver takes the victim to the hospital they will face lighter punishment, but a hit & run case will get higher punishment

7. Bail law: If an undertrial has completed 1/3 of the imprisonment period, they can get bail.

8. Death penalty for mob lynching: “Mob lynching is a disgusting crime and in the new law, we are making a provision for the death penalty for the crime of mob lynching. But I want to ask Congress that you have also ruled the country for years, why did you not make a law against mob lynching? You used the word mob lynching just to abuse us, but forgot to make laws when you were in power,” Amit Shah said.

9. Trial in absentia will be allowed and accused who have fled the country will be convicted and punished.

10. “Now the accused will get seven days to file a plea for acquittal…The judge has to hold the hearing in those seven days and in a maximum time of 120 days, the case would come to trial. There was no time limit for plea bargaining earlier. Now if one accepts their crime within 30 days of the crime then the punishment would be less…There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that,” Shah said.