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Proposed Bills on Criminal Laws UPSC NOTE

 


Recently in news

  • Union Home Minister introduced three Bills in the Lok Sabha to repeal the British-era Indian Penal Code (IPC), the Indian Evidence Act (IEA), and the Code of Criminal Procedure (Cr.PC).

  • The Bill proposes 313 amendments 

The Bharatiya Nyaya Sanhita Bill, 2023: 

  • It replaces the IPC.

  • It prescribes capital punishment as the maximum sentence for mob lynching.

  • It suggests 10-year imprisonment for sexual intercourse with women on the false promise of marriage. 

  • The Bill, however, states that “sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not rape”.

  • Death penalty for rape of a minor.

  • According to the proposed Bill, a person convicted of gang rape will get a minimum of 20 years in prison, with the maximum punishment being life imprisonment.

  • Section 302 of the IPC elaborates on the punishment for murder: “Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.”

  • However, in the new bill, Section 302 covers 'snatching'. It says:

    • “Theft is “snatching” if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any moveable property.”

  • Section on sedition has been repealed. 

  • The new bill replaces the sedition provision with Section 150, which deals with "acts endangering sovereignty, unity and integrity of India". Such actions will be punishable with 7 years in jail, life imprisonment and fine.

  • Under Section 354 (1) and Section 354(2) “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both or with community service.”

Other provisions

  • Criminal Procedure Act, 1898, will be replaced by Bharatiya Nagarik Suraksha Sanhita (BNSS).

  • Indian Evidence Act 1872, will be replaced by Bharatiya Sakshya (BS).

  • In cases of sexual violence against women, the video-recording of statement of survivors has been made compulsory.

  • Marrying or making sexual relations with a woman by deception, by giving wrong credentials has been brought in as a separate category of crime.

  • Police has to inform about the status of a complaint in 90 days. 

  • If a case punishable by seven years or more is to be withdrawn, then before doing so, the police must consult the victim.

  • Community service is being introduced for specific crimes. 

  • The maximum limit of 180 days has been fixed to file a chargesheet. 

  • The police cannot take an indefinite plea that investigation is on. 

  • Police will get 90 days to file chargesheet, another 90 days can be granted by court, but it cannot exceed that.

  • The government of the day will have to decide prosecution sanction against police officers and civil servants within 120 days, else it will be deemed to be permitted.

  • Videography of search and seizure is being made compulsory and a chargesheet won’t be accepted without it. 

  • The conviction rate is presently low, aim to take it to 90%.

  • Forensic collection of evidence compulsory in all crimes punishable by seven years.

  • A police officer will be designated in each police station who will certify to the relatives of an accused that she/he is in police custody.

  • A person with political clout does not get advantage of rules on remission of sentence.

    • Death sentence can only be remitted to life sentence, life sentence can be remitted only up to seven years, seven years imprisonment can be waived off only up to three years. 

  • Though terrorism has for the first time been defined as a separate offence in the Bharatiya Nyaya Sanhita (BNS) Bill, 2023.

  • The other special law that deals with terrorist acts — the Unlawful Activities Prevention Act (UAPA) — will remain in practice.

  • The new Bill that seeks to repeal the Indian Penal Code, 1860, will have no bearing on other special laws such as the Maharashtra Control of Organised Crime Act (MCOCA), 1999, and Acts governing the Central Bureau of Investigation (CBI), among others.

  • Another major change being introduced relates to the Zero FIR that is filed irrespective of jurisdiction. “Presently we have the concept of Zero FIR but it has been codified now,” the official said.

  • A new section has been added regarding attachment and confiscation of property related to the proceeds of crime.

  • The investigating police officer can make an application to the court to take cognisance that the property has been obtained as a result of criminal activities. 

  • This type of property can be confiscated by the court and the victims can be compensated through it.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Proposed Bills on Criminal Laws UPSC NOTE
Proposed Bills on Criminal Laws UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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