New Bills for holistic revamp of Criminal laws

Why in the news?

Three new bills have been introduced in the Lok Sabha seeking to replace the colonial era laws – the Indian Penal Code, Criminal Code of Procedure and the Indian Evidence Act.

News in Detail:

1. An Expert committee was formed in May 2020 to undertake public consultations and make recommendations to the Government regarding the reform of criminal laws in India.
2. Three new bills have been introduced in the Lok Sabha includes,
   1. The Bhartiya Nyaya Sanhita (BNS) bill seeks to replace the Indian Penal Code of 1860
   2. The Bhartiya Nagarik Suraksha Sanhita bill seeks to replace the CrPC act.
   3. The Bhartiya Sakshya Adhiniyam seeks to replace the Indian Evidence Act

3. Changes in the new bill that will significantly impacts the framework of Indian Criminal law:
   1. Introduction of new offences that were absent in the existing framework like
      1. Acts endangering Sovereignty
      2. Terrorism offences
      3. Mob Lynching
      4. Sexual intercourse by deceitful means
      5. False promise to marry
      6. Armed rebellion, subversive and separatist activities
   2. Problematic provisions of IPC provisions have been removed such as Sec.377 (unnatural offences) and Sec.309 (attempt to suicide) and Sedition laws.
   3. Maximum punishment for crimes like mob lynching and rape of minors.
   4. Community service as a punishment for petty offences.
   5. The bill allows trial of absconders and fugitives in absentia.
   6. Visit of a forensic team to a crime scene has been made mandatory for crimes that will attract at least 7 years of imprisonment.
   7. The bill aims to provide justice rather than punishing people and intends to raise the conviction rate to 90%.
   8. A certificate to the family of the arrested shall be given stating that they are responsible for the person, by the police official.
   9. Compulsory video recording of victim’s statement shall be made in cases of sexual violence and a state update has to be submitted by the police within 90 days.
   10. The police custody period of 15 days in the CrPC has been expanded to 60- or 90-day period depending on the offence under the new bill.
   11. Registration of FIR in any police station irrespective of the place of offence committed (Zero FIR).
   12. The onus has been placed on the Prison Superintendent to file an application to the court for the release of undertrials who have completed 1/3^rd or half of their maximum possible sentence.
   13. Computerization of all courts by 2027.
   14. Terrorism has been defined for the first-time allowing clarity in including acts/offence that can be classified as terror acts.

Issues with the proposed bills:

1. 1. 1. 1. Vague criminal law provisions that exacerbate the risk of arbitrary arrests.
         2. Some of the offences such as organized crime and provisions of UAPA has been borrowed from existing legislation without clarifying the reasons or consequences for such borrowing.
         3. Though sedition laws have been removed, the provision of acts endangering Sovereignty creates a fear of being a more draconian provision of the bill due to its wide sense of interpretation of offences.
         4. Problems that plagued the laws have not been adequately addressed.
            1. Overcrowded prisons and large number of undertrials by making amendments to Bail adjudication by emphasizing that bail has to be the norm.
            2. Issues of institutionalized torture of accused by the police has not been adequately addressed as no effective changes in the evidence legislation has been brought changes.

Source URL: Revamp of criminal laws: Centre brings Bills to replace IPC, CrPC, Evidence Act | India News - The Indian Express