The IPC and CRPC laws that have been in place since the British era have now become history. Three new laws came into effect from July 1. At the same time, Union Home Minister Amit Shah held a press conference regarding this. He said that the laws made by the British have expired. Now new laws are being implemented in the country, in which more emphasis has been given on giving justice to the victim instead of punishing the accused.
Changes in these streams
Let us tell you that from now on new cases and proceedings will be registered under the Indian Judicial Code (BNS), Indian Civil Defense Code (BNSS) and Indian Evidence Act (BSA). On August 15, 2022, after hoisting the tricolor in Jammu and Kashmir, Prime Minister Narendra Modi had said that he will eliminate all signs of slavery. Under this, these laws have been changed.
The numbers of sections of many serious crimes including murder or fraud will change and the provision of punishment for crimes like rape and snatching has also been changed. Police, lawyers and judges will also have to prepare afresh regarding these new laws. This Act is going to increase the power of the police.
Amit Shah congratulated the public
Amit Shah said that first of all I want to congratulate the people of the country that after almost 77 years of independence, our criminal justice system is becoming completely indigenous. It will work on Indian values. These laws were considered after 75 years and since today when these laws have come into force, the colonial laws have been abolished and the laws made in the Indian Parliament are being put into practice.
There will be justice instead of punishment
Instead of 'punishment' there will now be 'justice'. Instead of delay, there will now be speedy hearing and speedy justice. Earlier only the rights of the police were protected, but now the rights of the victims and complainants will also be protected.
What's new in the new laws
IPC (Indian Penal Code-1860) – There are a total of 356 sections in the new Indian Penal Code-2023. In the new code, 22 provisions of IPC have been repealed and changes have been proposed in 175 existing provisions of IPC. 9 new sections have been introduced.
CRPC (Code of Criminal Procedure-1898) – New Indian Civil Protection Code-2023 will be proposed. There are total 533 sections in it. Through this, 9 provisions of CRPC have been repealed. In this law, there will be changes in 107 provisions of CRPC and it has been asked to introduce 9 new provisions.
IEA (Indian Evidence Act-1872)- Indian Evidence Act-1872 will be replaced by Indian Evidence Act 2023. There are total 170 sections in it. The new Act will repeal 5 existing provisions of the existing Evidence Act and the Bill proposes changes in 23 provisions.
These include provisions ranging from death penalty to 20 years imprisonment
The laws were weak in many heinous crimes including rape, gang rape, child rape, mob lynching. Which have now been made more strict. There is a provision for harsh punishment ranging from death penalty to 20 years. The punishment for rape of a minor includes death penalty.
In case of mob lynching, the punishment for 7 years has been changed to death penalty or life imprisonment. Life imprisonment for child rape, 20 years imprisonment for gang rape,If a woman dies or becomes unconscious during rape, she will be punished with rigorous imprisonment of not less than 20 years. Videography will be mandatory while recording the statements of all victims of sexual crimes. The punishment for crimes against children has been increased from seven years to 10 years' jail term.
Zero FIR can be registered
Under the new law, now zero FIR can be registered in any state or police station. Irrespective of their jurisdiction.Now police stations cannot refuse to file FIR. Also, it will be mandatory to send Zero FIR to the jurisdictional police station within 15 days after crime registration. The entire hearing including cross-examination and appeal will also be held through video conferencing. No case carrying a sentence of seven years or more shall be withdrawn without giving the victim an opportunity of being heard.
Charge sheet in 90 days, charges will be decided in 60 days
Charge sheet will mandatorily be filed within 90 days of FIR. The court may extend such time for up to 90 days. Due to which the total maximum period for concluding the investigation will be 180 days. The courts will have to complete the framing of charges within 60 days of receiving the charge sheet.
The verdict will be given compulsorily within 30 days after the conclusion of the hearing. The judgement will be compulsorily made available online within seven days of its pronouncement.
Forensic teams are mandatory in these crimes
According to the new law, forensic teams will have to compulsorily visit crime scenes for crimes punishable with punishment of more than seven years. It has been made necessary to investigate there. Mobile FSL will be deployed at the district level. Videography will be mandatory during search and seizure. It will also be necessary to get videography done of the vehicles seized for involvement in any crimes.
Cheating about marriage or job is also a big crime
Now even raping a woman under the false pretext of marriage or job etc. will be considered a big crime. There will be separate provisions to punish for this. Similarly, there will be a separate provision for chain mobile snatching and similar mischievous activities.
Death penalty can be converted into life imprisonment
These new laws also seem to be providing relief in some cases. The death penalty can be commuted to a maximum of life imprisonment. The sentence of life imprisonment can be reduced to a maximum of 7 years imprisonment. The sentence of 7 years can be converted into 3 years of imprisonment. The punishment cannot be reduced by this.