Highlights Of 3 Criminal Law Bills Tabled in Parliament

Union Home Minister Amit Shah on Friday introduced three bills in the Lok Sabha to replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, which are British-era laws

He said that in the current laws, heinous crimes like murder or crime against women were placed very low and crimes like treason, robbery and attack on the official of the government were kept above these. He said that we are changing this approach and the first chapter in these new laws will be on crimes against women and children. The second chapter will be on murder/homicide and criminality with human body. We have brought this law by taking a very principled decision of bringing the citizen at the centre instead of governance.

The Bharatiya Nagarik Suraksha Sanhita Bill, which will replace CrPC, will now have 533 sections, 160 sections have been changed, 9 new sections have been added and 9 sections have been repealed.

The Bharatiya Nyaya Sanhita Bill, which will replace the IPC, will have 356 sections instead of the earlier 511 sections, 175 sections have been amended, 8 new sections have been added and 22 sections have been repealed.

The Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167, 23 sections have been changed, 1 new section has been added and 5 repealed.

The state-of-the-art technologies have been incorporated in these laws. The definition of documents has been expanded to include electronic or digital records, e-mails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mails and messages available on devices, which can be used in courts, which will give freedom from the pile of papers.

Provision has been made in this law to digitize the entire process from FIR to case diary, case diary to charge sheet and from charge sheet to judgement. At present, only the appearing of the accused in court can be done through video conferencing, but now the entire trial, including cross-questioning, will be done through video conferencing. Examination of complainant and witnesses, investigation and recording of evidence in trial and High Court trial and entire appellate proceedings will now be possible digitally. It will also make videography compulsory at the time of search and seizure, which will be part of the case and this will save the innocent citizens from being implicated. No charge sheet will be valid without such recording by the police.

As per the proposed bill, the forensic team should compulsory to the crime scene for offenses punishable for 7 years or more.

Amit Shah said that for the first time after 75 years of independence, we are starting Zero FIR to ensure the convenience of the citizens.

"Wherever the crime may have happened, the citizens will be able to lodge complaints even outside of their police station area. Within 15 days of the registration of crime, it will have to be forwarded to the concerned police station. For the first time we are adding the provision of e-FIR. Every district and police station will designate a police officer who will inform online and in person about the arrest to the family of the arrested person. Shah said that the statement of the victim has been made compulsory in the case of sexual violence and video recording of the statement has also been made compulsory in the case of sexual harassment," he said. It will be compulsory for the police to give the status of the complaint to the complainant in 90 days and thereafter in every 15 days.

No government will be able to withdraw a case of imprisonment of 7 years or more without hearing the victim, this will protect the rights of the citizens. Under this law, for the first time, we are bringing community service as a punishment. The scope of summary trial in small cases has also been increased, now offenses punishable up to 3 years will be included in summary trial, with this provision alone more than 40 percent cases in sessions courts will be finished.

A time limit of 90 days has been fixed for filing the charge sheet and depending on the situation, the court will be able to give permission for further 90 days. In this way, within 180 days the investigation will have to be completed and will be forwarded for trial. Courts will now be bound to give notice of framing of charges to the accused person within 60 days. The Hon'ble Judge will have to give the decision within 30 days of the completion of the argument, this will not keep the decision pending for years, and the decision will have to be made available online within 7 days.

Union Home Minister said that the government will have to decide on the permission for trial against a civil servant or police officer within 120 days, otherwise it will be treated as deemed permission and the trial will be started. "We have made another big revolutionary change, the SP who is currently working, will testify after seeing the same file, the earlier concerned officer was not required to come, which will provide quick testimony and justice will also be delivered soon. Apart from this, we have also brought a provision for attachment of the property of declared criminals. We are also adding a new provision of different type of harsh punishment against inter-state gangs and organized crimes in this law."

The Centre is making many provisions to deal with crime and social problems against women. A provision has been made to criminalize sexual intercourse on the basis of false promises of marriage, employment and promotion and on the basis of false identity. In all cases of gang rape, a provision of 20 years of punishment or life imprisonment has been made, which is not being implemented today.

In the case of girls below 18 years of age, a provision of death penalty has also been kept. For mob lynching all three provisions of 7 years, life imprisonment and death penalty have been kept. There was no provision for mobile phone or chain snatching from women, but now provision has been kept for the same.

The punishment for offenses against children has been increased from 7 years to 10 years. Provision has also been made to increase the amount of fine in many crimes. There is also a provision of 10 years of imprisonment for criminals who run away from custody. There were many cases of using pardon from sentences for political gains, now the death penalty can be changed to life imprisonment, life imprisonment to a minimum of 7 years and 7 years to a minimum of 3 years.

Earlier there was no definition of terrorism, but now crimes like secession, armed insurgency, subversive activities, separatism, crimes like challenging the unity, sovereignty and integrity of India have been defined in this law and the rights have been given to confiscate the properties of those related to these crimes.

The court will order this on the cognizance of the investigating police officer. The Modi government has taken a decision regarding trial in absentia. The Sessions Court Judge, after due process, will try and sentence a person declared a fugitive in absentia, no matter where in the world he may be hiding. He will have recourse to Indian law and court to appeal against the sentence.

A large number of case properties are lying in police stations across the country, these can be disposed of by videography and submitting the verified copy to the court. A total of 313 changes have been made in this law which will bring a widespread change in our criminal justice system and anyone will be able to get justice within a maximum of 3 years, the Home Minister said. He said that special care has been taken of women and children in this law, it has been ensured that the criminals are punished and such provisions have also been made to prevent the police from misusing their powers. On the one hand, laws like sedition have been repealed, on the other hand, provision of punishment for exploiting women by cheating and heinous crimes like mob lynching, and cracking down on organized crimes and terrorism has also been done.