“Landmark Reforms: Centre Set to Modernize British-Era IPC, CrPC, and Evidence Act”- IAS Banenge

Why in News ?

Among the proposed amendments are capital punishment for mob lynching, imprisonment for sexual intercourse on false promise of marriage, and repeal of specific section on sedition.

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About the Bill.

In a groundbreaking move, Union Home Minister Amit Shah has presented a trio of bills in the Lok Sabha aimed at revamping and modernizing India’s legal framework. The proposed Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and Bharatiya Sakshya Bill, 2023 are set to replace the archaic Indian Penal Code (IPC), the Indian Evidence Act, and the Code of Criminal Procedure (CrPC), respectively. These legislative changes are designed to deliver more efficient justice while catering to the evolving needs of the nation’s populace.

One of the most notable provisions of the new bills is the prescription of capital punishment for mob lynching, reflecting the government’s stringent stance on curbing this heinous crime. Additionally, the bills address instances of sexual misconduct by imposing a ten-year prison sentence for sexual intercourse with women under false promises of marriage. Notably, the legislation clarifies that consensual sexual relations between a husband and wife, provided the wife is not under eighteen years of age, will not be considered rape.

Of significant significance is the removal of the section on sedition, signifying a move towards more contemporary legal principles. The bills also introduce comprehensive definitions of terrorism and related offenses, such as separatism and armed rebellion against the government, providing a clear framework to address these issues.

The introduction of in-absentia trials for fugitive criminals like Dawood Ibrahim represents a step towards ensuring justice, even when the accused is not physically present. Furthermore, the proposed amendments aim to revolutionize the criminal justice system with 313 changes to enhance its effectiveness and fairness.

The Bharatiya Nyaya Sanhita Bill, 2023, emphasizes the importance of expediting legal proceedings by imposing a maximum limit of 180 days to file a chargesheet. This move is expected to expedite the investigation process and reduce delays in trials. To ensure transparency, mandatory video recording of statements from survivors of sexual violence has been introduced.

In a bid to prevent undue influence and manipulation, the bills require police officers to inform complainants about the status of their cases within 90 days. Additionally, community service sentences are introduced for specific crimes, offering an alternative to traditional punitive measures.

The government will now hold the responsibility of deciding prosecution sanctions against police officers and civil servants within 120 days, preventing unnecessary delays. In a move to streamline evidence collection and enhance conviction rates, videography of search and seizure procedures will be made mandatory.

To bolster the accountability of law enforcement, a designated police officer will be responsible for certifying the custody of accused individuals, ensuring transparency and preventing illegal detentions. Notably, the bills also limit the scope of remission of sentences, particularly for individuals with political influence, reinforcing the principle of equality before the law.

In a remarkable shift towards modernization, India’s legal landscape is undergoing a transformative change, promising swifter and more equitable justice for all. The introduction of these bills reflects a commitment to address evolving challenges while upholding the core principles of justice and fairness. The proposed reforms are now set to undergo further scrutiny and review by the parliamentary standing committee on home affairs, heralding a new era in India’s legal system.

Source : The Hindu