While CRPC had a total of 484 sections, the Indian Civil Security Code (BNSS) has 531 sections. In this, audio-video i.e. evidence collected electronically has been given prominence. At the same time, the new law has a provision to release prisoners who have served the maximum sentence in jail for any crime on private bond.
A lot is going to change from today, i.e. 1st July. Especially in the criminal justice system. From today, the Indian Justice Code will replace the IPC made in 1860, the Indian Civil Defense Code will replace the CRPC made in 1898 and the Indian Evidence Act will replace the Indian Evidence Act of 1872. After the implementation of these three new laws, many rules and regulations will change. Many new sections have been included in them, some sections have been changed, some have been removed. When the new law is implemented, there will be a lot of change in the functioning of the common man, police, lawyers and courts.
Important changes included in the Indian Civil Defense Code
While there were a total of 484 sections in the CRPC, the Indian Civil Defense Code (BNSS) has 531 sections. In this, audio-video i.e. evidence collected electronically has been given prominence. At the same time, the new law has a provision to release prisoners who have served the maximum sentence in jail for any crime on private bond. Any citizen can register a zero FIR anywhere in connection with a crime. Within 15 days of filing the FIR, it will have to be sent to the original jurisdiction i.e. where the case is. Permission will be received from the concerned authority within 120 days to prosecute a police officer or a government official. If not received, it will be considered a sanction.
Chargesheet will have to be filed within 90 days of FIR
Chargesheet will have to be filed within 90 days of FIR. The court will have to decide the charges within 60 days of filing the chargesheet. Along with this, the judgment will have to be given within 30 days of the completion of the hearing of the case. After giving the judgment, its copy will have to be provided within 7 days. The police will have to inform the family of the person taken into custody in writing. Information will have to be given offline and online as well. In cases with a sentence of 7 years or more, the victim will not be sent back without being heard. If there is a female constable in the police station, then the police will have to start legal action by recording the statement of the victim in front of her.
In which cases appeal cannot be made?
Section 417 of the Indian Civil Defence Code states in which cases appeal cannot be made against the conviction in the higher court. If the High Court sentences a convict to 3 months or less in jail or a fine of up to Rs 3,000 or both, then it cannot be challenged in the higher court. There was Section 376 in the IPC, under which a sentence of less than 6 months could not be challenged. That is, some relief has been given in the new law.
Apart from this, if a convict is sentenced to three months or less in jail or a fine of Rs 200 or both by the Sessions Court, then this also cannot be challenged. On the other hand, if a Magistrate Court sentences a convict to a fine of Rs 100 for any crime, then an appeal cannot be made against that either. However, if the same punishment is given along with any other punishment, then it can be challenged.
What has changed for prisoners?
A major change has been made in the Indian Civil Defence Code with the aim of reducing the burden of increasing number of prisoners in jails. Section 479 of the law provides that if an under trial prisoner has served more than one-third of his sentence in jail, he can be released on bail. However, this relief will be given only to prisoners who commit crimes for the first time. Bail will not be given to prisoners who have committed crimes punishable with life imprisonment. Apart from this, changes have also been made regarding remission of sentence.
If a prisoner has been sentenced to death, it can be converted into life imprisonment. Similarly, a convict sentenced to life imprisonment can be converted into 7 years imprisonment. Also, convicts who have been sentenced to 7 years or more in prison, their sentence can be converted into 3 years imprisonment. Whereas, convicts sentenced to 7 years or less can be sentenced to a fine.
What are the necessary changes in the Indian Evidence Act?
There are a total of 170 sections in the Indian Evidence Act (BSA). Till now there were a total of 167 sections in the Indian Evidence Act. 6 sections have been repealed in the new law. 2 new sections and 6 sub-sections have been added to it. There is also a provision for the protection of witnesses. All electronic evidence will also be valid in the court like paper records. This also includes records like email, server logs, smartphone and voice mail.
Crimes against women and children
Sections 63-99 have been included in crimes against women and children. Now rape has been defined by Section 63. The punishment for rape has been mentioned in Section 64. Along with this, there is Section 70 for gang rape. The crime of sexual harassment has been defined in Section 74. The maximum punishment for rape of a minor or gang rape has been provided as death penalty. Stalking has been defined in Section 77, while dowry murder has been mentioned in Section 79 and dowry harassment in Section 84. The crime of having a relationship by promising or pretending to marry has been made a separate crime from rape, that is, it has not been included in the definition of rape.
Strictness in punishment in case of rape of minors
Strict punishment has been made in BNS for rape of minors. If found guilty of raping a girl below 16 years of age, a minimum punishment of 20 years has been provided. This punishment can be extended up to life imprisonment. If sentenced to life imprisonment, the convict will spend his entire life in jail. There is a provision in section 65 of BNS that if a person is found guilty of raping a girl below 12 years of age, then he can be punished from 20 years of imprisonment to life imprisonment. In this too, the punishment of life imprisonment will remain as long as the convict is alive. In such cases, there is also a provision of death penalty if found guilty. Apart from this, provision of fine has also been made.
Murder has been defined in this way
The biggest thing is that the government has also kept mob lynching in the scope of crime. Crimes causing injury to the body have been defined in sections 100-146. Punishment for murder is mentioned in section 103. Section 111 provides punishment for organised crime. Section 113 is mentioned as terror act. In case of mob lynching also, there is provision of 7 years imprisonment or life imprisonment or death sentence.
What is there for marital rape?
If a forced relationship is made with a wife above the age of 18, then it will not be considered rape. Having a relationship by promising marriage has been excluded from the category of rape. It has been made a separate crime in Section 69. It says that if someone makes a relationship by promising marriage and he does not intend to fulfill the promise or makes a relationship by promising a job or a promotion, then if found guilty, the maximum punishment can be 10 years of imprisonment. In the IPC, this was under the purview of rape.
No section of treason
There is no separate section related to treason in the Indian Judicial Code. IPC 124A is the law of treason. In the new law, cases like challenging the sovereignty of the country and attacking its integrity have been defined in Sections 147-158. Section 147 says that if found guilty of waging war against the country, the punishment will be death or life imprisonment. Section 148 provides for life imprisonment for those involved in such conspiracy and Section 149 is imposed against those collecting arms or preparing for war.
Section 152 states that if someone intentionally does such an act by writing or speaking or by signs or by demonstrating through electronic means, which may incite rebellion, endanger the unity of the country or promote separatism and discrimination, then if found guilty in such a case, the punishment is life imprisonment or 7 years.
Mental Health: Harming mental health is considered cruelty. It is kept in section 85. It says that if any action is taken to provoke a woman to commit suicide, then it will come under the category of cruelty. If the woman is hurt or her life is in danger, or if her health or physical health is in danger, then there is a provision for the culprit to get a punishment of 3 years.
Organized Crime: It is kept in section 111. It says that if a person runs an organized crime syndicate, does contract killing, extorts or commits economic crime, then the culprit can be hanged or given life imprisonment.
Sections of electoral offences: Electoral offences have been kept in sections 169-177. Cases of damage to property, theft, robbery, dacoity etc. have been kept in sections 303-334. Defamation is mentioned in section 356.
Section 377: No provisions have been clarified in the new bill regarding Section 377 i.e. unnatural sex. However, the Supreme Court had excluded sexual relations between adults from the scope of crime. Unnatural sex with a woman is within the scope of rape. But there is no provision in the bill on unnatural sex against the will of an adult man and with animals.
What is terrorism in the new laws?
Till now there was no definition of terrorism, but now it has a definition. Due to this, it has been decided which crime will come under the scope of terrorism. According to Section 113 of the Indian Justice Code, whoever does any act in India or any other country with the intention of endangering the unity, integrity, and security of India, intimidating the general public or a section of it or disturbing public order, then it will be considered a terrorist act.
What has been added to the terrorist act?
The word ‘economic security’ has also been added to the definition of terrorism. Under this, now smuggling or circulation of fake notes or coins will also be considered a terrorist act. Apart from this, using force against a government officer will also come under the purview of a terrorist act. According to the new law, apart from bomb explosion, if an attack is made using biological, radioactive, nuclear or any other dangerous means in which someone is killed or injured, then it will also be counted as a terrorist act.
Terrorism also includes earning property through terrorist activity
Apart from this, destroying or damaging any property of the Government of India or the State Government located inside the country or abroad will also come under the purview of terrorism. If a person knows that any property has been earned through terrorist activity, despite that he keeps possession of it, then it will also be considered a terrorist act. Kidnapping or detaining a person with the intention of influencing the Government of India, State Government or the Government of any foreign country will also come under the purview of a terrorist act.
Mercy petition rules also changed
Mercy petition is the last way for a death row convict to get his sentence reduced or pardoned. When all legal options are exhausted, the convict has the right to file a mercy petition before the President. Till now, there was no time limit for filing a mercy petition after all legal options are exhausted. But now, under Section 472 (1) of the Indian Civil Defence Code, after all legal options are exhausted, the convict will have to file a mercy petition before the President within 30 days. Whatever decision the President takes on the mercy petition, the Central Government will have to inform the State Government’s Home Department and the Jail Superintendent within 48 hours.
For which crimes will the punishment of community service be given?
Section 202: No government servant can engage in any kind of business. If he is found guilty of doing so, he can be sentenced to 1 year in prison or fine or both or community service.
Section 209: If an accused or person does not appear on the summons of the court, then the court can sentence him to a jail term of up to three years or fine or both or community service.
Section 226: If a person tries to commit suicide with the intention of obstructing the work of a government servant, then he can be sentenced to a jail term of up to one year or fine or both or community service.
Section 303: If someone is convicted for the first time for stealing property worth less than five thousand rupees, then he can be sentenced to community service on returning the property.
Section 355: If a person creates a ruckus in a public place in a drunken state, then for doing so, he can be sentenced to 24 hours of jail or a fine of up to one thousand rupees or both or community service.
Section 356: If a person hurts the reputation and honour of another person by speaking, writing, gesture or in any other way, then in some cases of defamation, the guilty can be punished with imprisonment up to 2 years or fine or both or community service.
