Bharatiya Nyaya Sanhita 2023
Home Minister Amit Shah speaks in the Lok Sabha on August 11, 2023. Photo: Sansad TV via PTI
The Bharatiya Nyaya Sanhita Bill, 2023 will replace the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 will replace the Code of Criminal Procedure Code and The Bharatiya Sakshya Bill, 2023 will replace the Indian Evidence Act, that have been introduced by Union Home Minister Amit Shah in Lok Sabha.
In a pathbreaking development, the Central government plans to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872, completely overhauling the nation’s criminal laws.
The IPC, which the British drafted in 1860, has served as the cornerstone of the nation’s criminal justice system for more than 160 years.
Our country’s criminal justice system has been run under British-made rules for more than 160 years. The criminal justice system in our nation is about to undergo a significant upheaval with the coming replacement of these three statutes.
IPC, CrPC, Evidence Act set to be replaced as Centre floats three new bills
Click the link for
The Bharatiya Nyaya Sanhita Bill, 2023 Pdf
The Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Sakshya Bill, 2023
The Narendra Modi government introduced three bills on Friday to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Evidence Act. These changes would allow for the use of forensic sciences in investigations, community service as a form of punishment, electronic summons service, and the admissibility of digital and electronic records as evidence.
“Under this Bill, we have set the goal that the conviction ratio has to be taken above 90%. That is why, we have brought an important provision that the Sections which provide for 7 years or a greater jail term, under all those cases forensic team’s visit to the crime scene will be made compulsory. “HM Shah in Lok Sabha
Old IPC – 511 sections
New IPC – 356 sections
Old CrPC – 484 sections
New CrPC – 533 sections
Old Evidence Act – 167 sections
New Evidence Act – 170 sections
Important elements of the bills, as stated by the home minister:
- A separate provision for mob lynching, which carries a seven-year minimum sentence and a life sentence or death penalty;
- A formal “Zero FIR” provision that will permit citizens to file a FIR with any police station, regardless of jurisdiction;
- Within 15 days of registration, a Zero FIR must be delivered to the competent Police Station that has authority over the alleged offence;
- “Deemed Sanction” to prosecute government employees and police officers charged with crimes if the relevant authority does not reply within 120 days of the application;
- Digitalization of the entire process, beginning with FIR registration and continuing through case diary management, charge sheet filing, and judgement delivery;
- Facilitation of the entire trial, including the Cross-examination, by video conference;
- Videography is required when victims of sexual offences are recording their statements;
- 20 years in prison or life in prison for all forms of gang rape;
- Death penalty as punishment for raping a minor;
- Charge sheet must be filed within 90 days of the FIR; however, the court may extend this deadline by an additional 90 days, bringing the entire investigation closure time to 180 days;
- Courts must complete the charging process within 60 days after receiving the charge sheet;
- Mandatory delivery of judgement within 30 days of hearing’s conclusion
- the victim’s right to a hearing;
- expanded to include offences punishable by up to three years, which will lower the number of cases in Sessions courts by 40%;
- Harsh penalties for organised crime in a separate system;
- Separate laws that punish raping a woman under false pretences such as marriage, employment, etc.;
- A separate clause for “chain snatching” and other criminal activity;
The Bharatiya Nyaya Sanhita Bill, which will take the role of the IPC, aims to simplify the laws governing offences and punishments. It initially suggests community service as one of the penalties for minor infractions. The State-related offences have taken precedence. The Statement of Objects and Reasons of the Bill stated that the various offences have been rendered gender neutral.
it said “In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added in the Bill with deterrent punishments. A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added. The fines and punishment for various offences have also been suitably enhanced,”
According to the Bill “Specific time-lines have been prescribed for time bound investigation, trial and pronouncement of judgements. Citizen centric approach has been adopted for the supply of a copy of first information report to the victim and to inform them the progress of investigation, including by digital means,”
it said “In cases where the punishment is seven years or more, the victim shall be given an opportunity of being heard before withdrawal of the case by the Government. Summary trial has been made mandatory for petty and less serious cases. The accused persons may be examined through electronic means, like video conferencing,”
According to the Bharatiya Sakshya Bill, an electronic or digital record may be used as evidence and will have the same legal significance, legal legitimacy, and legal enforceability as a paper record.