Centre to overhaul British-era IPC, CrPC, Evidence Act

Source: The post is based on the article “Centre to overhaul British-era IPC, CrPC, Evidence Act”  published in The Hindu on 11th August 2023.

What is the News?

The Union Home Minister has introduced three Bills in the Lok Sabha to repeal the British-era Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure.

Background:

The Ministry of Home Affairs in 2020 had constituted a committee to review the three codes of criminal law. It was headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi.

The mandate of the committee was to ‘recommend reforms in the criminal laws of the country in a principled, effective and efficient manner.

What are the three bills introduced to repeal the IPC, CrPC, Evidence Act?

Bhartiya Nagrik Suraksha Sanhita Bill 2023 will replace Code of Criminal Procedure(CRPC), 1898

Bhartiya Nyay Sanhita Bill 2023 will replace the Indian Penal Code(IPC),1860

Bhartiya Sakshya Bill 2023 will  replace the Evidence Act 1872

These bills have been brought to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people.

What are the key provisions of these bills?

– Separate provision for Mob Lynching, punishable with 7 years or life imprisonment or death penalty;

– Formal provision for ‘Zero FIR’- this will enable citizens to lodge a FIR with any police station, no matter their jurisdiction;

– ‘Deemed Sanction’ to prosecute civil servants, police officer accused of criminal offences in case of authority’s failure to respond within 120 days days of application;

– Digitization of complete process starting from registration of FIR to maintenance of Case Diary to filing of Charge sheet and delivery of Judgment;

– -Separate provisions penalizing rape of woman under false pretext of marriage, job, etc.

– Complete trial, including Cross-examination, appeal, to be facilitated via Video conferencing;

– Videography while recording statement of victims of sexual crimes mandatory;

– Punishment for all types of Gang Rape- 20 yrs or life imprisonment;

– Charge sheet to be mandatorily filed within 90 days of FIR.Court may extend such time by further 90 days, taking the total maximum period for winding up investigation to 180 days;

– Courts to finish framing of charges within 60 days of receiving charge sheet;

– Judgment to be mandatorily delivered within 30 days after conclusion of hearing.

What will happen now to these bills?

The bills have now been referred to a Parliamentary Standing Committee. The committee will  discuss the bills, clause by clause.

After it has sufficiently deliberated on the Bills, the Committee will deliver a comprehensive report to the government and provide recommendations. These recommendations are not binding on the government.

After the committee sends in its recommendation, the government will decide whether to incorporate them, and which specific recommendations to incorporate.

If there are not many recommendations to be incorporated, the government simply introduces changes to original bills through amendments. After the bills, in their final form, are back in the Lok Sabha, they will be up for debate and passed in both the houses.