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A lot is going to change from today i.e. July 1. Especially in the criminal justice system. From today, the IPC of 1860 will be replaced by the Indian Judicial Code, the CrPC of 1898 will be replaced by the Indian Civil Protection Code and the Indian Evidence Act of 1872 will be replaced by the Indian Evidence Act. Many rules and regulations will change after the implementation of these three new laws. Many new sections have been added, some sections have been changed and some have been removed. After the implementation of the new law, there will be a lot of changes in the functioning of the common man, police, lawyers and courts.
Important changes included in the Indian Civil Defence Code
While the CrPC had a total of 484 sections, the Indian Civil Security Code (BNSS) had 531 sections. In this, importance has been given to evidence collected through audio-video i.e. electronic means. Also, the new law has a provision to release prisoners who have served the maximum sentence in jail for any crime on personal bond. Any citizen can register a zero FIR anywhere in relation to the crime. Within 15 days of registering the FIR, it has to be sent to the original jurisdiction i.e. where the case is. To start a case against a police officer or government official, permission has to be taken from the concerned authority within 120 days. If not received, it will be considered approval.
Charge sheet will have to be filed within 90 days of FIR
The chargesheet has to be filed within 90 days of the FIR. The court has to frame charges within 60 days of filing the chargesheet. Along with this, the verdict has to be pronounced within 30 days of the completion of the hearing of the case. After the verdict is pronounced, a copy of it has to be made available within 7 days. The police has to inform the family of the person taken into custody in writing. The information has to be given offline as well as online. In a case with a sentence of 7 years or more, if there is a woman constable in the police station, then the police will have to take legal action by recording the statement of the victim.
In which cases will you not be able to appeal?
Section 417 of the Indian Civil Defence Code states in which cases an appeal cannot be made in the High Court against conviction. If the High Court sentences an accused to imprisonment for a period of 3 months or less or a fine of up to Rs 3,000 or both, then it cannot be challenged in the High 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.
Also, if an accused is sentenced by the Sessions Court to imprisonment of three months or less or a fine of Rs 200 or both, it cannot be challenged either. Also, if a fine of Rs 100 is imposed by the Magistrate Court for an offence, no appeal can be made against it. However, if the same sentence is given along with any other punishment, it can be challenged.
What changed for the 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 jail. Section 479 of the Act provides that if an undertrial prisoner has served more than one-third of his sentence in jail, he can be released on bail. However, this relief will be available only to first-time offenders. Bail will not be granted to prisoners who have committed crimes punishable with life imprisonment. Apart from this, changes have also been made regarding pardon.
If a prisoner has been sentenced to death, it can be converted to life imprisonment. Similarly, a convict sentenced to life imprisonment can be converted to 7 years imprisonment. Also, the convicts who have been sentenced to 7 years or more, their sentence can be converted to 3 years imprisonment. At the same time, prisoners serving a sentence of 7 years or less can be punished with a fine.
What are the important changes in the Indian Evidence Act?
There are a total of 170 sections in the Indian Evidence Act (BSA) against the accused. Till now there were a total of 167 sections in the Indian Evidence Act. Six sections have been abolished 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 be valid in the court like paper records. This also includes records like emails, server logs, smartphones and voice mails.
Crimes against women and children
Crimes against women and children are covered under Sections 63-99. Coercion is now defined under Article 63. Section 64 deals with the punishment for forced sex. Section 70 deals with gang rape. The offence of sexual assault is defined under Section 74. The maximum punishment for rape or gang rape of a minor is death. Article 77 defines stalking, Article 79 defines dowry death and Article 84 defines dowry harassment. The offence of having sexual relations by luring or promising marriage has been made a separate offence from coercion, i.e., it is not included in the definition of coercion.
Stringent punishment in cases of rape of minors
In BNS, strict punishment has been given to the criminals who rape minors. If found guilty of raping a girl under 16 years of age, a minimum punishment of 20 years has been provided. This punishment can be extended up to life imprisonment. If the accused is sentenced to life imprisonment, then the accused will have to 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 under 12 years of age, then he can be punished from 20 years to life imprisonment. In this too, the punishment of life imprisonment will remain as long as the accused is alive. There is also a provision of death penalty if found guilty in such cases. Apart from this, provision of fine has also been made.
The biggest thing is that the government has declared mob lynching as a crime like murder. Crimes against the body have been defined under Sections 100-146. Punishment for murder is mentioned in Article 103. Section 111 provides for punishment in organized crime. Section 113 has been described as the Terrorism Act. Mob lynching can also be punished with 7 years imprisonment or life imprisonment or death sentence.
What is marital coercion?
If physical relations are forcefully made with a wife above the age of 18, it will not be considered as zab-zina. Having sex by promising marriage has been excluded from the category of force. It has been made a separate offence in Section 69. It states that if a person enters into a relationship with the promise of marriage and does not intend to fulfil the promise, or enters into a relationship with the promise of a job or promotion, the maximum punishment if found guilty is 10 years. This was in the IPC for rape.
no sedition charges
There is no separate section related to treason in the Indian Penal 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 Articles 147-158. Article 147 states that a person found guilty of waging war against the country will be punished with death or life imprisonment. Article 148 provides for life imprisonment for those hatching such a conspiracy and Article 149 provides for life imprisonment for those collecting weapons or preparing for war.
Article 152 states that if a person intentionally does any act by writing or speaking or by sign or by any electronic means which is likely to incite sedition, threaten the unity of the country or separatism and promote discrimination, then the punishment in such a case is life imprisonment or 7 years imprisonment.
What changed for the 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 jail. Section 479 of the Act provides that if an undertrial prisoner has served more than one-third of his sentence in jail, he can be released on bail. However, this relief will be available only to first-time offenders. Bail will not be granted to prisoners who have committed crimes punishable with life imprisonment. Apart from this, changes have also been made regarding pardon.
If a prisoner has been sentenced to death, it can be converted to life imprisonment. Similarly, a convict sentenced to life imprisonment can be converted to 7 years imprisonment. Also, the convicts who have been sentenced to 7 years or more, their sentence can be converted to 3 years imprisonment. While convicts sentenced to 7 years or less can be fined.
What were the important 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. Six sections have been abolished 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 be valid in the court like paper records. This also includes records like emails, server logs, smartphones and voice mails.
mental health
Causing harm to mental health is considered cruelty. This is prescribed in Article 85. It states that if an action is taken to incite a woman to commit suicide, then it would be cruelty. If the woman is injured or her life is in danger or her health or physical health is in danger, then the accused is punished with 3 years of imprisonment.
to organized crime
It is kept in section 111. It states that if a person runs an organised crime syndicate, commits contract killing, extortion or economic crime, then the accused can be hanged or imprisoned for life. Electoral offences section: Electoral offences come under section 169-177. Cases of damage to property, theft, robbery, dacoity etc. are kept under section 303-334. Defamation is mentioned in article 356.
Section 377
There is no provision for Section 377 i.e. unnatural sexual relations in the new bill. However, the Supreme Court kept physical relations between adults out of the scope of crime. Unnatural sexual relations with a woman come under the scope of rape. But there is no provision in the bill against unnatural sexual relations with animals and consent of an adult man.
What is terrorism in the new laws?
Till now there was no definition of terrorism, but now it has a definition. This has now decided which crime will come under the purview of terrorism. According to Section 113 of the Indian Judiciary 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, will be considered a terrorist act.
What added to the terrorist act?
The term 'economic security' has also been added to the definition of terrorism. Under this, smuggling or circulation of fake notes or coins will also be considered a terrorist act. Apart from this, using force against any government official will also come under the purview of terrorist action. According to the new law, apart from bombing, any attack carried out by biological, radioactive, nuclear or any other dangerous means which causes death or injury will also be considered an act of terrorism.
Acquiring property through terrorist activities
Will come under the purview of terrorism. If a person knows that a property has been acquired through terrorist activities, yet he keeps possession of it, then this will also be considered a terrorist act. Kidnapping or detaining a person with the aim of influencing the Government of India, the government of a state or the government of a foreign country will also come under the purview of the terrorist act.
Rules changed on mercy petition too
A mercy petition is the last option to reduce or pardon a death row convict. When all legal avenues are exhausted, the accused has the right to file a mercy petition before the President. Till now, there was no time limit for filing a mercy petition after exhausting all legal avenues. But now, under Section 472 (1) of the Indian Civil Defence Code, after exhausting all legal avenues, the accused will have to file a mercy appeal to the President within 30 days. Whatever decision the President takes on the mercy appeal, the Central Government will have to inform the State Government's Home Department and Jail Superintendent within 48 hours.
For which crime will the punishment of social service be given?
Section 202: No Government servant shall engage in any business. If he is found guilty of doing so, he may be imprisoned for 1 year or fined or both or will have to do community service.
Section 209: If an accused or person does not appear on the court summons, the court may punish him with imprisonment up to three years or fine or both or community service.
Section 226: If a person attempts to commit suicide with the intent to obstruct a public servant in the discharge of his duties, he shall be punished with imprisonment up to one year or fine or both or community service.
Section 303: If a person is found guilty of stealing property worth less than Rs 5,000 for the first time, he can be punished with community service after returning the property.
Section 355: If a person causes a disturbance in a public place while in an inebriated state, he can be punished with imprisonment of up to 24 hours or fine up to Rs 1,000 or both or community service.
Section 356: If a person hurts the reputation and honour of another person by speaking, writing, gesturing or in any other way, then in some cases of defamation the offender can be punished with imprisonment up to 2 years or fine or both or community service.
