The British-made Old IPC and the new CrPC-Evidence law will be modified: Mob lynching, the death penalty for minor rape, and the definition of treason were all introduced in the Lok Sabha.
The British legal system will be abolished. Union Home Minister Amit Shah tabled measures to update the Lok Sabha's three fundamental statutes, which have been in effect for 163 years, on August 11, the final day of the monsoon session. The sedition legislation, which will be introduced in a new form, will undergo the most significant revision.
The Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Evidence Act are the three measures in question.
Now, several sections and clauses will alter. There are 511 sections in the IPC, leaving 356. 175 parts will be updated. 22 streams will stop, and 8 new ones will be introduced. Likewise, CrPC will save 533 parts. 160 streams will be altered, 9 new streams added, and 9 streams discontinued.
From the time of questioning to the end of the trial, video conferences will be allowed, something they weren't before.
The trial court will now have to render every judgement within a maximum of three years, which is the biggest change. In the nation, there are 5 crore open cases. 4.44 crore of these cases are being heard in trial courts.
Similarly, 5,850 of the 25,042 available judgeships in district courts are unfilled.
The legislative committee will review all three of the legislation. It will thereafter be approved by the Lok Sabha and the Rajya Sabha.
Treason is now, not before: By eliminating
the word “treason” from the British era, the word “treason”
will emerge. restrictions and provisions. Any act against the nation, whether
spoken or written, or expressed through signs, pictures, or electronic means,
is now punishable by imprisonment for a term of seven years to life under
Section 150. It would be unlawful to put the country’s sovereignty and unity in
danger. terrorism is also defined. Currently, sedition is punishable by three
years to life in prison under Section 124A of the IPC.
-
- Community
discipline First-time minor infractions (drunken riot, theft under 5000
rupees): 24 hours in jail or 1000 rupees. A fine or community service may
be required as a penalty. They are currently imprisoned for such offenses.
Such a statute exists in the US and UK.
- Community
-
- Mob
lynching: death penalty provision. If five or more people commit murder on
the basis of caste, creed, or language, a minimum term of seven years or
the death penalty will be imposed. There is still no established law.
Section 302, lines 147–148, is the action section.
Charge sheet due 180 days from now, ruling 30 days following trial
The charge sheet must be submitted by the police within 90 days. It will
be subject to a 90-day extension by the court. However, the investigation
must be finished and filed to court within a maximum of 180 days. The
court will have 30 days following the trial to render its decision. Within
a week, the decision must be posted online. Summary trials will be
sufficient in circumstances where the sentence is less than three years.
Cases at the sessions court will decrease by 40% as a result. The
conviction rate should increase to 90%.
- Mob
-
- Strictly
speaking, only life sentences can be converted to life in prison, and only
life sentences can be reduced to seven years. This new government policy
aims to prohibit the political use of sentence waiver. As a result, those
with political clout will be unable to evade the law. Without consulting
the victim, the government will be unable to drop cases with sentences of
7 years or longer.
- Strictly
-
- Zero FIR:
Will be able to file an FIR from any location in the nation. It will also
get more streams. Sections have not yet been added to zero FIR. Within 15
days, a zero FIR must be delivered to the relevant police station. Every
district’s police officer will issue a certificate to the family of an
arrested individual stating that they are in charge of the arrested
person. The information must be provided both in person and online.
- Zero FIR:
-
- A new
section on getting married and developing relationships with women while concealing
their identities: Sexually abusing a woman by promising her a marriage, a
job, a promotion, or by concealing her identity will now be illegal.
- A new
- From FIR to
decision, everything online: The entire system would be digitized and
paperless, from granting digital records validity to FIR and court
rulings. Search and seizure operations will be captured on camera.
Forensic science will provide the foundation for inquiry and research. The
forensic team will unquestionably visit the scene of offenses that carry a
sentence of at least seven years. By 2027, every court will be electronic.
There have also been adjustments…
The penalty for buying a voter in an election is one year in prison. After
serving one-third of the complete sentence in jail, a first-time offender
will be given bail. Even if the declared offender does not flee, the trial
can still go forward. Dawood-type criminal trials will be a possibility.
To bring civil workers to justice, permission must be granted within 120
days.
Learn all you need to know from the pros.
1.
Justification
for why new laws were required
Despite the adoption of the Constitution, the criminal justice system was still
governed by rules from the British Empire that date back to two centuries. It
was regarded as slave labor in colonies. The Jan Vishwas Bill was passed by the
government to exempt numerous economic-related issues from the reach of
criminal law. In this case, it makes sense to introduce the law for this reform
in the nation’s 75th year of independence.
2.
Will
be released from the stress of legal proceedings
The number of court cases currently pending exceeds five billion. 3.33 crore of
the 4.44 crore cases that are still outstanding at the district and taluka
levels are criminal matters. The number of prosecutions could be decreased by
new criminal measures for less serious violations like community service. 3.
When and how do these laws take effect?
All three pieces of legislation have been forwarded to the Parliament’s
Standing Committee. Sedition-related laws have drawn criticism from the Supreme
Court. In the new laws, stricter rules have been imposed. Contradictions on
these matters may exist within the committee. The bill will be withdrawn after
the Lok Sabha’s current session if the committee’s report is not submitted
before then. On this, though, a consensus can be achieved if the government so
chooses.
3. The reason these adjustments were contested
The IPC and other legislation’ section numbers being changed would cause
confusion among attorneys and judges. Some are referring to the proposed law in
this circumstance as a new cover for an old file. To prevent unfair trials and
police excesses, there are no real and effective safeguards. A clear roadmap
for making swift decisions in situations is absent. The police, the court
system, and the infrastructure will all require more staff as a result of the
new law.
How effective are the state’s new laws?
The administration asserts that prior to presenting the measure, considerable
opinion research was conducted. Law and order and the police are considered
state matters in accordance with the Seventh Schedule of the Constitution.
Before changes to criminal laws are enacted, there must be a significant
national debate on the Uniform Civil Code through the Law Commission and consultation
with the states.
Government planning: these modifications have taken place following 4 years of
discussion
The public has also offered suggestions for these laws, according to the
government, which also cited 18 states, 6 union territories, the Supreme Court,
22 High Courts, judicial institutions, 142 MPs, and 270 MLAs. The
administration has tabled the measure following 158 meetings and four years of
discussion. The first meeting for these modifications took place in September
2019 in room G-74 of Parliament House’s Library. During Corona, there was
little development made in this area.