Important changes in the new criminal law bills.
The
Bharatiya Nyaya (Second) Sanhita (BNS) bill was introduced in Lok Sabha on December
12, 2023. It was passed in Lok Sabha on December 20, 2023 and in Rajya
Sabha on December 21, 2023.
The
Bharatiya Nyaya Sanhita, 2023 will replace the Indian Penal Code
(IPC). The Bharatiya Nagarik Suraksha Sanhita will replace the Criminal
Procedure Code (CrPC). The Bharatiya Sakshya bill will replace the Indian
Evidence Act, 1872.
key provisions of these new bills include:
1. Separate Provision for Mob Lynching Punishable with 7 years of imprisonment, life imprisonment, or even the death penalty.
2. Ex-parte Trial for Fugitives: Conviction of fugitives can happen even in their absence.
3. Formal 'Zero FIR' Provision: Anyone can lodge a First Information Report (FIR) with any police station, regardless of jurisdiction.
4. Deemed Sanction: If authorities fail to respond within 120 days of applying for prosecution of civil servants or police officers, it's considered sanctioned.
5. Digital Transformation: The entire process, from FIR registration to case diary maintenance, filing of charge sheet, and judgment delivery, will be digitized.
6. Video-Conferencing for Complete Trial: This includes cross-examination and appeals, making use of video conferencing technology.
7. Videography during Recording of Statements: Mandatory for victims of sexual crimes.
8. Harsher Punishment for Gang Rape: 20 years to life imprisonment.
9. Death Penalty for Rape of Minors: Inclusion of the death penalty as a possible punishment for this heinous crime.
10. Time Limits for Various Stages: Such as filing a charge sheet within 90 days, framing charges within 60 days, delivering judgments within 30 days, and making judgments available online within 7 days.
11. Mandatory Videography for Search & Seizure: To ensure transparency and proper handling of evidence.
12. Mobile FSLs at District Level: Deployment of Mobile Forensic Science Laboratories at the district level.
13. Enhanced Punishment for Offenses against Children: Punishment increased from 7 years imprisonment to 10 years.
14. Commutable Penalties: The maximum penalty can be commuted to life term, life term to 7 years imprisonment, and 7 years to a minimum of 3 years to prevent misuse.
15. Mandatory Videography of Seized Vehicles: A certified copy will be submitted to the court for the disposal of seized vehicles during the trial.
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