President Murmu Approves New Criminal Bills, Replacing IPC, CrPC And Evidence Act

New Delhi: In a historic move, President Droupadi Murmu on Monday gave her assent to the three new criminal justice bills that were passed by Parliament last week during the winter session. The bills will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act, which were enacted during the British colonial rule. The three bills are the Bharatiya Nyaya (Second) Sanhita, 2023; the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and the Bharatiya Sakshya (Second) Bill, 2023. They aim to make the criminal justice system more modern, efficient, humane and responsive to the needs and aspirations of the citizens.

The Bharatiya Nyaya Sanhita will have 358 sections, as opposed to 511 sections in the IPC. It will introduce 20 new crimes, increase the imprisonment sentence for 33 crimes, raise the amount of fine for 83 crimes, and introduce mandatory minimum punishment for 23 crimes. It will also provide for community service as a penalty for six crimes and repeal or remove 19 sections.

The Bharatiya Nagarik Suraksha Sanhita will have 484 sections, as compared to 484 sections in the CrPC. It will streamline the procedures for investigation, trial, bail, appeal and revision. It will also ensure the protection of the rights of the accused, the victims and the witnesses. It will also empower the police and the courts to deal with emerging challenges such as cybercrime, terrorism and organised crime.

The Bharatiya Sakshya Bill will have 167 sections, as against 167 sections in the Evidence Act. It will update the rules of evidence to make them more scientific, rational and reliable. It will also incorporate the latest developments in forensic science, digital technology and DNA testing. It will also enhance the admissibility and credibility of electronic evidence, confessions, dying declarations and expert opinions.

The three bills were passed by voice vote in both the houses of Parliament, with the support of several regional parties such as YSRCP, BJD, TDP, AIADMK, TMC (M), and UPP (L). However, most of the opposition parties, including the Congress, the DMK, the RJD, the SP, the BSP and the Left, boycotted the debate and the voting, alleging that the bills were draconian, unconstitutional and anti-people.

The Home Minister Amit Shah had hailed the passage of the bills as the “beginning of a new era” and said that they were aimed at making time-bound justice delivery to Indians by protecting their human rights. He had also said that the bills were drafted after extensive consultations with various stakeholders, including legal experts, civil society groups, state governments and political parties.

The new criminal justice bills will come into force from April 1, 2024, after the necessary rules and regulations are framed and notified by the central and state governments. The government has also assured that the existing cases will not be affected by the change of laws and will continue to be governed by the old laws.