The Lok Sabha on Wednesday passed three bills to replace the colonial-era criminal laws by voice vote.
The Lok Sabha on Wednesday passed three bills to replace the colonial-era criminal laws by voice vote. The three redrafted bills — the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill — were introduced in the Lok Sabha by Union Home Minister Amit Shah last week.
These bills will replace the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898, and the Indian Evidence Act of 1872, respectively.
Replying to a debate on the bills in the Lok Sabha on Wednesday, Shah said the proposed laws were framed after comprehensive consultations and that he had gone through every comma and full stop of the draft legislations before bringing them before the House for approval.
Here are some key points:
- New sections added: In CrPC, there were 484 sections, now there will be 531 sections in it. Some changes have been implemented incorporating 177 sections and 9 new sections. 39 new sub-sections have been added and 44 new provisions have been added.
- Revised sections: Earlier, rape was section 376 and now it will be in sections 66 and 69. While murder was section 302 in IPC, and now, in Bharatiya Nyaya Sanhita in section 101.
- Rape cases: "We have said investigations should be done based on forensic science... specially in rape cases etc, such investigations must be carried out using forensic science and the latest technology," said Amit Shah.
- Right to victim to speak: BNS gives a right to the victims to speak during the trial, Zero FIR, a court cannot allow withdrawal/closure of the case without hearing the victim. A compulsory copy of the investigation report to the victim and accused. Police accountability will be fixed.
- Section 124 has been removed. Previously, anyone causing disaffection towards the government could be prosecuted under this law.
- Accidental death and death due to negligence have been redefined. In the case of an accidental car collision where the driver takes the victim to the hospital, a lighter punishment will be imposed. Conversely, a hit-and-run case will incur a higher penalty.
- An undertrial who has served 1/3 of the imprisonment period is eligible for bail.
- Digitisation and video recording of the entire evidence collection procedure would be implemented to prevent false accusations. Online video recording of victim statements in rape cases is made compulsory so that statements cannot be changed.
(With inputs from PTI)
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