Kopar Khairane
Interenational

Key Points Of New Criminal Law Bills: Capital Punishment For Mob Lynching, Sedition ‘Repealed’

<p>To reform the nation’s criminal justice system, Union Minister of Home Affairs Amit Shah proposed three new proposals in the Lok Sabha. The Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 will be replaced by the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023, and Bharatiya Sakshya (BS) Bill, 2023, respectively.</p>
<p>“I can assure the House that these bills will transform our criminal justice system,” Amit Shah stated while proposing the legislation. The goal will be to provide justice, not to punish. To promote the idea that crime should be stopped, punishment will be administered.</p>
<p><img decoding=”async” class=”alignnone wp-image-123716″ src=”https://www.theindiaprint.com/wp-content/uploads/2023/08/theindiaprint.com-download-2023-08-11t162345.543-1.jpg” alt=”theindiaprint.com download 2023 08 11t162345.543 1″ width=”1498″ height=”831″ srcset=”https://www.theindiaprint.com/wp-content/uploads/2023/08/theindiaprint.com-download-2023-08-11t162345.543-1.jpg 301w, https://www.theindiaprint.com/wp-content/uploads/2023/08/theindiaprint.com-download-2023-08-11t162345.543-1-150×83.jpg 150w” sizes=”(max-width: 1498px) 100vw, 1498px” title=”Key Points Of New Criminal Law Bills: Capital Punishment For Mob Lynching, Sedition 'Repealed' 6″></p>
<p>Here are some of the Bills’ significant accomplishments:</p>
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<p>Bill 2023 by Bharatiya Nyaya Sanhita (BNS)</p>
<p>The Indian Penal Code (1860) is intended to be replaced by this bill. It aims to give murder, crimes against the State, offenses against women and children, and more priority.</p>
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<p>If a lady under the age of 12 is raped, a minor will face a minimum sentence of twenty years in jail, a fine, the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of the possibility of death. All forms of gang rape are punishable by a minimum of 20 years in jail or a life sentence.</p>
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<p>The crime of mob lynching has now become subject to the death penalty for the first time. “When a group of five or more persons acting in concert commits murder on the basis of race, caste or community, sex, place of birth, language, personal belief, or any other ground, each member of such group shall be punished with death or with imprisonment for life or with imprisonment for a term which shall not be less than seven years, and shall also be liable to fine,” the new proviso states</p>
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<p>Sedition-related modifications:</p>
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<p>Amit Shah, the Union Home Minister, said that the sedition statute “has been repealed.” Despite the absence of the term “sedition” from the draft legislation, Section 150 now refers to actions that jeopardize India’s sovereignty, unity, and integrity.</p>
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<p>“Whoever, intentionally or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication, or by use of financial means, or by any other means, incites secession, armed rebellion, or subversive activities, or encourages feelings of separatist activities, or engages in or commits any such act shall be punished with imprisonment for life or with imprison</p>
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<p>Furthermore, gender has been removed from the numerous offenses.</p>
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<p>The 2023 BNSS (Bharatiya Nagarik Suraksha Sanhita) Bill</p>
<p>The Bharatiya Nagarik Suraksha Sanhita, 2023, will take the place of the Criminal Procedure Code (CrPC), and it will reform and combine the relevant legislation. By defining precise deadlines for investigations’ completion and granting access to FIRs to those persons who are engaged, the Bill aims to improve the efficiency of the justice delivery system.</p>
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<p>Giving the victim and the accused a copy of the FIR The provision states that the Magistrate shall without delay, and in no case later than fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate), free of charge, a copy of the First Information Report in any case where the proceeding has been initiated on the basis of a police report.</p>
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<p>The measure also includes a statutory framework for submitting a zero first information report from any location in the nation. Any police station may accept and record a complaint with a zero FIR, then transmit it to the appropriate station. Within 15 days, the FIR must be sent to the police station in charge of the alleged offence.</p>
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<p>For trivial and less severe matters, summary trial is now required. The accused may be questioned via technology like video conferencing. Additionally, the magisterial system has been simplified.</p>
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<p>The 2023 Bharatiya Sakshya (BS) Bill</p>
<p>The Bharatiya Sakshya Bill, 2023 will take the place of the Indian Evidence Act of 1872. The Evidence Act of 1872 was repealed primarily because “the existing law does not address the technological advancements in the country in the last few decades.”</p>
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<p>According to the proposed law, an electronic or digital record may be used as evidence and will have the same legal significance, legal validity, and legal enforceability as paper documents.</p>
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<p>Additionally, it aims to broaden the definition of secondary evidence to include oral accounts of a document’s contents provided by someone who has actually seen it, copies made from the original using mechanical processes, copies made from or compared with the original, counterparts of documents as against the parties who did not execute them, and copies made from or compared with the original.</p>
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<p>The Lok Sabha Speaker Om Birla was persuaded by the home minister to send the three bills to the parliamentary standing committee on home affairs for review.</p>
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