Key Changes in IPC, CrPC, and the Evidence Act in 2023 | Legal Reforms Bhartiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita anf Bharatiya Sakshya Bill 2023

1. Introduction: The Indian legal system, with its roots in the colonial era, has long been governed by three pivotal acts: the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Evidence Act. These acts have been the bedrock of criminal jurisprudence in the country. However, in a landmark move, the Lok Sabha has taken steps to replace these acts, aiming to make them more relevant to contemporary challenges and societal needs.

2. The New Bills Introduced: In a bid to overhaul the existing legal framework, three new bills have been introduced:

• Bhartiya Nyaya Sanhita, 2023: A proposed replacement for the IPC.
• Bharatiya Nagarik Suraksha Sanhita, 2023: Envisioned to replace the CrPC.
• Bharatiya Sakshya Bill, 2023: Set to replace the Evidence Act.

3. Key Changes in Bhartiya Nyaya Sanhita (Replacing IPC):

The new bill proposes a comprehensive revamp of the IPC:

• Repeal and Introduction: 22 existing provisions have been repealed, with 8 new sections introduced.
• Sedition: In a significant move, the offence of Sedition has been completely repealed, reflecting a progressive stance.
• State Offences: Provisions for “Offences against the State” have been introduced, with Section 150 dealing with acts that endanger the sovereignty, unity, and integrity of India.
• Mob Lynching: Recognizing the rising instances of mob violence, provisions to penalize ‘Mob Lynching’ have been introduced, with punishments ranging from 7 years to life imprisonment or even the death penalty.

4. Key Changes in Bharatiya Nagarik Suraksha Sanhita (Replacing CrPC): The CrPC sees a modern overhaul with:

• Repeal and Introduction: 9 provisions have been repealed, making way for 9 new sections.
• Zero FIR: A significant introduction, the ‘Zero FIR’ system allows citizens to lodge FIRs irrespective of jurisdiction, ensuring swift action.
• Digitization: Embracing technology, the entire legal process, from FIR registration to judgment delivery, will be digitized.
• Victim-Centric Measures: Mandatory videography during the recording of statements for sexual crime victims ensures transparency and victim protection.

5. Key Changes in Bharatiya Sakshya Bill (Replacing Evidence Act): The new bill emphasizes the importance of evidence in the legal process:

• Repeal and Introduction: 5 provisions have been repealed, with a new provision introduced.
• Forensic Evidence: For crimes with punishments exceeding 7 years, forensic teams are mandated to visit crime scenes, ensuring a thorough collection of evidence.

6. Salient Features Highlighted by the Home Minister: Home Minister Amit Shah highlighted several features of the new bills, including:

• Diverse Provisions: Separate provisions for organized crimes, rape under false pretexts, and offences against children.
• Enhanced Punishments: The new bills introduce stringent punishments for various offences, with clear guidelines for the commutation of sentences.
• Technological Integration: The use of technology, including mandatory videography and online availability of judgments, is emphasized, ensuring transparency and efficiency.

7. Conclusion: The introduction of these bills marks a significant step in the evolution of the Indian legal system. With extensive consultations and a focus on modern challenges, these changes aim to make the legal process more efficient, transparent, and just.

8. References:

- Bhartiya Nyaya Sanhita, 2023

- Bharatiya Nagarik Suraksha Sanhita, 2023

- Bharatiya Sakshya Bill, 2023