• By Vivek Raj
  • Sat, 24 Feb 2024 08:36 PM (IST)
  • Source:JND

The Centre has notified three new criminal laws, slated to come into effect from July 1, which will replace the colonial-era Indian Penal Code (IPC), Criminal Code Procedure (CrPC), and the Indian Evidence Act.

Introduced in Parliament during the Monsoon session last August, the laws include Bharatiya Nyay Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Saksha Adhiniyam (BSA), succeeding the trio of IPC, CrPC, and Evidence Act, respectively.

Here are the key changes brought by the new laws:

Sections Reduction:  The Bharatiya Nyay Sanhita comprises 358 sections, a reduction from the IPC's 511 sections. Similarly, the BNSS encompasses 531 sections, replacing the CrPC's 484 sections. The Bharatiya Saksha Adhiniyam consists of 170 sections, compared to the Evidence Act's 166.

Sedition Removal:  Sedition has been eliminated; however, treason arising from armed revolution, and destructive, and separatist activities will be criminalised. Union Home Minister Amit Shah clarified that treason will only be considered if it is against the integrity, sovereignty, and unity of the nation, not merely against the government.

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“Any activity will be considered treason only if it is intended against the integrity, sovereignty and unity of the nation and not just because it is against the government. Anyone can say anything against the government, but if someone interferes with the country's flag, security, or property, they will go to jail,” Union Home Minister Amit Shah earlier said in Parliament.

Terrorism Definition:  Terrorism now includes any individual using dynamite, poisonous gas, etc., against the nation's well-being. Terrorist activity is defined as one that threatens the security of the government of India, any state, foreign government, or international government organisation.

Trial in Absentia:  If an accused remains outside India and fails to appear before the court within 90 days, the trial will proceed in their absence. A public prosecutor will represent the prosecution.

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Rape and Sexual Assault:  Provisions regarding sexual assault on females below 18 align with the POCSO Act to prevent exploitation of lenient provisions. Mandatory life imprisonment or death penalty for minors' rape and 20 years to life imprisonment for gang rapes have been prescribed. Additionally, the laws now encompass gender-neutral provisions, including the trafficking of minor boys as a crime.