Significant changes include new definitions and harsher penalties
Mohammad Alamullah | Clarion India
NEW DELHI — Three new criminal laws are set to be implemented from July 1. The Indian Civil Security Code will replace the Indian Penal Code (IPC), the Indian Civil Defence Code will replace the Criminal Procedure Code (CrPC), and the Indian Evidence Code will replace the Indian Evidence Act. These changes introduce 20 new crimes, increase punishments for 33 crimes, and raise fines for 83 offences. Additionally, terrorism is now defined under the new law.
Key Changes:
Handcuffing Rules Altered
Section 43 (3) of the Indian Civil Defence Code or Bharatiya Nyaya Sanhita (BNS), replacing the CrPC 1973, now permits handcuffing prisoners during arrest or court appearances if they are habitual offenders, have previously escaped custody, or are involved in serious crimes like terrorism, drug-related offences, murder, rape, acid attacks, human trafficking, or child sexual exploitation. Previously, handcuffing required a magistrate’s permission, following the Supreme Court’s 1980 ruling in Prem Shankar Shukla vs Delhi Government which declared handcuffing unconstitutional under Article 21.
Fugitive Criminals
Under the old law, a trial could only start if the accused was present in court. The new law allows for the prosecution of absconding criminals, with trials commencing even if the accused does not appear within 90 days of charges being framed.
Mercy Petition Timeline
The new Section 472(1) of the Indian Civil Security Code or Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates that convicts sentenced to death must file a mercy petition to the President within 30 days after exhausting all legal options. The Central Government must then inform the State Government’s Home Department and the Jail Superintendent within 48 hours of the President’s decision.
Definition of Terrorism
For the first time, terrorism is defined under the Indian Civil Security Code (BNSS). Acts intended to endanger national unity, integrity, and security, intimidate the public, or disturb public order, whether committed in India or abroad, are now explicitly categorised as terrorist activities.
Timely Trial and Sentencing
The new law requires that investigation progress reports be submitted within 90 days, with police filing charges within the same period. The court can extend the time by an additional 90 days if necessary, but the investigation must be completed and the trial commenced within 180 days. Charges must be framed within 60 days, and verdicts delivered within 30 days of trial completion. Sentencing must be announced within seven days of the verdict.
Harsher Penalties for Gang Rape
The new law prescribes 20 years to life imprisonment for gang rape, with the death penalty as an option if the victim is a minor. Severe punishments are also outlined for crimes involving serious injury or permanent disability during snatching, and for involving children in criminal activities. A hit-and-run resulting in death, where the culprit does not report to the police or magistrate, can result in up to 10 years of imprisonment in addition to fines.
Opinions Vary
Ever since the announcement of these laws in December, there has been significant opposition. Advocate Rajesh Singhvi, former General Secretary of the Delhi Bar Association, commented: “There was no need for these laws. Changes keep happening from time to time. When there is a greater need during the session, changes are made. But the current government just wants to put its stamp on the things important for the country. Most of the things have not changed from inside. It is the same as before. It just wants to keep its name running outside. They have done all this on this basis.”
Advocate Arun Vyas, a seasoned lawyer in Udaipur, warned about the long-term impact: “All cases till June 30 will be run under the old law. Registration is not necessary. This old law and new law will have to be borne for the next 20 to 25 years. Its effect is devastating. All the college libraries have become useless. For new things, there will be such a flood of cases in the Supreme Court and high courts, which never happened before.”
Diksha, a lawyer from Delhi, raised concerns about the law’s representation: “The revised name of the new criminal bills causes misrepresentation. Because its title does not clarify what the law is about. Reforming criminal laws requires more than just changing the title. It involves revising the framework and policies to improve the justice system as a whole. Because it is a comprehensive process that involves a variety of changes including redefining/introducing criminal offences, amending certain provisions, and improving the fairness of trials. So that it can be ensured that the overall criminal system is efficient and in line with social norms.”
Legal Challenges
A Public Interest Litigation (PIL) has been filed in the Supreme Court just before the implementation of the new laws. The petitioner has urged the apex court to form an expert committee to assess and identify the feasibility of the new criminal laws. The committee aims to evaluate the proposed amendments with the goal of reforming the criminal justice system and addressing inconsistencies in the bills.
The new laws signify a substantial shift in the country’s legal landscape, aiming to streamline processes and introduce stricter penalties for serious crimes. However, their implementation and impact will be closely watched and debated in the coming months.
