Curtains on IPC, CrPC as new criminal laws kick in

The Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act, the British-era laws that formed the basis of the criminal justice system of the country for over 150 years, will cease to exist from Monday, when the three new criminal laws brought by the National Democratic Alliance (NDA) led by Prime Minister Narendra Modi come into force.

Police and central agencies will start registering cases under the Bharatiya Nyaya Sanhita (BNS), which replaces the IPC, from Monday and follow procedures related to arrests, filing of charge sheets, collecting of evidence, recording of statements, etc according to the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA). The BNSS and BSA replace the CrPC and the Indian Evidence Act, respectively.

The government has claimed the new laws bring in a modern justice system, incorporating provisions such as those of Zero FIRs, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes.

The three criminal laws were introduced in Parliament on August 11 last year, and then sent to a standing committee. Some of the suggestions of the panel were incorporated and a set of new bills (labelled as second) were tabled on December 12, 2023. They were passed in the same winter session.

Union home minister Amit Shah, who piloted the laws, has said the new laws will end 475 signs of slavery and would give priority to providing justice, unlike the British-era laws that gave primacy to penal action.

“These laws are made by Indians, for Indians and by an Indian Parliament and mark the end of colonial criminal justice laws,” he said.

He has also said the laws were not just about changing the nomenclature but bringing about a complete overhaul. “The soul, body and spirit of the new laws is Indian,” he said.

According to the new laws, the judgment in criminal cases has to come within 45 days of completion of trial and charges must be framed within 60 days of the first hearing. The statement of a rape victim will be recorded by a female police officer in the presence of her guardian or relative and medical reports have to come within seven days.

Organised crimes and acts of terrorism have been defined, sedition has been replaced with treason and video recording of any search and seizure has been made mandatory.

When the government decided to change the IPC, CrPC and Evidence Act in 2019, it told departments to discuss all the laws made during British rule and review them in accordance with the present times and the interests of Indian society.

In August 2019, Modi wrote letters to all the judges of the Supreme Court, the chief justices of all the high courts of the country and all law universities. Subsequently, in 2020, letters were written to all the members of Parliament, chief ministers, governors and administrators of Union territories. At least 18 states, 6 Union territories, the Supreme Court, 16 high courts, 5 judicial academies, 22 law universities, 142 MPs, about 270 MLAs, Indian Police Services (IPS) officers, security agencies and the general public gave their suggestions regarding the new laws, according to officials familiar with the process.

Before the laws were introduced in August 2023, extensive discussions took place under the banner of a committee for reforms in criminal laws. Shah was present at 158 consultation meetings.

The government has said the old laws had signs of slavery as they were passed by the British Parliament. They refer to the Parliament of the United Kingdom, provincial acts, notifications by the crown representative, London gazette, jury and barristers, Lahore government, Commonwealth resolutions, United Kingdom of Great Britain and the Ireland Parliament, it said.

Besides, old laws had references to Her Majesty’s and by the Privy Council and were based on the copies and extracts contained in the London Gazette and in possession of the British Crown, the Court of Justice in England and Her Majesty’s Dominions.

Shah has said all these words have been removed in the new laws, “ending 475 signs of slavery”.

Some of the key changes include a provision of 20 years of punishment in gang rape cases, and if the girl is below 12 years of age, there is a provision of death penalty. For mob lynching, death penalty or seven years imprisonment or life imprisonment has been added in the new laws. For the first time, snatching of mobile phones or chains from women has been defined in the law. These cases were earlier registered as theft.

The government has for the first time also brought a provision of trial in absentia of fugitive criminals and a section which allows the right to private defence against deadly assault, for instance in the cases of a mob attack.

For police procedures, videography is now compulsory at the time of search and seizure, which will be part of the case, and charge sheets will not be considered valid without such recording. The current conviction rate in IPC crimes is around 57%.

Besides, a time limit of 90 days has been fixed for filing the charge sheet and, depending on the situation, judges will have to give a decision within 30 days of the completion of arguments. This, the government has said, will not keep the decision pending for years, and the verdict will have to be made available online within seven days.

In the run-up to the implementation of the new laws, over 565,000 police, prison, forensic, judicial and prosecution officers across the country have been trained and nearly 4 million grassroots-level functionaries have participated in webinars organised by different ministries to ensure that the citizens are aware of the new laws and the impact on their lives.

Subsequently, the National Crime Records Bureau (NCRB) is continuing providing technical assistance to states and Union territories for a seamless transition to the new system, and has formed 36 support teams and call centres for review and handholding during the implementation of the new criminal laws.

To take the information about new laws to the students, the University Grants Commission has circulated informative flyers to 1,200 universities and 40,000 colleges and the AICTE (All India Council for Technical Education) has done that for approximately 9,000 institutions.

Public broadcasters Doordarshan and Akashvani have also organised special programmes across the country to highlight the significant provisions and benefits of the new laws.