3 Bills to replace IPC, CrPC, and, IEA, Home Minister of India presented bills in Parliament, Check here

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3 Bills to replace IPC, CrPC, and, IEA, Home Minister of India presented bills in Parliament, Check here

3 Bills to replace IPC, CrPC, and, IEA, Home Minister of India presented bills in Parliament, Check here

 

On 11 August, The Home Minister of India, Amit Shah presented three bills in the Parliament, which are introduced to replace the Indian Penal Code, 1860, Criminal Procedure Code, 1898 and the Indian Evidence Act, 1872 with new proposed bills:

  • The Bharatiya Nayaya Sanhita Bill, 2023, will replace Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita Bill, 2023 will replace Criminal Procedure Code
  • Bharatiya Sakhshya Bill, 2023 will replace Indian Evidence act

The idea behind presenting of these Bills in the Lok Sabha according to the Home Minister of India, Amit Shah was that – these acts will replace the established British Era rules whose purpose was to only punish the people, not to provide the justice to people. By implementing these new Bills the changes will occur and these Bills are framed by keeping in mind to provide the justice to people.

 

Differences in Section Numbers

 

Current Acts Total No. of Sections Presented Bills Total No. of Sections
Indian Penal Code, 1860 511 Bharatiya Nayaya Sanhita Bill, 2023 356
Criminal Procedure Code, 1898 528 Bharatiya Nagarik Suraksha Sanhita Bill, 2023 533
Indian Evidence Act, 1872 167 Bharatiya Sakhshya Bill, 2023 170

 

  • In Bharatiya Nayaya Sanhita Bill, 2023, 175 sections will be changed, 8 new sections will be added and 22 sections will be repealed and will replace IPC, 1860.
  • In Bharatiya Nagarik Suraksha Sanhita Bill, 2023, 160 sections will be changed, 9 new sections will be added and 9 sections will be repealed and will replace CrPC, 1898.
  • In Bharatiya Sakhshya Bill, 2023, 23 sections will be changed, 1 new section will be added and 5 sections will be repealed and will replace Indian Evidence Act, 1872.

 

Major changes in the Bills

 

  • Bill replacing Indian Penal Code, 1860 that is “Bharatiya Nayaya Sanhita Bill, 2023” will made complete modification in the offences of Sedition and provides a broader scope to define the Sedition. Also, there will be provision for people to get justice within 3 Years. There is also new provisions to protect women and children from violence.
  • Bill replacing Criminal Procedure Code, 1898 that is “Bharatiya Nagarik Suraksha Sanhita Bill, 2023” provides people to file FIR in any of the police station irrespective of their jurisdiction. Digitization of the procedure and Video-conferencing enhancement for trial proceedings.
  • Bill replacing Indian Evidence Act, 1872 that is “Bharatiya Sakhshya Bill, 2023” includes compulsion of videography during search and recording statements of victims and forensic team visiting crime spots.

To know the proper distribution of sections, check the given tables below:

The BHARATIYA NYAYA SANHITA BILL, 2023

Chapter’s Sections Headings
Chapter 1 1-3 PRELIMINARY
Chapter 2 4-13 PUNISHMENTS
Chapter 3 14-44 GENERAL EXCEPTIONS,  the Right of Private Defence
Chapter 4 45-62  ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Chapter 5 63-97 OFFENCES AGAINST WOMAN AND CHILDREN
Chapter 6 98-144 OFFENCES AFFECTING THE HUMAN BODY
Chapter 7 145-156 OFFENCES AGAINST THE STATE
Chapter 8 157-166 OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Chapter 9 167-175 OFFENCES RELATING TO ELECTIONS
Chapter 10 176-186 OFFENCES RELATING TO COIN, CURRENCY NOTES, BANK NOTES, AND GOVERNMENT STAMPS
Chapter 11 187-195 OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Chapter 12 196-203 OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Chapter 13 204-224 CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Chapter 14 225-267 FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE
Chapter 15 268-295 OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
Chapter 16 296-300 OFFENCES RELATING TO RELIGION
Chapter 17 301-332 OFFENCES AGAINST PROPERTY
Chapter 18 333-348 OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
Chapter 19 349-356 CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.

 

The BHARATIYA NYAYA SANHITA BILL, 2023 Pdf

 

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Chapter’s Sections Headings
Chapter 1 1-5 PRELIMINARY
Chapter 2 6-20 CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Chapter 3 21-29 POWER OF COURTS
Chapter 4 30-34 POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
Chapter 5 35-62 ARREST OF PERSONS
Chapter 6 63-93 PROCESSES TO COMPEL APPEARANCE
Chapter 7 94-110 PROCESS TO COMPEL THE PRODUCTION OF THINGS
Chapter 8 111-124 RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
Chapter 9 125-143 SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
Chapter 10 144-147 ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
Chapter 11 148-167 MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
Chapter 12 168-172 PREVENTIVE ACTION OF THE POLICE
Chapter 13 173-196 INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Chapter 14 197-209 JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
Chapter 15 210-222 CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
Chapter 16 223-226 COMPLAINTS TO MAGISTRATES
Chapter 17 227-233 COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Chapter 18 234-247 THE CHARGE
Chapter 19 248-260 TRIAL BEFORE A COURT OF SESSION
Chapter 20 261-273 TRIAL OF WARRANT-CASES BY MAGISTRATES
Chapter 21 274-282 TRIAL OF SUMMONS-CASES BY MAGISTRATES
Chapter 22 283-288 SUMMARY TRIALS
Chapter 23 289-300 PLEA BARGAINING
Chapter 24 301-306 ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Chapter 25 307-337 EVIDENCE IN INQUIRIES AND TRIALS
Chapter 26 338-366 GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Chapter 27 367-378 PROVISIONS AS TO ACCUSED PERSONS WITH MENTAL ILLNESS
Chapter 28 379-406 PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Chapter 29 407-412 SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
Chapter 30 413-435 APPEALS
Chapter 31 436-446 REFERENCE AND REVISION
Chapter 32 447-453 TRANSFER OF CRIMINAL CASES
Chapter 33 454-478 EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Chapter 34 479-498 PROVISIONS AS TO BAIL AND BONDS
Chapter 35 499-507 DISPOSAL OF PROPERTY
Chapter 36 508-514 IRREGULAR PROCEEDINGS
Chapter 37 515-521 LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Chapter 38 522-533 MISCELLANEOUS

 

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PDF

 

THE BHARATIYA SAKSHYA BILL, 2023

Chapter’s Sections Headings
Chapter 1 1-2 PRELIMINARY
Chapter 2 3-50 RELEVANCY OF FACTS
Chapter 3 51-53 FACTS WHICH NEED NOT BE PROVED
Chapter 4 54-55 ORAL EVIDENCE
Chapter 5 56-93 DOCUMENTARY EVIDENCE
Chapter 6 94-103 THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
Chapter 7 104-120 THE BURDEN OF PROOF
Chapter 8 121-123 ESTOPPEL
Chapter 9 124-139 WITNESSES
Chapter 10 140-168 EXAMINATION OF WITNESSES
Chapter 11 169-170 IMPROPER ADMISSION AND REJECTION OF EVIDENCE

 

THE BHARATIYA SAKSHYA BILL, 2023 PDF

 

What Next about the Bills?

The introduction of these Bills can make some significant changes in the judicial system of India, covering crimes. These bills tried to counter offences like terrorism, corruption, mob lynching and other crimes under the previous codes. Several experts had views to re-consider these bills before implementation, as these bills can bring a drastic change in the Indian judicial system. The same things have been asked by the opposition parties from the government. Experts pointed out some major changes to be made, as the British-era codes are meant to be outdated and their punishments are according to the British Rule in India. As far as these bills can face some serious challenges. Hence, need to properly consider the suggestions from the Constitutional Committee, Judges, Supreme Court authorities, and specialized persons.

 

 

Author: Atharv Yadav

Intern

Author Since: November 22, 2023