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Nayaya Sanhita Bill, 2023, 175 sections will be changed, 8 new sections will be added and 22 sections will be repealed and will replace IPC, 1860.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Nagarik Suraksha Sanhita Bill, 2023, 160 sections will be changed, 9 new sections will be added and 9 sections will be repealed and will replace CrPC, 1898.
- In Bharatiya Sakhshya Bill, 2023, 23 sections will be changed, 1 new section will be added and 5 sections will be repealed and will replace Indian Evidence Act, 1872.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