Lok Sabha passes three criminal law bills: What’s new in the laws?

New Delhi: Lok Sabha on Wednesday passed three criminal law bills seeking to comprehensively change the criminal justice system and replacing age-old legislations, including two introduced in the British era.

The Bharatiya Nyaya (Second) Sanhita 2023, Bharatiya Nagarik Suraksha (Second) Sanhita 2023 and Bharatiya Sakshya Bill 2023 were passed by the House through voice vote.

The Bills seek to repeal and replace the Indian Penal Code 1860, Code of Criminal Procedure 1973 and the Indian Evidence Act 1872. 

Here are the key points of the Bharatiya Nyaya Sanhita

• It retains most offences from the IPC and adds community service as a form of punishment.
• It adds terrorism as an offence. It is defined as an act that intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people.
• Organised crime has been added as an offence such as kidnapping, extortion and cyber-crime committed on behalf of a crime syndicate. 
• It removes sedition as an offence. Instead, there is a new offence for acts jeopardising the sovereignty, unity and integrity of India. 'Rajdroh' has been changed as 'deshdroh'
• Murder by a group of five or more people (mob lynching) because of a certain identification identity, such as caste, language, or personal belief, is punishable by life in prison or death as well as a fine.
• It is now mandatory for the victim of sexual assault to have their statement recorded on audio and video.
• The maximum sentence for "Hit and Run" is ten years in jail. However, there will be less punishment if the culprit takes the victim to the hospital or police after the accident.
• 'Community service' has been added as an alternative to imprisonment for a number of minor offences.
• Provisions made for Zero FIR registration. The victim is not required to approach the jurisdictional police station; they may approach any police station. The FIR will be transferred to the jurisdictional police station within 24 hours.
• Forensic investigation made mandatory for offences carrying a minimum sentence of seven years in prison.  Forensic specialists will visit crime scenes to collect forensic evidence and record the process.
• The medical examination report of the victim of sexual harassment will be forwarded by the Medical Examiner to the investigating officer within 7 days.
• A proclaimed offender may be tried and a verdict rendered in his absence if he has fled to avoid prosecution and there is no immediate chance that he will be apprehended.
• For an inquiry or legal procedure, finger impressions, voice samples, and specimen signatures or handwriting may be collected.  Samples may be taken from a person who has not been arrested.
• It outlines new concepts like timelines for mercy petitions, a scheme for witness protection and permitting electronic modes for recording statements and collecting evidence.
• It establishes strict deadlines for a number of procedural requirements: The police must present their challan before the court within seven days of the first hearing. The investigation must conclude within 90 days of filing a chargesheet. The judgments reserved are required to be pronounced within 30 days.