The Union Home Minister Amit Shah introduced three new bills on 11th August 2023. The Indian Penal Code set up by the Raj was made to strengthen and protect British rule, however, the new amendments to the Penal Code claim to make it centred around the people instead of the government. The objective of introducing these new acts is to serve justice faster and protect the rights of even the most marginalised groups of our nation.
The Indian Penal Code, 1860 will be replaced by Bharatiya Nyaya Sanhita Bill, 2023. The Criminal Procedure Code, of 1898 will be replaced by Bharatiya Nagarik Sanhita Bill, 2023 and the Indian Evidence Act, of 1872 will be replaced by Bharatiya Sakshya Bill, of 2023.
Amit Shah said on the very same day that the ‘Azadi ka Amrit Mahotsav’ is culminating and Amrit Kaal is beginning. Azadi ka Amrit Mahotsav will end on August 15 and the journey of 75 to 100 years of independence will begin on August 16, which will create a great India. He said that these three bills introduced today are in a way fulfilling one of the five vows taken by Modi Ji.
Changes made in the Acts to create Great India –
All the new acts are related to criminal laws. There will be a massive change in the criminal justice system. Along with the examination of the complainant and witnesses, the investigation and recording of evidence in the entire appellate proceedings will now be possible digitally. The government has made it possible after discussing this with National Forensic Science University and scholars and technical experts from all over the country on this subject. They have also made videography compulsory at the time of search and seizure, which will be part a part of the investigation this will help prevent wrongdoings and protect innocent passersby. No charge sheet will be valid without such recording by the police.
Amit Shah said that for the first time after 75 years of Independence, we are starting Zero FIR to ensure the convenience of the citizens. Zero FIR means that citizens can file complaints even outside the police station in their jurisdiction. But within 15 days, that complaint has to be forwarded to the concerned police station. For the first time, e-FIR has also been introduced. Every district and police station will designate a police officer who will inform online and in person about the arrest to the family of the arrested person. Amit Shah said that the statement of the victim and a video recording of the same has been made compulsory in the case of sexual violence. Offenses punishable for up to 3 years will be included in summary trial. The Honourable Judge will have to give the decision within 30 days of the completion of the argument, this will not keep the decision pending for years, and the decision will have to be made available online within 7 days.
In all cases of gang rape, a provision of 20 years of punishment or life imprisonment has been made, which was not implemented till today. In the case of minor girls (below 18 years of age), a provision for the death penalty has also been kept. For mob lynching all three provisions of – 7 years, life imprisonment and death penalty have been kept. There was no provision for mobile phones or chain snatching from women, but now provision has been kept for the same.
Earlier there was no definition of terrorism, but now crimes like secession, armed insurgency, subversive activities, separatism, and crimes like challenging the unity, sovereignty and integrity of India have been defined in this law for the first time and rights have been given to confiscate the properties of those found guilty of these crimes. However, the vague wording surrounding crimes of this nature alarms people as they sound increasingly draconian and authoritarian. Who falls under the scope of this law and can anyone voicing their dissent against the ruling government be penalised under it are questions that need to be answered.
Amit Shah said that a total of 313 changes have been made to this law which will act as a much-needed upgrade in our criminal justice system and anyone will be able to get justice within a maximum of 3 years. Amit Shah also said that special care has been taken to protect women and children in this law, as provisions have also been made to prevent the police from misusing their powers.
To acquire a more in-depth understanding of the laws check out pib.gov.in