UNDERSTANDING THE KEY AMENDMENTS: CRIMINAL LAW BILLS (W.E.F 01.07.2024)

Bhartiya Nyaya Sanhita Bill 2023 (Indian Penal Code 1860)

Section 113- Terrorism

1.    Definition of Crime of Terrorism: Section 113 of the revised Bhartiya Nyaya Sanhita Bill 2023 has modified the definition of the crime of terrorism to entirely adopt the existing definition provided under Section 15 of what is known to be the most draconian law, the Unlawful Activities (Prevention) Act, 1967.

Terrorism: Terrorism includes an act that intends to: (i) threaten the unity, integrity, security or economic security of the country, or (ii) strike terror in the people or any section of people in India. Punishment for attempting or committing terrorism includes: (i) death or life imprisonment, and a fine, if it results in death of a person, or (ii) imprisonment between five years and life, and a fine.

Accordingly, even a non-violent speech could be categorized as a terrorist act under this definition. Also, the bill has widened the definition to include all counterfeit notes and coins unlike UAPA that limits its scope to only high quality counterfeit notes and coins.

2.  Following Provisions from IPC retained:  Section 21 (Knowingly possessing property derived from or through a terrorist act) Section 19 (Knowingly or voluntarily harboring a terrorist), Section 18A and 18B (offence of recruiting and training persons to engage in terrorist acts).

Punishment: Death or Life Imprisonment.

Cruelty

Explanation Clause provided in 498-a of IPC defining cruelty incorporated as Definition of Cruelty in Section 86 of Bill. The newly inserted section 86 defines ‘cruelty’ as (a) willful conduct likely to drive a woman to commit suicide or cause grave injury or danger to the life, limb, or health (whether mental or physical); or (b) harassment of a woman to coerce her or any person related to her to meet any unlawful demand for property or valuable security.

Unauthorized publication of court proceedings

Section 228A of IPC retained in the Bill. Printing or publishing content pertaining to rape or sexual assault cases without permission is punishable.

Punishment: Imprisonment 2 years and a fine.

Exceptions: Reports on High Court or Supreme Court judgments.

Mental Illness replaced with unsoundness of mind and intellectual disability

The revised Bill replaces the term ‘mental illness’ with ‘unsoundness of mind’ in a majority of the provisions as the term mental illness is wide enough to cover mood signs and voluntary intoxication. It has added the term ‘intellectual disability’ along with unsoundness of mind in section 367 (competence to stand trial).

Enhancement of minimum punishment for ‘murder by mob lynching and hate crime’ from 7 years to life imprisonment or death penalty

Murder committed by five or more persons acting in concert with one another, on grounds of race, caste or community, sex, place of birth, language, personal belief, or any other ground is punishable with life imprisonment/Death.

No remedy for Adultery and S.377

S.497 (Adultery) and S.377 were struck down by the Hon’ble Supreme Court in 2018. However, the panel reasoned that adultery should be re-criminalised in a gender-neutral manner, since it is crucial to safeguard the sanctity of the institution of marriage. The Panel pointed out that Section 377 IPC can still be invoked when there is a nonconsensual sex/rape of a man by another man. A woman can also initiate proceedings against her husband for unnatural sex under Section 377 IPC. If, as per the Nyaya Sanhita, these acts are not offences, it means that the victims of carnal intercourse, sodomy, bestiality will have no remedy available under it. So, if a man is ‘raped’ by another man, what is his remedy?” Thus, this leaves men and transgender persons with no legal remedy against sexual offences.

‘Petty organized crime’ redefined

Section 110 provides that Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorized selling of tickets, unauthorized betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organized crime.’ The Explanation to this provision stipulates that theft would include trick theft, theft from vehicle, dwelling house, or business premises, cargo theft, pickpocketing, theft through card skimming, shoplifting, and theft of Automated Teller Machine. Punishment ranges from 1 year to 7 years and fine

Bhartiya Nagarik Suraksha Sanhita Bill 2023 (Criminal Procedure Code 1973)

Detention of undertrials:  

CRPC provides that, if an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond which has been retained, however same is made inapplicable if offence is punishable with death/ life imprisonment or if more than one/multiple offences are levelled against the accused.

This makes most of the accused in eligible for mandatory bail as it's rare that only one section or offence is alleged.

Community Service

Section 23 of CRPC provides for concept of community service for petty offences such as an attempt to commit suicide, public servants unlawfully engaged in trade, theft of property less than Rs 5,000, public intoxication, and defamation. The Magistrate of First or Second class is empowered to punish for these offences. This is a restorative justice approach adopted instead of a punitive approach.

Medical Examination:

Medical examination to be done by medical practitioner even at the request of any police inspector.

Forensic Investigation Team:

There will be forensic experts who will visit the crime scene and record evidence on mobile phones or any electronic device.

Collection of evidence:

Finger impressions and voice recordings can be collected by Magistrate in addition to already provided in CRPC of signatures and handwriting.

Handcuffing

Section 43(3) provides for handcuffing even beyond arrest, at the time of production in court. However, bill provides that there should be no handcuffs in matters involving economic offences.

Timelines for procedures:  

1.    Medical practitioners who examine rape victims have to submit their reports to the investigating officer within seven days.  

2.    Judgment to be delivered within 30 days of completion of arguments/trial (extendable up to 45 days).

3.    Progress of investigation to be informed within 90 days.

4.    Framing of charges by a sessions court to be done within 60 days from the first hearing on such charges.

5.    Application for plea bargaining to be made within 30 days of framing of charges where one can pray for reduction of sentence.

Audio-video mode of proceedings

Provisions allowing the reading out of charge/s to the accused, hearing on discharge application, examination of witnesses, and recording of evidence can be done through audio-visual introduced in sections 251, 262, 266, and 308.

  Extension of 15 days police custody

 Section 187(3) of Bill allows for extension of police custody beyond 15 days not exceeding the 40/60 days (depending on the offence) only as an exception, out of 60/90 days. Police can now seek police custody of accused persons in judicial custody.

Nyaya Saakshi Adhiniyam Bill 2023 (Indian Evidence Act 1872)

Admissibility of electronic evidence is provided in Section 61 which is made subject to certificate under section 63 (65B under the Indian Evidence Act 1871) being provided.