This article is written by Ashika from Amity University Lucknow BALLB 3RD YEAR during her internship.
Keywords –
Ipc- Indian penal code
Crpc- Code of criminal procedure
Chap- Chapter
INTRODUCTION
By the end of this year, the three laws might allow the Central government to repeal and replace the IPC, CrPC, and the Evidence Act. The central committee is presently reviewing the procedure for putting the new criminal laws into effect. According to sources cited by NDTV, the committee is required to deliver its findings before the start of the Winter Session of the Parliament.
The government will attempt to pass the legislation in Parliament after discussion during the Winter Session itself in order for the new law to be implemented on schedule.
Jagdeep Dhankhar, the chairman of the Rajya Sabha, forwarded the draught laws to the Standing Committee on Home Affairs on Friday for review. The committee has been given three months to submit the report.
On August 11, Amit Shah introduced the three measures in the lower house of Parliament. Out of the three, the Bharatiya Nyaya Sanhita 2023 will replace the Indian Penal Code of 1860, the Criminal Procedure Code will be replaced by the Bharatiya Nagrik Suraksha Sanhita 2023, and the Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya Bill 2023.
According to Union Home Minister Amit Shah, the measures will make it easier to incorporate thorough consultations into the judicial process. The legislation’s principal elements include the elimination of sedition, a new penal code prohibiting mob lynching, the death penalty for child rape, and the addition of community service to the list of punishments for lesser infractions for the first time.
HISTORY OF CRPC
In 1882, following the Crown’s takeover of British India’s governance following the 1857 uprising, the Code of Criminal Procedure was first implemented. Several times, most notably in 1898, 1923, and 1955, the Code was revised. Following Independence, the First Law Commission presented its Report on Judicial Administration, also referred to as the Fourteenth Report, along with suggestions to modify the Code. The Law Commission was later formed in 1961, and in 1969 it presented the Forty-first Report, which advocated for the modification of the Code.
These suggestions served as the basis for the 1970 Code of Criminal Procedure Bill, which was never passed into law because of the dissolution of Parliament in 1972. The Code of Criminal Procedure Bill was reintroduced in 1972 and after being approved by both Houses of Parliament in 1973 with 125 Amendments, it entered into force on April 1st, 1974.
The most recent revisions to the Code of Criminal Procedure, 1973 were made in 2013 by the Nirbhaya Act and in 2014 by the Lokpal and Lokayuktas Act, 2013, bringing it to its current state.
The value of the Code
The XXXVII Chapters, 2 Schedules, and 484 sections make up the 1973 Code of Criminal Procedure. Following the implementation of the Jammu and Kashmir Reorganisation Act, 2019, the Code is now applicable to the entire country of India. The goal of the Code is to give the accused a fair trial while also providing a system for punishing violations against substantive criminal law. The Code is also founded on the fundamental principles of swift justice delivery and fair treatment for the less fortunate members of society. The Code is extensive in character, which is most significant.
Because criminal process is a topic covered by the Concurrent List of the Constitution, States have the authority to adopt unique legislation. In such circumstances, the special law is unaffected by the Code. Additionally, it has no bearing on any local laws, unique powers or jurisdictions, or unique procedural rules.
About the recent bill
The Standing Committee on Home Affairs has been referred the Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and Bharatiya Sakhshya Bill, 2023. The three bills, which aim to replace the Indian Penal Code of 1860, the Criminal Procedure Code of 1898, and the Indian Evidence Act of 1872, provide the Committee three months to conduct hearings and present a report.
Brijlal, a Rajya Sabha member of the BJP, is the chairman of the Standing Committee on Home Affairs. Home Minister Amit Shah presented the three Bills in the Lok Sabha on August 11.
The administration said that the purpose of these bills is to decolonize the Indian legal system. The administration pointed out that the British drafted and passed all three of the legislation that are being repealed.
These three Acts, which will be replaced, were created with the intention of fortifying and defending British control, not of delivering justice. While proposing the Bills in the Lok Sabha, Mr. Shah stated, “We are going to bring reforms in both these essential areas.
The CrPC will be replaced by the Bharatiya Nagarik Suraksha Sanhita Bill, which will now contain 533 sections after 160 parts were altered, nine sections were added, and nine sections were abolished. Instead of the previous 511 sections, the Bharatiya Nyaya Sanhita Bill will have 356 sections; 175 sections have been changed, eight new sections have been inserted, and 22 sections have been abolished. Instead of the previous 167 provisions, the Bharatiya Sakhshya Bill will now contain 170 sections; 23 sections have been amended, one new section has been inserted, and five sections have been repealed.
Changes made in the CRPC-
The law that governs India’s criminal justice system is known as the Criminal Procedure Code (CrPC). Since it was enacted in 1973, it has undergone a number of amendments. The Bharatiya Nagarik Suraksha Sanhita, 2023, the most recent amendment bill, seeks to make several important modifications to the CrPC.
Use of technology has increased
The Bill suggests using technology for a number of criminal justice processes, including holding trials, hearing appeals, taking depositions, and preserving evidence. It enables video conferencing for the purpose of recording the testimony of the accused, witnesses, government employees, and police officers. Additionally, it allows for the electronic transmission of documents including summonses, warrants, documents, police reports, and statements of evidence.
The Bill requires that the search, seizure, and recording of the victim’s statement be audio-videotaped, preferably on a mobile phone, as well as the forensic inspection of the crime scene.
According to the Bill, a designated officer at each police station and district is required to keep a register of every arrested suspect’s name, address, and the nature of the offence. Every police station and district office must have this information “prominently displayed” in both physical and digital formats.
The Bill allows members of the public to electronically submit information to the police, and it must be signed by the sender within three days in order for it to be recorded.
Communicating tools
The proposed regulation creates a new definition of “electronic communication,” which includes all forms of communication that utilise digital platforms or devices. Text messages, phone conversations, emails, posts on social media, and video chats all fall under this category.
The Bill gives the police and courts the authority to force anyone to turn over any document or device that might include important digital evidence for a case. This implies that anyone can be forced to turn over their phone, laptop, tablet, or any other electronic communication device.
Employing handcuffs
Police personnel can confine suspects by securing their wrists with handcuffs, a sort of restraint device. However, depending on the type and seriousness of the crime, the possibility of escape, the individual’s criminal history, and other factors, the use of handcuffs is not always appropriate or legal.
The bill states that a police officer may be permitted to use handcuffs when a person has committed a serious crime involving organised crime, terrorism, drugs, weapons, murder, rape, acid attack, counterfeit money, human trafficking, sexual offence against children, or offences against the state, or when the person is a habitual or repeat offender who has previously escaped from custody.
These are some of the offences that could jeopardise national security and public safety and need the use of handcuffs to stop the offender from escaping or hurting others. However, the application of handcuffs must be reasonable, supported by facts, and not arbitrary or disproportionate.
The arresting party’s dignity and human rights should also be respected by the police officer, who should likewise refrain from inflicting needless suffering or harm. It should be documented, disclosed, and subject to judicial scrutiny and monitoring when handcuffs are used.
The arresting party’s dignity and human rights should also be respected by the police officer, who should likewise refrain from inflicting needless suffering or harm. It should be documented, disclosed, and subject to judicial scrutiny and monitoring when handcuffs are used.
The proposed change to the CrPC aims to stop arbitrary detentions and defend the accused’s rights. In accordance with the new Section 35, which replaces the previous Section 41A, a police officer must first receive permission from a senior officer with the rank of constable SP or higher before arresting anyone who has been charged with a crime carrying a sentence of less than three years in prison or who is over 60 and ill.
The police officer is required to undertake a preliminary investigation within 14 days to determine whether there is enough evidence to support an arrest for an offence carrying a 3–7-year sentence.
Petitions for mercy
For criminals facing the death penalty, a legal option is to file a petition for mercy. Within a set time frame, they may request clemency from the Governor or the President. The inmate’s legal heir or a close family must be informed of the outcome of the petition by the jail administration.
After being informed, the convict has 30 days to petition the governor for mercy. The convict has an additional 60 days to appeal to the President if the Governor rejects the petition. Decisions made by the President are final and cannot be contested in any court.
Authorising prosecution
Within 120 days of receiving a request for sanction to prosecute a public employee, the government is required to reply. If not, the punishment will be applied automatically. In situations where there is no need to prosecute the public employee, such as those involving sexual offences, human trafficking, and other major offences, this provision does not apply.
Procession of Weapons
To ensure public order, the district magistrate is authorised by Section 144A of the Criminal Procedure Code to prohibit the carrying of firearms during any procession, mass drill, or mass training. The provisions in Section 144 of the CrPC that provide the DM the power to issue orders in urgent cases of nuisance or impending danger are the same, however that section does not include the prohibition on the possession of weapons.
Arrest by Police
In order to stop any illegal or dangerous situation, police have the right to detain or remove anyone who disobeys the rules. This is a measure to maintain public safety and order as well as to defend other people’s rights and liberties. Anyone who rebuffs, opposes, or disregards police instructions risk legal repercussions and penalties.
Conclusion
These are some of the main amendments that the Bill proposes that could have a big influence on India’s criminal justice system. Additional clauses in the bill deal with bail, witness safety, victim compensation, sentence standards, etc. Before becoming law, the Bill is anticipated to draw intense examination and resistance from a number of sources. The Bill’s final shape will need to strike a balance between justice, efficiency, and human rights.
References
Livemint. (2023, August 22). Govt to bring criminal laws to replace IPC, CrPC and Evidence Act by year-end: Report | Mint. https://www.livemint.com. https://www.livemint.com/news/india/govt-to-bring-criminal-laws-to-replace-ipc-crpc-and-evidence-act-by-year-end-report/amp-11692596048133.html
Dharshana, M. (2023, April 16). Notes on introduction to CRPC- history, definitions, stakeholders. CLATalogue. https://www.lawctopus.com/clatalogue/clat-pg/notes-on-introduction-to-crpc/
The Hindu Bureau. (2023, August 18). Bills seeking to replace IPC, CrPC, Indian Evidence Act referred to Standing Committee. The Hindu. https://www.thehindu.com/news/national/bills-seeking-to-replace-ipc-crpc-indian-evidence-act-referred-to-standing-committee/article67210670.ece
Gyan, I. (n.d.). Bharatiya Nagarik Suraksha Sanhita 2023 to changes CrPC UPSC. IAS GYAN. https://www.iasgyan.in/daily-current-affairs/key-provisions-proposed-in-bill-to-replace-crpc#:~:text=The%20latest%20amendment%20bill%2C%20called,significant%20changes%20to%20the%20CrPC.&text=The%20Bill%20proposes%20to%20leverage,%2C%20depositions%2C%20and%20recording%20evidence
