IPC NEW Bill – The laws of the British era will end. On August 11, the last day of the monsoon session, Union Home Minister Amit Shah introduced bills to amend the 163-year-old three fundamental laws in the Lok Sabha. The biggest change is regarding the sedition law, which will be brought in a new form.
These bills are Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Evidence Act.
Many sections and provisions will now change. There are 511 sections in IPC, now 356 will be left. 175 sections will change. 8 new ones will be added, 22 streams will end. Similarly, 533 sections will be saved in CrPC. 160 streams will change, 9 new ones will be added, 9 will end. There will be a provision for video conference from interrogation to trial, which was not there earlier.
Table of Contents
The biggest change is that now the trial court will have to give every decision within a maximum of 3 years. There are 5 crore pending cases in the country. Of these, 4.44 crore cases are in trial courts. Similarly, out of 25,042 posts of judges in district courts, 5,850 posts are vacant.
All the three bills will be sent to the parliamentary committee for scrutiny. After this it will be passed in Lok Sabha and Rajya Sabha.
Understand 3 big changes…
Not treason, now treason
By removing the word treason of the British era, the word treason will come. Provisions and strictures. Now under Section 150, any act against the nation, whether spoken or written, or by sign or picture or electronic means, shall be punishable with imprisonment from 7 years to life. Threatening the unity and sovereignty of the country would be a crime. The term terrorism also defined. Currently, under Section 124A of the IPC, sedition is punishable from 3 years to life imprisonment.
Community Punishment – IPC NEW Bill
24 hours imprisonment for first time minor offenses (Drunken riot, theft less than 5000) or 1000 rupees. The punishment may be a fine or community service. Now they are sent to jail for such crimes. There is such a law in America-UK.
Mob Lynching
Provision for death penalty. If 5 or more people commit murder on the basis of caste, creed or language, then there will be a minimum of 7 years or death sentence. There is no clear law yet. Action takes place in section 302, 147-148.
Charge sheet in 180 days, decision in 30 days after trial
Police will have to file charge sheet in 90 days. The court will be able to extend it by 90 days. However, the investigation will have to be completed within a maximum of 180 days and sent for trial. After the trial, the court will have to give its verdict in 30 days. The decision has to be uploaded online within a week. In cases with punishment of less than 3 years, summary trial will suffice. This will reduce 40% cases in the sessions court. The target is to take the conviction rate up to 90%.
Limited political use of sentence waiver
The government has made a new provision to prevent political use of sentence waiver. Death sentence can be commuted to life imprisonment only and life imprisonment can be commuted to 7 years. This will ensure that people with political influence cannot escape the law. The government will not be able to withdraw cases with imprisonment of 7 years or more without hearing the victim.
Zero FIR – IPC NEW Bill
Will be able to register an FIR anywhere in the country. Streams will also be added to it. Till now sections were not added in zero FIR. Zero FIR will have to be sent to the concerned police station within 15 days. The police officer in every district will give a certificate to the family of the arrested persons that they are responsible for the arrested person. Information has to be given online and in person.
Now a new section on making relation with a woman by hiding her identity and getting married
Sexual exploitation of a woman by giving allurement of marriage, job, promotion or by hiding her identity will now be a crime.
Everything online from FIR to decision – IPC NEW Bill
From giving validity to digital records till the FIR and the decision of the court, the entire system will be digital and paperless. There will be videography of search and seizure. The investigation, research will be based on forensic science. For crimes punishable by 7 years or more, the forensic team will definitely go to the spot. All courts will be computerized by 2027.
These changes have also been made…
There is a provision of imprisonment for one year for bribing a voter in elections. A first-time offender will be granted bail after spending one-third of the total jail term in jail. The trial can proceed even without the proclaimed offender being absconding. Trial of criminals like Dawood will be possible. Permission will have to be given within 120 days to prosecute civil servants.
Know from the experts… Everything you need to know – IPC NEW Bill
1. Why change in laws was necessary
After independence and despite the implementation of the constitution, the criminal justice system was running on two centuries old laws of the British era. It was considered colonial slavery. The government has passed the Jan Vishwas Bill to keep many matters related to economic matters out of the purview of criminal law. In such a situation, it is good to present the bill in the 75th year of independence for this change.
2. Will get freedom from the burden of lawsuits,
now more than five crore cases are pending in the courts. Out of 4.44 crore pending at district and taluka level, 3.33 crore cases are of criminal cases. New penal provisions for lesser offenses such as community service could reduce the number of prosecutions.
3. When and how will these laws apply
All the three bills have been referred to the Standing Committee of the Parliament. The Supreme Court has criticized provisions like sedition. More strict provisions have been made in the new laws. There can be contradictions in the committee on such issues. If the report of the committee does not come before the winter session, then the bill will be canceled after the end of the term of the Lok Sabha. However, if the government wants, a consensus can be reached on this.
4. Why questions were raised on these changes
Confusion will increase among lawyers and judges due to change in the order of sections of IPC and other laws. In such a situation, some people are calling the proposed law a new cover on the old file. There are no effective and practical provisions to check wrongful trials and police excesses. There is no clear road map for quick decision of cases. After the new law, more manpower will be needed in the police and judiciary, as well as the infrastructure will have to be increased.
How are the new laws for the states.
According to the government claims, extensive opinion polling has been done before presenting the bill. According to the Seventh Schedule of the Constitution, law and order and police are state subjects. National debate on Uniform Civil Code is going on through Law Commission, therefore meaningful debate is necessary in the country in consultation with states before changes in criminal laws are made.
Government’s preparation: These changes have taken place after 4 years of discussion. It was
said by the government that apart from 18 states, 6 union territories, Supreme Court, 22 High Courts, judicial institutions, 142 MPs and 270 MLAs, the public has also Gave suggestions regarding bills. After four years of discussion and 158 meetings during this period, the government has introduced the bill. The first meeting for these changes was held in September 2019 in room number G-74 of the Library of Parliament House. There was no progress in this for a year during Corona.
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