The Lok Sabha passed three bills in Parliament – the Indian Justice (Second) Code, 2023, the Indian Civil Defense (Second) Code, 2023, and the Indian Evidence (Second) Bill, 2023 – which aim to replace key components of India's criminal law. The framework includes the Indian Penal Code of 1860, the Code of Criminal Procedure (CrPC) of 1973 and the Indian Evidence Act of 1872.
The Indian Justice Second Code 2023 will replace the Indian Penal Code 1860. This is the main law on criminal offenses in the country. The new bill includes community service as a punishment.
The Indian Civil Defense Second Code 2023 will replace the Code of Criminal Procedure 1973. It has provisions for the process of arrest, prosecution and bail.
The Indian Evidence Second Bill 2023 will replace the Indian Evidence Act 1872. The Act has provisions related to admissibility of evidence in the courts of the country.
The Indian Evidence Bill, which will replace the Evidence Act, will now have 170 sections instead of 167, 24 sections have been amended, 2 new sections have been added and 6 sections have been repealed.
FIR in these three bills. There is a provision to do the entire process from case diary, charge sheet and verdict in digital form.
Indian Justice (Second) Sanhita, 2023
The Indian Justice (Second) Code, 2023 (BNS2) was introduced on December 12, 2023, after the withdrawal of the previous bill. It includes some recommendations of the Standing Committee. BNS2 largely retains the provisions of the IPC, adds some new offences, removes offenses struck down by the courts, and increases penalties for several offences.
Highlights of the bill
- The Indian Justice (Second) Code (BNS2) retains most of the crimes of the IPC. In this, community service has been added as punishment.
- Treason is no longer a crime. Instead, there is a new offense for acts threatening the sovereignty, unity and integrity of India.
- BNS2 adds terrorism as a crime. It is defined as an act which aims to endanger the unity, integrity, security or economic security of the country or to create terror among the people.
- Organized crime has been added as a crime. This includes crimes like kidnapping, extortion and cyber crimes committed by crime syndicates. Even small organized crimes are now crimes.
- Murder by a group of five or more persons on the basis of some identity marker such as race, language or personal belief would be a crime punishable with life imprisonment or death and a fine.
Changes to the Bill
Following are some of the features that the proponents of the Indian Judicial Code Bill, 2023 will bring to the Indian legal system:
- Offenses against the body: The BNS has retained the IPC provisions on murder, abetment of suicide, assault and causing grievous hurt. New crimes like organized crime, terrorism and murder or grievous hurt by a group on certain grounds have been added.
- Sexual crimes against women: BNS has retained IPC provisions on rape, voyeurism, stalking and insult to the dignity of woman. It also increases the limit for classifying the victim as an adult in a gang rape case from 16 to 18 years.
- Crimes against property: BNS has retained the provisions of the IPC on theft, dacoity, housebreaking and cheating. New crimes like cyber crime and financial fraud have been added to it.
- Crimes against the state: BNS decriminalizes treason. Instead, there is a new offense for acts threatening the sovereignty, unity and integrity of India.
- Crimes against the public: BNS adds new crimes such as environmental pollution and human trafficking.