What’s New in IPC & crPC Amendment Bill

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Amit Shah introduces 3 new Bills: Home Minister Amit Shah said that a historic decision has been taken by the government to completely eliminate sedition. This is a democracy and everyone here has the right to speak.

What’s New in IPC & crPC Amendment Bill

The Narendra Modi government has introduced three such bills in the Lok Sabha, which can define new definitions of many laws. While introducing these bills, Home Minister Amit Shah said that in the near future, when this bill becomes law, there will be a major change in the Indian judicial code. He has proposed several changes in laws ranging from mob lynching to fugitive criminals. However, it has been decided to refer the bill to a select committee.

Amit Shah introduced 3 bills

Indian Judicial Code, 2023, Indian Civil Protection Code, 2023 and Indian Evidence Bill, 2023 to be referred to a Parliamentary Panel for further scrutiny. Amit Shah said that, in the new law, our aim is not to give punishment, but to give justice. Shah said that on August 15, the Prime Minister took 5 oaths in front of the country from the fort of Red Fort. One of the pledges was that we would end all signs of slavery. The three bills that I have brought today, all the three bills are fulfilling one of the oaths taken by Modiji.

The Sedition Act will end.

The punishment for sedition has been changed. The name of sedition has been removed in the new bill. Amit Shah said that this law was made to protect the law of sedition from the British rule. Now on that I would like to say that a historic decision has been taken by this government and a decision has been taken to eradicate sedition completely. This is a democracy and everyone here has the right to speak. In addition to this, separatism, armed insurgency, subversive activities, separatism are now being interpreted within the law for the first time. The court will order on the knowledge of the investigating police officer, now the police officer cannot give the order. Which will happen after the court hearing.

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Provision of punishment for those who marry by showing false identity

Home Minister Amit Shah said, ‘This law has been made to deal with crimes against women and social problems. For the first time, the Modi government is criminalizing people who had physical relations with false promises of marriage, jobs and positions and false identities. All cases of gang-rape carry a sentence of 20 years or life imprisonment which is not present and also death penalty in cases of girls below 18 years of age.

The fugitives will now be punished

Home Minister Amit Shah said that, ‘punishment has also been made for the criminals who are missing at the time of trial. We all know that Dawood is wanted in many cases and he is absconding and is not being tried. So much so that we have decided that a person who is declared a fugitive by the Sessions Court Judge after the entire process will be tried and sentenced in absentia. He will be punished wherever he hides in the world. If he wants to escape punishment he has to come to justice and this law will make a big difference.

Punishment law on mob lynching also 

Amit Shah said that people are discussing a lot about mob lynching and we looked at it very carefully and realized that even for mob lynching there is a provision of 7 years imprisonment or life imprisonment and death penalty.

Snatchers will face the baton of law 

Amit Shah said that there is no provision for snatching mant whether it is chain of women or anything else. Many people went into hiding because it was not theft and there was no provision for snatching. Now provision has been made for snatching also. In 324 the sentence was only 7 years if serious injury resulted in incapacitation. If someone takes a few and gets out of the hospital within a week, the punishment is slightly different. Punishment for 10 years or life imprisonment in case of permanent disability.

Now the SP will tell everything to the court.

Shah said the DGP may not have time or some DGPs have retired. So no need to call him now. Now under the new law which after seeing the SP file of that time will tell the court every information about it.

Now there are also conditions on remission of sentence

Amit Shah said that a provision of 10 years sentence has been made against the criminals who were fleeing from the country. There used to be many cases of using amnesty politics but now if someone wants to amnesty death sentence can be commuted to life imprisonment and life imprisonment can be commuted only after 7 years. 7 years imprisonment can be remitted up to 3 years only.

What is new in the bill? 

  • According to the bill, a total of 313 changes have been made by the new law. The criminal justice system has been completely overhauled by the government. In cases where the punishment is more than 7 years, the forensic team will reach to collect the evidence.
  • The punishment for sedition has been modified. The name of sedition has been removed in the new bill. The provisions under Article 150 have been retained with some modifications. The proposed Section 150 carries a sentence of life imprisonment or imprisonment of up to three years for sedition.
  • All the courts of the country will be computerized before 2027. If a person is arrested, his family will be informed immediately. Such police officer will be appointed for this purpose.
  • Sections punishable up to 3 years will have summary trial. Due to which the hearing and decision of this case will come soon. The judge has to give his verdict within 30 days of framing the charge.
  • If a case is registered against a government employee, permission to prosecute the case is required within 120 days.
  • Organized crime carries stiff penalties. A death sentence can be commuted to life imprisonment, but full acquittal will not be easy.
  • Sedition is being completely abolished. The court will order the confiscation of the property of the criminals, not the police officer. Everyone will get justice in 3 years.
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Proposed new IPC sections

What does Article 150 say? 

Who by any spoken or written words or by signs or by visible representation or by electronic communication or by using financial means or otherwise, incites or attempts secession or armed insurrection or subversive activities or promotes feelings of separatist activities or threatens the sovereignty puts or the unity and integrity of India or involves or commits any such act shall be punishable with imprisonment for life or with imprisonment for a term which may extend to seven years and shall also be liable to fine.

What are the main changes in the provisions of Article 150?

Punishment for revealing the identity of a rape victim

The new law also provides for punishment for revealing the identity of a rape victim. Section 72. (1) Whoever prints or publishes any name or any matter by which any person may be identified who is charged with a proceeding under section 63 or section 64 or section 65 or section 66 or section 67 or section 68 has committed an offense under- the offense committed (hereinafter referred to in this section as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and may also be fined.

Life imprisonment defined

Life imprisonment is defined as imprisonment for natural life. He shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of the natural life of the person and shall also be liable to fine.

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Punishment for viralizing private pictures of women

The new law provides for punishment for viralizing private videos/photos of women. Section 76 provides that whoever observes or photographs a woman engaged in a private act in circumstances where she would not ordinarily be expected to be seen by the offender or by any other person on the orders of the offender or causes such photograph to go viral – shall be guilty of the first, shall be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine. A second or subsequent conviction will be punishable by imprisonment. for any term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

From FIR to judgment… all the process will be online 

  • All courts will be digitalized by 2027. Zero FIR can be registered from anywhere. If anyone is arrested, his family will be informed immediately.
  • Investigation has to be completed within 180 days and sent for trial. A person who has sex by giving a false identity is kept under the category of crime.
  • Section 533 will be saved in IPC. 133 new sections were added. 9 sections were changed. 9 streams have been deleted.
  • 475 symbols of slavery abolished.
  • The Home Minister said that justice is taking so much time that people’s faith has been lost. People are afraid to go to court.
  • Electronic, digital, SMS, location evidence, email etc. will all have legal validity. Court proceedings will be linked by technology. The entire trial will be conducted through video conferencing. National Forensic Technology and other experts have been involved.
  • A forensic report will be required in cases with a sentence of more than 7 years.
  • Every court at lower, district, state level will be computerized before 2027. FSL teams have been made mandatory everywhere in Delhi in cases punishable by more than 7 years. It was also used in Kanjawala cases.
  • A victim statement has been made mandatory in cases of sexual violence. No case can be withdrawn without hearing the victim.
  • Summary trial has been implemented in case of sentence up to 3 years. The matter will be resolved soon. A decision has to be given within 30 days of the charge frame. The decision will be made available online within 7 days. The government will have to take a decision within 120 days.
  • There is provision for confiscation of property of declared criminals. There is provision of severe punishment against organized crime. A person who has sex by disclosing a false identity is classified as a crime.
  • Rape of a girl below 18 years of age is punishable by death.
  • Commutation of sentence against criminals:- A person sentenced to death may be commuted to life but shall not be released in any way. For the first time, terrorism will be defined and assets will be confiscated. The court will order, not the police.
  • There will be no more piles of broken down vehicles in police stations. It will be disposed of after videography.
  • There will be a provision to punish a maximum of 3 years each.
  • Sedition will end and organized crime and terrorism will be suppressed.
  • The Bill will be referred to the Standing Committee. Suggestions will be given for what other improvements can be made in this.

 

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