Transforming Legal Landscape: Proposed Changes to Indian Penal Code, Criminal Procedure Code, and Evidence Act
Introduction
In a landmark move, the Union Home Minister has introduced three transformative bills in the Lok Sabha, heralding radical changes to the cornerstone of India's legal framework: the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act. With the objective of modernizing and reinvigorating the country's legal structure, these bills aim to repeal outdated laws and introduce provisions that align with contemporary realities.
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| Bill introduced in Lok Sabha for radical changes in Indian Penal Code, Criminal Procedure Code, Evidence Act |
Evolution of India's Legal Framework
The Indian Penal Code, a relic of the British era, was drafted in 1860, while the Code of Criminal Procedure was enacted in 1973, and the Indian Evidence Act took shape in 1872. The proposed bills represent a groundbreaking departure from these historical foundations, ushering in a new era of legal norms that reflect the dynamics of the modern world.
Indian Judicial Code Bill, 2023: Key Highlights
The Indian Judicial Code Bill, 2023, envisages a comprehensive revamp of criminal laws. Among its salient features:
- Revised Definitions: Crimes such as terrorism, separatism, and armed rebellion are defined, while the outdated offense of sedition is repealed.
- Punishment for Mob Lynching: The bill introduces the death penalty as the maximum punishment for mob lynching, highlighting the gravity of this crime.
- Protecting Women's Rights: It proposes a stringent 10-year imprisonment for engaging in sexual relations with women under false promises of marriage.
- Community Service and Prison Reform: The bill introduces community service as a form of punishment for specific offenses, a step towards criminal reform and decongestion of prisons.
- Timely Proceedings: The bill establishes a 180-day limit for filing charge sheets, ensuring that cases are expedited.
Indian Civil Defense Code Bill, 2023: Key Reforms
The Indian Civil Defense Code Bill, 2023, focuses on strengthening the criminal justice system and victim protection:
- Empowered Survivors: The bill mandates the video recording of statements of survivors of sexual violence, enhancing transparency and accountability.
- Police Accountability: It requires the police to inform victims about the status of their complaints within 90 days, promoting transparency and communication.
- Balanced Approach to Arrests: Section 41A of the CrPC is renumbered as Section 35, preventing arrests without prior approval for offenses punishable with less than 3 years' imprisonment or involving individuals above 60 years.
- Consultation with Victims: The bill stipulates that police must consult victims before withdrawing cases punishable with seven years or more.
- Admissibility of Electronic Records: Magistrates are empowered to take cognizance of offenses based on electronic records like emails, SMS, and WhatsApp messages.
- Mercy Petitions and Sentence: In cases of death sentences, mercy petitions must be filed within 30 days to the Governor and within 60 days to the President.
Indian Evidence Bill, 2023: Harnessing Technological Advances
The Indian Evidence Bill, 2023, embraces technological progress in the legal landscape:
- Electronic Evidence: The bill defines electronic evidence and acknowledges its role in modern litigation.
- DNA Evidence Framework: Special provisions are introduced for admissibility of DNA evidence, encompassing aspects such as consent and chain of custody.
Conclusion
The introduction of these visionary bills signals a transformative chapter in India's legal narrative. As the country evolves, so must its legal system. These bills, if enacted, promise a more just, transparent, and contemporary legal framework that safeguards the rights of individuals while addressing the complexities of the modern world.
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