SUGGESTIONS FOR 3 NEW CRIMINAL BILLS (Syllabus: GS Paper 2 - Polity)

Context: The Centre has decided to withdraw the three new criminal law bills from Lok Sabha to bring in new draft laws, reflecting some of the changes suggested by the Parliamentary panel.

Key Changes and Provisions

• Bharatiya Nyaya Sanhita (BNS), 2023, replaces the Indian Penal Code (IPC), 1860.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces The Code of Criminal Procedure (CrPC), 1973 (originally enacted in 1898).
• Bharatiya Sakshya (BS) Bill, 2023, replaces the Indian Evidence Act, 1872.

New Suggestions in Bills

• The BNS 2023 is meant to replace the Indian Penal Code (IPC), which provides protection from prosecution to a person of unsound mind.
• The committee has accordingly recommended that the word ‘mental illness’ in this Sanhita may be changed to ‘unsound mind’.
• the committee has expressed concerns there is a need to retain the provision to safeguard the sanctity of the institution of marriage, while it can be tweaked to address the gender discrimination aspect.

New provisions in Bills

• Mob lynching is subject to penalties of seven years imprisonment, life imprisonment, or the death penalty.
• Fast-track justice is facilitated through video trials and electronic filing of First Information Reports (FIRs).
• The definition of sedition has been broadened, and provisions against corruption, terrorism, and organized crime have been strengthened.
• New forms of punishment, such as community service and solitary confinement, have been introduced.