The laws – the Bharatiya Nyay Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act will replace the British-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872.
Following are major changes introduced in the laws:
Terrorism defined for the first time
Terrorism has been defined for the first time in the Bharatiya Nyaya Sanhita making it a punishable offence under Section 113 (1).
The laws define a terrorist as one who commits any act in India or in any foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order. There is also a provision for attaching the property of the terrorist.
Acts related to terrorism have been made punishable with death penalty or life imprisonment without parole.
The definition includes ‘damage to property, or manufacture or smuggling of currency’.
Sedition repealed
The BNS Bill repeals the sedition provisions of the Indian Penal Code, 1860.
It has been replaced with Section 152 of the Bharatiya Nyaya Sanhita.
Sections that focus on acts of threatening unity and integrity of the nation have been introduced.
Crimes against Women and Children
The Bharatiya Nyaya Sanhita has introduced a chapter titled ‘Crimes against Women and Children’ to address sexual offenses.
Further, the Sanhita is recommending modifications to provisions relating to rape of women under the age of 18.
The provision relating to the gang rape of a minor woman has been made consistent with the Protection of Children from Sexual Offences Act (POCSO).
A provision for life imprisonment or the death sentence in cases pertaining to rape of women under the age of 18 has been made.
As per the law, whoever commits rape shall be punished with rigorous imprisonment of not less than 10 years, but which may extend to imprisonment for life, and shall also be liable to fine.
For gang rape, there is a provision for punishment of 20 years imprisonment or life in jail.
Further, sexual exploitation of women on the pretext of marriage, job, promotions or by hiding identity will be considered a crime.
Organized crime defined for the first time
A new section related to organized crime has been added and the term has been defined for the first time under Bharatiya Nyaya Sanhita 111 (1).
The definition covers armed rebellion, subversive operations, separatist activities, and any act that threatens India’s sovereignty, unity, and integrity.
Punishment includes death penalty, life imprisonment, fines or jail upto seven years for various offences.
Enhancement of minimum punishment for ‘mob lynching’
For the first time, the original Bill classified mob lynching and hate crimes as separate types of murder.
The Act seeks to award maximum capital punishment for crimes such as mob lynching.
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Life sentence for anti-national acts
The laws provide for a stricter punishment in case of acts related to “armed rebellion or subversive activities”.
It states that anyone purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
Speedy trial and justice
Under the new laws, the chargesheet will have to be filed within 90 days, and the court can give permission for another 90 days looking at the situation.
Probe would have to be finished in 180 days and sent for trial.
Further, the Police will have to provide a status update on a case within 90 days.
After trial, the judgment will have to be given in 30 days. It will have to be uploaded online within a week.
For cases entailing less than three years of imprisonment, a summary trial will be enough. This will reduce cases in session courts by 40 per cent.
The practice of filing zero FIR has been institutionalized. FIR can be filed anywhere, regardless of where the incident occurred.
Victim’s right to information has been strengthened. The victim has the right to receive a free copy of the FIR. There is provision regarding informing the victim about the investigation’s status within 90 days.
The new code will establish special courts to ensure speedy justice in criminal cases.
Other provisions
Handcuffs would be used only on criminals charged with select heinous crimes excluding ‘economic offences’, as per the new law.
Further, severe penalties have been introduced in case of acts that lead to near-disability or permanent disability.
To stop the political use of punishment waivers by governments, a new provision has been made in the laws that death sentences can only be converted to life imprisonment, and life imprisonment can be pardoned only within seven years of punishment.