What are the three new criminal laws? | Explained

Summary

From July 1, India will replace its colonial-era criminal laws with three new penal laws. Introduced on August 11 last year, these laws were reviewed by a parliamentary committee. Controversy surrounds these laws due to concerns over transparency and increased police powers. Key provisions include stricter punishments for sexual offenses, mob lynching, and hate crimes, as well as new definitions for terrorism and sedition. The procedural code allows for extended police custody and the use of handcuffs. The new evidence act permits electronic evidence, maintaining most provisions from the old act. Critics worry about potential civil liberties violations.

Takeaways

• 📜 The Indian Penal Code of 1860 will be replaced by the new Indian Penal Code, 2023, which will come into effect across the country after parliamentary approval.
• 🔄 The Code of Criminal Procedure, 1973 will be replaced by the Citizen Protection Act, 2023, enhancing the legal framework for criminal proceedings.
• 🛡 Introduction of new penal provisions addressing issues like incitement to secession, rebellion, and activities endangering sovereignty and integrity of India.
• 🚨 Stricter punishments for offenses against the state, including life imprisonment and fines for acts of sedition and rebellion.
• 🔒 Enhanced provisions for sexual offenses, including an increase in the minimum punishment for rape from 7 to 10 years, and death penalty for rape of minors under 12.
• 📝 New definitions and clarifications for terms like 'consent' and 'sexual intercourse' under the new laws to better address sexual crimes.
• 👥 Community service introduced as a form of punishment for petty offenses, aiming for a more rehabilitative approach to minor crimes.
• 🚨 Stricter regulations on police custody, including limitations on the period of custody and requirements for recording reasons for detention.
• 🔎 Provisions for the use of electronic evidence, emphasizing the legal effect of electronic records under the new laws.
• 🏛 The Supreme Court's role in reviewing the constitutional validity of the new laws and ensuring they align with fundamental rights.
• 📈 Emphasis on transparency and due process in the functioning of the expert committees and parliamentary standing committees overseeing the new laws.

Q & A

What significant change did India introduce from July 1st regarding its penal laws?

India introduced three new penal laws, replacing the old ones, starting from July 1st, which were first introduced on August 11 of the previous year.

What is the role of the Parliamentary Standing Committee headed by BJP MP Brij Lal for the review of the new laws?

The Parliamentary Standing Committee, headed by Brij Lal, is responsible for reviewing the new penal laws and addressing the controversy surrounding them.

What concerns have been raised by experts and justices about the functioning of the expert committee headed by Professor Ranbir Singh?

Concerns have been raised about the lack of transparency in the functioning of the expert committee headed by Professor Ranbir Singh, the former Vice Chancellor of National Law University, which was involved in drafting the new laws.

How do the new penal laws address the issue of increasing powers under the new laws at the expense of civil liberties?

The new penal laws have introduced stricter punishments and provisions that may infringe upon civil liberties, such as the increase in the definition of sedition and the introduction of new provisions for punishment.

What changes have been made to the definition of sedition under the new laws?

The new laws have expanded the definition of sedition, including acts that incite violence or attempts to incite such acts against the government, by words, either spoken or by visible representation, or by signs or by electronic communication.

What are the implications of the new provision under Section 124A of the IPC for offenses against the state?

Section 124A of the IPC, under the new laws, categorizes offenses against the state more broadly, making it easier to prosecute individuals for sedition with harsher punishments, including life imprisonment and fines.

How have the new laws changed the provisions for sexual offenses, particularly in relation to minors?

The new laws have increased the minimum punishment for sexual offenses involving minors, extending the definition of rape to include death penalty cases and making mob lynching and hate crimes separate categories of murder.

What is the significance of the introduction of Section 69 in the new laws?

Section 69 introduces a new provision that allows for the interception of communications under certain circumstances, which could potentially infringe upon privacy rights.

How do the new laws address the issue of consent in sexual relationships between adults?

The new laws have clarified the definition of consent, emphasizing that it must be explicit and cannot be assumed, and have introduced provisions to deal with cases of sexual assault more effectively.

What changes have been made to the provisions for terrorism under the new laws?

The new laws have adopted a new definition of terrorism, incorporating the definition provided under the Unlawful Activities Prevention Act, and have introduced stricter punishments for terrorist activities.

How do the new laws enhance the investigative powers of the police?

The new laws have given the police more powers to arrest and detain suspects, including the use of handcuffs and the ability to obtain special orders from magistrates for searches and seizures.