What are the three new criminal laws? | Explained

The Hindu

1 Jul 202408:26

Summary

TLDRFrom 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.

Outlines

00:00

🏛️ Indian Criminal Justice Reforms Overview

This paragraph discusses the introduction of new penal provisions in India, starting from July 1st, replacing the colonial-era Indian Penal Code of 1860 with the Indian Penal Code, 2023. It mentions the establishment of three new penal laws, the review of the new laws by a parliamentary standing committee headed by BJP MP Bridge Lal, and concerns over transparency and the increased police powers under the new laws. The paragraph also covers the expansion of definitions for offenses against the state and new provisions for sexual offenses, including stricter punishments.

05:01

📜 Changes in Indian Criminal Procedure and Evidence Act

The second paragraph outlines changes in the Indian Criminal Procedure and Evidence Act. It highlights the Supreme Court's decision to keep the sedition law and the extension of the definition of terrorism. It also discusses the introduction of community service as a form of punishment for petty offenses and the specification of magistrates' powers to impose more deterrent approaches to minor crimes. The paragraph further addresses the issue of police custody, the right to life under the Constitution, and the incorporation of safeguards for civil liberties, including the use of handcuffs and the period of police custody.

Mindmap

Keywords

💡Code of Criminal Procedure

The Code of Criminal Procedure is a set of laws that govern the procedures of the criminal justice system in India. It is integral to the video's theme as it discusses the changes and updates to this code, specifically the Criminal Procedure Code of 1973, which is being replaced by the Indian Penal Code and the Code of Criminal Procedure of 2023.

💡Indian Penal Code

The Indian Penal Code (IPC) is the primary criminal code of India, defining crimes and punishments. In the video, it is mentioned that the IPC of 1860 will be substituted by the new Indian Penal Code of 2023, indicating a significant update to the legal framework governing criminal offenses.

💡Parliamentary Standing Committee

A Parliamentary Standing Committee in India is a group of members of parliament that scrutinizes and reviews bills and issues. The video refers to the committee headed by BJP MP Bridge Lal, which is involved in the review of how the new laws have started controversy and questioning the lack of transparency in their functioning.

💡Transparency

Transparency in the context of the video refers to the openness and clarity with which the new penal laws are being implemented and their functioning. The script mentions that experts and jurists are questioning the lack of transparency in the functioning of the expert committee headed by Professor Ranbir Singh.

💡Legal Controversy

Legal controversy in the video pertains to the debates and disputes arising from the introduction of new penal laws. The script indicates that these controversies started right from the beginning with many legal experts questioning the transparency and the process of these laws.

💡Expert Committee

The Expert Committee mentioned in the video is a group headed by Professor Ranbir Singh, the former Vice Chancellor of National Law University, which was involved in drafting the new penal laws. The committee's work and the transparency of its functioning are under scrutiny in the video.

💡Citizen's Security

Citizen's security is a central theme in the video, discussing the new laws aimed at enhancing the safety and security of Indian citizens. The Indian Citizen Security Act and the BNS are mentioned as part of the new legal framework that will come into effect after parliamentary approval.

💡Terrorism

Terrorism is a significant concept in the video, with the new laws addressing acts of terror and their severe consequences. The script refers to new provisions that define terrorism and provide for stringent punishment, including life imprisonment and fines.

💡Sedition

Sedition is the act of inciting people to rebel against the authority of a state. In the video, it is mentioned that the new laws have redefined sedition, with Section 124A being a new provision that categorizes acts against the state and can lead to imprisonment and fines.

💡Rape Laws

Rape laws are a critical part of the video's discussion, highlighting the increased severity of punishment for the offense of rape. The script mentions that the minimum punishment for rape has been extended from seven to ten years, and in cases involving minors, the death penalty can be imposed.

💡Lynching

Lynching refers to the act of killing someone, typically by hanging, carried out by a group without a legal trial. The video discusses the new laws that make mob lynching and hate crimes separate categories of murder, with the offense defined under Section 103 and aiming to deal with cases involving five or more individuals.

💡Community Service

Community service as a form of punishment is introduced in the new laws discussed in the video. It is presented as an alternative to traditional imprisonment for petty offenses, aiming to impose a more corrective and rehabilitative approach to minor crimes.

💡Police Custody

Police custody is a legal term referring to the period during which a person is held in police detention. The video mentions changes to the laws regarding police custody, including the Supreme Court's decision to keep the arrest law in vans and the Union Government's consideration of stricter punishments.

💡Electronic Evidence

Electronic evidence in the video refers to the use of digital records and communications as part of legal proceedings. The new laws permit the admission of electronic evidence, underlining the importance of technology in the legal process and the recognition of its legal effect as equivalent to paper records.

💡Transgender Rights

Transgender rights are discussed in the context of the new laws, which aim to provide legal remedies against sexual offenses, including those faced by transgender persons. The video mentions the Supreme Court's decision to not criminalize consensual same-sex relationships, aligning with the broader theme of legal reform and inclusivity.

Highlights

Introduction of three new penal laws on August 11 last year.

Establishment of the Expert Committee headed by Professor Ranbir Singh, former Vice Chancellor of National Law University.

Concerns raised over increased police powers and lack of transparency in the functioning of the Expert Committee.

Amendments to the Indian Evidence Act, including new definitions and provisions.

Updates to the IPC with new definitions for crimes against the state and sovereignty.

Enhancement of punishments for sexual offenses, including rape, with new minimum sentences.

Introduction of provisions for mob lynching as a separate category of murder.

Update of the definition of terrorism under the new laws.

Inclusion of provisions for electronic evidence in legal proceedings.

Introduction of community service as an alternative form of punishment for petty offenses.

Updates to the Indian Citizenship Act and the Criminal Procedure Code of 1973.

Regulation on the use of handcuffs and the protection of civil liberties.

Supreme Court's decision to retain the Sedition Law in India and its implications.

Introduction of new provisions for hate crimes with specific definitions and punishments.