What are the 3 New Criminal Laws in India | Old & New Explained

Summary

This video discusses the proposed replacement of India's colonial-era criminal laws with new legislation. It explores the objectives behind the change, the potential impact on justice, and the challenges of implementation. The video also critically analyzes the new laws' gender neutrality, efficiency, and recognition of modern crimes.

Takeaways

• 🏛️ India has numerous British-era buildings and laws that are being reconsidered for demolition or replacement due to their outdated nature.
• 🔄 The Indian Parliament is proposing to replace three major criminal laws, reflecting changes in crime nature and methods over the last century.
• 🌐 The new laws aim to address the emergence of modern crimes like cybercrime, which were not contemplated when the old laws were drafted.
• 📚 The objective of the government in bringing these laws is to ensure timely justice, fair trials, and fair compensation for victims.
• 📖 The Indian Penal Code (IPC), Criminal Procedure Code (CRPC), and Evidence Act are the existing laws being replaced to modernize the legal system.
• 🆕 The new laws include Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Sanhita, which aim to be more comprehensive and relevant to current societal needs.
• 🔗 The new laws are designed to be gender-neutral, addressing a major criticism of the old laws, and include provisions for new crimes and stricter penalties.
• ⏳ Efforts are made to streamline the legal process, with a goal to deliver equitable justice within three years and set strict timelines for charge-sheets.
• 🌐 The new laws also aim to digitize the legal system, involve forensic teams, and mandate video recording of statements to enhance transparency and efficiency.
• 🏛️ The enactment process involves a comprehensive review, public suggestions, parliamentary review, and presidential assent before the bills become acts.
• 🤔 The success of these new laws will depend on their proper implementation and the ability of the legal fraternity to adapt to the changes.

Q & A

Why are some British-era buildings in India being compared to the existing criminal laws?

The comparison is made to highlight the outdated nature of both. Just as the British-era buildings were constructed before India's independence and may no longer be relevant or functional, the existing criminal laws were created during the British era and may not adequately address the modern nature of crimes and society.

What is the significance of the changes in the nature of crimes over the last 100 years?

The changes in the nature of crimes, including the emergence of cybercrime, highlight the need for updated laws that can effectively address contemporary issues. This justifies the replacement of the old laws with new ones that are better suited to handle modern criminal activities.

What are the three main objectives of the government in bringing new criminal laws?

The three main objectives are to understand the objective behind the new laws, assess whether the change in their name reflects a significant change in the laws themselves, and determine if the problems existing in the old system have been resolved by the introduction of the new laws.

What are the three key aspects to consider when evaluating the effectiveness of criminal laws?

The three key aspects are timely justice, a fair trial for the accused, and fair compensation for the victim. These factors are crucial in determining whether a criminal law system is functioning effectively and justly.

Why were the Indian Penal Code (IPC), Criminal Procedure Code (CRPC), and Evidence Act created?

These acts were created to provide a legal framework for defining crimes (IPC), outlining the procedures for arrest, investigation, bail, and trial (CRPC), and establishing the rules for evidence admissibility, burden of proof, and expert opinion (Evidence Act). They were designed to ensure uniformity and certainty in the legal system.

What is the problem with the existing criminal laws that necessitates their replacement?

The existing laws, created during the British era, are outdated and not gender-neutral. They also have complicated structures and colonial references that are no longer relevant. The new laws aim to address these issues and bring the legal system in line with modern societal needs.

What are the new laws proposed to replace the existing ones?

The new laws proposed are the Bharatiya Nyaya Sanhita (to replace the IPC), the Bharatiya Nagarik Suraksha Sanhita (to replace the CRPC), and the Bhartiya Sakshya Sanhita (to replace the Evidence Act). These new laws aim to be more comprehensive and relevant to current societal needs.

How do the new laws address the issue of gender neutrality?

The new laws have been made gender-neutral from the perpetrator's perspective. For example, crimes like 'Outraging the Modesty of a Woman' can now be committed by both men and women, allowing cases to be filed against either gender.

What are some of the new crimes that have been codified in the new laws?

The new laws include provisions for crimes that were not previously codified, such as false promise to marry, mob lynching, organized crime, offenses of a terrorist act, and snatching.

What are the major criticisms and flaws of the new bills as discussed in the script?

The major criticisms include the imposition of Hindi names, the necessity of replacing rather than amending the existing laws, and concerns about the practical implementation of the new laws given India's current infrastructure. There are also questions about the impact on the legal fraternity, including the need for changes in syllabus, court procedures, and lawyers' re-education.

How will the new bills become acts, and what is the process involved?

The bills will be reviewed by a standing committee of the Parliament, which will suggest any necessary changes. Both houses of Parliament will then need to pass the bills, and the President must give assent for them to become acts. The process also involves public consultation and a comprehensive review of the current criminal laws.