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The new criminal laws come into effect in July, please state the new names and changes occured in the laws also it effect on the society in the long run.
The three new criminal laws which will come into effect from July 1st are Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023. The laws will replace the Indian Penal code,1860(IPC), the code of criminal procedure,1973(CRPC),and the Indian EvideRead more
The three new criminal laws which will come into effect from July 1st are Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.
The laws will replace the Indian Penal code,1860(IPC), the code of criminal procedure,1973(CRPC),and the Indian Evidence act ,1872(IEA) respectively.
1)Bharatiya Nyaya Sanhita ,2023:
UAPA’s definition of ‘terrorist act’ adopted :
Section 113 of the act has modified the definition of the crime of terrorism to entirely adopt the existing definition under section 15 of the unlawful activities act, 1967(UAPA)
* Damage to monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency,coin or of any other material has also been added as a terrorist offence.The offence is punishable with death or imprisonment for life.
Crimes against women and children:
Provisions related to the gang rape of a minor woman are consistent with the protection of children from sexual offences act(Pocso)
*A provision for life imprisonment or death penalty in the case of girls below 18 years of age has also been made.
* Innovative legal procedures:
Features like zero FIR allow complaints to be field at any police station, streamlining the information of legal action.
*Mental illness replaced by unsoundness of mind
* Enhancement of minimum punishment for mob lynching
2) Bharatiya Nagarik Suraksha Sanhita,2023:
*Community service defined;
Under section 24, work which the court may order a convict to perform as a form of punishment that benefits the community,for which he shall not be entitled by any remuneration.
* A magistrate of the first or second class has been specifically empowered to impose this punishment to encourage a more reparative approach to minor crimes.
*Handcuffing:
It should be restricted to select heinous crimes like rape and murder instead of extending its usage to persona who have been accused of committing economic offences.
*Preventive detention powers:
The detained person must be produced before the magistrate or released in petty cases within 24 hours.
3) Bharatiya Sakshya(Second),2023:
*Admissibility of electronic evidence:
Section 61 of the original bill allowed the admissibility of electronic evidence by underscoring that an electronic record shall have the same legal effect as a paper record.
*This provision bas now been revised to state that the admissibility of an electronic record is subject to section 63(corresponding to the requirement of a certificate under section 65 B of the Indian Evidence act)
See lessWhat is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
The "basic structure" doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of KeshavaRead more
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.
See lessWhat is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
The "basic structure" doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of KeshavaRead more
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.
See less