Old IPC and CRPC: will be changed 2023

The Old IPC and CRPC formulated by the British will be changed: Death penalty for mob lynching, rape of minors, sedition will now be treason; to be presented in the Lok Sabha.

Old IPC and CRPC

Old IPC and CRPC: The laws from the British era will come to an end. On the last day of the monsoon session, August 11, the Union Home Minister Amit Shah introduced a bill in the Lok Sabha to make changes to three fundamental laws that are 163 years old. The biggest change pertains to the sedition law, which will be brought in a new form.

This bill includes the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Evidence Act.

Several sections and provisions will now be changed. There are currently 511 sections in the IPC, and now 356 will remain. 175 sections will be modified. 8 new sections will be added, and 22 sections will be abolished. Similarly, in the CrPC, 533 sections will remain.

Old IPC and CRPC: 160 sections will be modified, 9 new ones will be added, and 9 will be abolished. The provision for conducting video conferencing from interrogation to trial, which was not present before, will be introduced.

The most significant change is that now the trial court must deliver every verdict within a maximum of 3 years. There is a backlog of 5 million pending cases in the nation. Out of these, 4.44 crore cases are in trial courts. Similarly, out of 25,042 positions for judges in district courts, 5,850 positions are vacant.

All three bills will be sent to parliamentary committees for examination. After that, they will be passed in the Lok Sabha and the Rajya Sabha

Old IPC and CRPC: Three major changes to these laws

Sedition is now Treason: The term “sedition,” inherited from British colonial times, will be replaced with “treason.” The provision will be stricter. Under Section 150, any act against the nation, whether spoken, written, or expressed through symbols, images, or electronic means, can result in imprisonment of up to 7 years. It will be considered an offense against the unity and sovereignty of the country. The term “terrorism” will also be defined. Currently, under IPC Section 124A, sedition is punishable with imprisonment up to 3 years.

Community Service for Minor Offenses: For the first time, minor offenses (such as creating a disturbance under the influence of drugs, theft of less than 5,000 rupees) could lead to a 24-hour punishment, a fine of one thousand rupees, or community service. Currently, such offenses lead to jail time. This law exists in the US and the UK.

Mob Lynching: Provision for the death penalty. If five or more people commit murder based on caste, race, or language, they could face a minimum of 7 years in prison or the death penalty. Currently, there is no specific law for such cases. Action is taken under Section 302, 147-148.

Within 180 days, charge sheet to be filed, and within 30 days after trial, a verdict must be delivered.

Old IPC and CRPC: The police will have to file a charge sheet within 90 days, which the court can extend to 180 days. However, the investigation must be completed within a maximum of 180 days, and the trial court must deliver a verdict within 30 days. The verdict must be uploaded online within a week. Brief hearings will be sufficient for cases with less than a 3-year sentence. This aims to reduce pending cases in the session court by 40%. The goal is to expedite trials and increase the conviction rate to 90%.

Limited Political Use of Sentence Remission: A new provision has been introduced to ensure that the government cannot politically misuse the power to grant sentence remission. The provision for the death penalty can only be commuted to life imprisonment or imprisonment for a maximum of 7 years.

This ensures that influential individuals cannot evade the law through political influence. The government will not be able to withdraw cases involving imprisonment for 7 years or more without consulting the victim.

Zero FIR: A First Information Report (FIR) can now be filed anywhere in the country. Legal provisions will also be linked to Zero FIRs. Previously, Zero FIRs did not have associated legal provisions. A Zero FIR must be forwarded to the relevant police station within 15 days. In each district, police officers will provide a certificate to the families of arrested individuals, stating that they are responsible for the arrested person. This information will be provided online and in person.

  • Creating Relationships and Marriage by Concealing Identity: Creating relationships or marriages by concealing one’s identity, providing inducements of marriage, employment, or promotion, or committing sexual harassment through deception will now be considered a crime.
  • From FIR to Verdict, All Online: From validating digital records to making the entire system from FIR to court verdict paperless and digital, the process will be transformed. Video recording of searches and seizures will be done. Investigation and research will be based on forensic science. For offenses with sentences of 7 years or more, forensic teams will be dispatched to the scene. All courts will be computerized by 2027

These changes have also been made: Giving a bribe to a voter during elections will lead to one year of imprisonment. A person committing an offense for the first time will be granted bail after serving one-third of the total sentence in jail. Trials can proceed even in the absence of proclaimed offenders. Trials for criminals like Dawood will be possible. Permission must be granted within 120 days to prosecute civil servants.

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