DAILY NEWS ANALYSIS

GS-II : Governance Governance

24 December, 2023
8 Min Read

Revised Criminal Reform Bill

The Centre withdraws all three criminal law Bills and introduces new set of draft legislations.

Why the criminal Bills are revised?

In August 2023, three Bills were introduced in Lok Sabha.

Introduced bills	Replaced
Bharatiya Nyaya Sanhita Bill, 2023 (BNSB)	Indian Penal Code (IPC), 1860
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)	Criminal Procedure Code (CrPC), 1973
Bharatiya Sakshya Bill, 2023 (BSB)	Indian Evidence Act 1872

Aim- To overhaul the existing criminal laws and make them more contemporary and comprehensive.

The three Bills were referred to the standing committee, they proposed key changes to the Bills.
Subsequently, the centre revamped criminal law Bills.

What were the revised reform Bills key changes?

About	First draft of the Bill	Revised Bills
Handcuffs	It was introduced to prevent the escape of individuals accused of serious offences. To ensure the safety of police officers and staff during arrests.	The term economic offences has been removed from handcuff provision. The use of handcuffs is extended to the persons who are produced before the court.
Mercy petitions	It allowed convicts undergoing death sentences or their legal heirs or relatives to file mercy petitions. The convict sentenced to death, or their legal heir or relative, can file a mercy petition to the Governor within 30 days after the jail authorities inform them about the disposal of their petition. If the Governor rejects it, they can appeal to the President within 60 days. The President's order is final and cannot be challenged in any court. It also allowed them to submit their plea to the Home Department of the Centre or the state government before approaching the Governor or the President.	It deleted the provision that allowed mercy petitions to be forwarded to the Home Department of the state government or the Centre for review. It is based on the committee’s suggestion that the judicial functions should not be left with Executive’s discretion.
Preventive detention	It allowed police officers to detain or remove persons resisting to conform to any direction given by them and taken them to Judicial Magistrate. In petty cases release them “when the occasion is past”.	It adds a time limit to this provision. It says that the person detained may be taken to magistrate or in petty cases be released as soon as possible within 24 hours. Judicial magistrate is replaced b Magistrate.
Community service	It has included community service as a penal measure for offences like attempting suicide, restraining exercise of lawful power theft, defamation of public functionaries, and appearing in public places while intoxicated and causing annoyance. There is no clear cut definition for community service.	It defines community service to mean 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 to any remuneration. It also adds community service as punishment for unlawfully engaging public servants in trade and non-appearance in response to a proclamation
Terrorism	It expanded the definition of terrorism beyond the Unlawful Activities (Prevention) Act, 1967 (UAPA). It included non-violent speech and acts that could intimidate, disturb or destabilise the public order or the political, economic, or social structures of the country as terrorism.	It removed the broad and vague definition of terrorism. It adopted the existing definition of UAPA 1967. UAPA defines terrorism as any act that threatens or strikes terror in the people or the sovereignty of India or any foreign country.
Mental unsoundness	It used the term "mental illness" to replace the concept of "mental unsoundness" in the existing laws, without acknowledging the difference between them. It could have serious implications for the rights and liabilities of persons with mental health issues.	The error has been corrected and restored the concept of mental unsoundness. The government has recognised the importance and ensuring consistency with the existing laws and the Mental Healthcare Act, 2017.

Bharatiya Nyaya Sanhita Bill, 2023

Recently, Bharatiya Nyaya Sanhita Bill 2023 was introduced in the Lok Sabha to replace Indian Penal Code (IPC), 1860.

What is IPC, 1860?

Lord Thomas Babington Macaulay is said to be the chief architect of codifications of criminal laws in India.

Origin- It was enacted aftermath the Rebellion of 1857 which is the brainchild of Thomas Babington Macaulay.
It was introduced by the British in 1860, making it the longest surviving code in the common law world.
Recommendation- It was based on recommendations of the 1^st Law Commission of India established in 1834 under the Charter Act of 1833.
Substantive law- It is a law which defines
- Rights and responsibilities in civil law
- Crimes and punishments in criminal law
Punishments- They are divided into 5 major sections.
- Death
- Imprisonment for life, general imprisonment
- Forfeiture of property and fine

What are the key features of the Bill?

New provisions- The bill includes offences related to organised crime and terrorism for the 1^st time.

Punishment-
- All types of gang rape -20 years of imprisonment or life imprisonment
- Rape of a minor - Death penalty
- Various offences have also been made gender neutral
Community service- The bill proposes community work as a penalty for minor transgressions, which will be included for the first time in the penal code.
- This brings it closer to the US, where acts like vandalism, petit theft, and drunk driving are punished.
Mob lynching- When a group of 5 or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member of such group shall be punished.
Criminalises sexual intercourse- It is criminalised under the false pretext of marriage or by deceitful means (false promise of employment or promotion, inducement or marrying after suppressing one’s identity).
- This is a notable change since IPC does not have an explicit clause dealing with instances of sexual intercourse based on a false promise of marriage
Adultery- The provision for the offence of adultery has also been omitted.
- This is in line with the Supreme Court’s ruling in Joseph Shine v. Union of India, 2018 in which criminalization of adultery in IPC is held as unconstitutional.
Struck Section 377- It does not include any punishment for unnatural sexual offences against men.
- It is in lines of Navtej Singh Johar vs Union of India 2018 case.
Marital rape- The provision legalising marital rape has been retained.
- The issue is currently pending in Supreme Court challenging the constitutional validity which provides exception to non-consensual matrimonial sex from the offence of rape.

What is the stand on offence of sedition?

The new Bill on IPC completely repeals the offence of sedition which is reflected in Section 124A of the IPC. The bill aims to give justice not punishment.

Offences against the State- It criminalises acts which endangers sovereignty, unity and integrity of India.
Wider definition- Section 150 criminalises aiding through financial means any acts of subversive activities or those encouraging feelings of separatist activities.
This is a wider definition than that recommended by the 22nd Law Commission of India.
Enhanced punishment- It is increased to 7 years imprisonment from the 3 years provided under Section 124A of the IPC

Committees for reform of Criminal Laws

Malimath committee- It was formed in 2003 to bring reforms in the criminal justice system.
The Committee recommended that the victim should be allowed to participate in cases involving serious crimes and also be given adequate compensation.
Justice Verma panel- It was formed to ensure quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. It submitted its report in 2013.
Ranbir Singh committee- It was formed in 2020 to review three codes of criminal law
- Indian Penal Code (IPC), 1860
- Code of Criminal Procedure (CrPC), 1973 and
- Indian Evidence Act, 1872

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