Punishments get stringent as IPC, CrPC become history

India woke up to a new set of criminal laws on July 1 that replaced colonial-era regulations, including the 164-year-old Indian Penal Code (IPC).
While the Bharatiya Nyaya Sanhita (BNS) replaced the IPS, the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), relegated the Indian Criminal Procedure Code (CrPC) and the Indian Evidence Act, respectively, into the annals of history.

The change was not confined to the Sanskritised names; several sections in the criminal laws, too, were changed. However, cases registered till now would follow the previous criminal laws.

Union Home Minister Amit Shah had introduced the draft bills to replace the criminal laws in August 2023. The bills were later revamped and reintroduced in Parliament on December 13. The President gave assent to the bills on December 25.

Speaking to Manorama, Advocate AR Abhilash of the Supreme Court said India had comprehensive criminal laws, but they reflected the colonial mindset.
"India will have laws centered on society rather than on criminals. New punitive measures have been included in tune with the times. Snatching mobile phones, and hit-and-run have been criminalised. It reflects changes in concomitant with modern times. An accused could be kept in police custody for 15 days, but Bharatiya Nyaya Sanhita has extended it to 90 days. It may be questioned. The changes in the penal code would definitely affect the people," he said.

"The Bharatiya Nyaya Sanhita will 100 per cent lead to fresh litigation. The courts will be alert. The police rely on digital evidence to prove crimes across the country. Steps initiated to collect digital evidence will not amount to a breach of privacy. Such apprehensions are baseless. However, the government and the judiciary should ensure that the law enforcement agencies' search for digital evidence would not encroach individual freedom," Adv Abhilash added.

Major changes
•Defamation and theft of articles valued below Rs 5,000 and similar crimes will invite new punishment like community service
•Mob lynching based on caste, creed or community be punished with a life sentence or death
•Victims of crime will get importance
•Victims of crime will have the right to express views, get information and compensation
•The zero FIR provision mandates the filing of FIRs from anywhere in the country
•Though treason has been dropped, it is replaced with sedition. Encouraging sedition, and challenging India's sovereignty, integrity and unity will be punishable under Section 152

New chapter to protect women and children
•A new chapter, Crime Against Women and Children, has been introduced to check sexual assaults
•In cases of gang rape of minor girls, the relevant sections and POCSO Act will be simultaneously considered. Those convicted would get a life term or death.
•Gang-rape cases will invite 20 years or a life term in prison. Sexual exploitation on false promises of marriage has been criminalised.

Terrorism re-defined
•Terrorism or terrorist acts would invite a life sentence without parole or death
•Causing damage to public or private property, too, falls under the section
•Organised anti-national activities have been defined as organised crime
•The section also includes cases of armed rebellion, subversive and separatist activities, and questioning the country's sovereignty.

Minor crimes, major punishments
•Minor crimes will be punished with a prison term of up to seven years
•Crimes resulting in the death of a person/persons will invite a death or life sentence, besides a fine of not less than Rs 10 lakh. Those helping the accused will also be punished
•Severe punishment for making anyone handicapped or almost handicapped.

Punishment for medical negligence
•Section 106 says death due to medical negligence shall be punished with imprisonment of five years, and shall also be liable to a fine
•If the death is due to the rash or negligent act of a registered medical practitioner, he shall be punished with imprisonment for two years and a fine.