WHAT ARE THE LAWS THAT HAVE BERN REPLACED?

 

Indian Penal Code (IPC):

• Enacted in 1860, the IPC is the main criminal code of India, covering substantive aspects of criminal law, including definitions of crimes and punishments.
• Divided into 23 chapters with over 500 sections, it classifies crimes under various heads such as offenses against the state, public tranquility, and persons.
• Defines and penalizes offenses ranging from theft, assault, and murder to more complex crimes like fraud, defamation, and cybercrimes.
• Has undergone amendments to reflect societal changes and legal developments, maintaining its core principles of justice, deterrence, and rehabilitation.

Code of Criminal Procedure (CrPC):

• Enacted in 1973, the CrPC governs the procedural aspects of criminal law, ensuring fair trials and due process.
• Covers procedures for investigation, arrest, bail, trials, and sentencing, aiming to safeguard the rights of both victims and accused.
• Organized into 37 chapters with over 480 sections, outlining the roles of police, judiciary, and other stakeholders in the criminal justice system.
• Facilitates efficient and transparent administration of criminal justice, balancing the interests of justice with individual liberties.
• Regularly amended to adapt to legal reforms and ensure alignment with constitutional guarantees of fairness and equity.

Indian Evidence Act:

• Enacted in 1872, the Indian Evidence Act governs the admissibility and presentation of evidence in Indian courts.
• Provides rules and guidelines for the collection, examination, and presentation of evidence to establish facts in criminal and civil cases.
• Defines types of evidence (oral, documentary, and circumstantial), rules of relevancy, admissibility criteria, and privileges.
• Organized into 11 chapters with 167 sections, it ensures fair trials by preventing the admission of unreliable or prejudicial evidence.
• Applies across all courts in India, guiding judges, lawyers, and parties on the principles of evidence-based adjudication.

• These acts form the cornerstone of India’s criminal justice system, ensuring both substantive justice through the IPC and procedural fairness through the CrPC and the rules of evidence under the Indian Evidence Act.

NEWS OVERVIEW:

The recent implementation of three new criminal laws in India marks a significant overhaul in the legal framework, replacing longstanding codes such as the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. Named as the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam respectively, these laws have stirred widespread concerns about the readiness of the country’s policing and judicial systems for their enforcement.

 

• There have been reports of rudimentary training provided to station-house police personnel and sporadic workshops. An upgrade to the Crime and Criminal Tracking Network and Systems (CCTNS) aims to facilitate electronic filing of complaints. However, the overall preparedness across upper and lower echelons of the police remains uncertain.
• The laws were enforced on July 1 without adequate readiness, leading to fears of initial confusion and inefficiency in their application. Critics argue that more time should have been allocated for comprehensive training and preparation among law enforcement officials.

 

Criticism and Challenges:

 

1. Language and Naming: The new laws are criticized for their obscure Hindi names without English equivalents, posing accessibility challenges for non-Hindi speakers. This contrasts with historical precedents where changes in criminal laws retained English names for wider understanding and acceptance.

2. Legislative Process: There are concerns that the laws were not thoroughly debated in the legislature, despite a Parliamentary Standing Committee’s review and recommendations for changes. Limited public consultation also raised doubts about the transparency and inclusivity of the legislative process.

3. Provisions and Empowerment: Specific provisions, such as expanded police custody rights and the inclusion of terrorism as an ordinary criminal offense alongside existing anti-terrorism laws, raise concerns about potential misuse and citizen rights infringements. The flexibility given to states to amend these laws without clear timelines for presidential assent adds further uncertainty.

4. Impact and Uncertainty: While procedural reforms like mandatory FIR registration and the introduction of videography for searches and seizures are welcomed for enhancing transparency, there is palpable uncertainty about the overall impact of these laws on the criminal justice system. Questions linger about their effectiveness, especially in light of the hurried implementation amidst perceived inadequacies in preparedness.

 

In conclusion, the introduction of these new criminal laws represents a significant legislative shift in India, aiming to modernize and streamline legal procedures. However, the rushed implementation has sparked concerns about operational readiness, transparency, and potential implications for citizen rights and legal processes. As stakeholders navigate through the initial phase of adaptation, ongoing scrutiny and adjustments may be necessary to address emerging challenges and ensure effective implementation in the long term.

 

PYQ:

Year: 2021(prelims):

Question: Which one of the following statements is correct about the provisions made in the ‘Criminal Procedure Code’ (CrPC)?

     – (a) The Magistrate can pass a sentence for a term not exceeding three years

     – (b) In cognizable offenses, arrest of a person can be made only after an investigation is conducted

     – (c) If a person is accused of a bailable offense, the police cannot arrest him without a warrant

     – (d) None of the above

 

Year: 2019(prelims):

Question: Consider the following statements:

1. Under Criminal Law (Amendment) Act, 2018, stalking was made punishable by inserting Section 354D into IPC.
2. IPC 1860 was amended to provide legal support to women who are victims of acid attacks.

     – Which of the statements given above is/are correct?

     – (a) 1 only

     – (b) 2 only

     – (c)Both 1 and 2

     – (d) Neither 1 nor 2

Year: 2020(Mains):

Question: The role of public health institutions and their importance in the delivery of health services has been significantly emphasized in the National Health Policy, 2017. Discuss the challenges in the implementation of the policy in the context of mental health care in India. (Related to criminal laws concerning mental health and public health institutions).

Year: 2019(Mains):

Question: Discuss the constitutional validity of the provisions related to the criminal defamation in the Indian Penal Code. (Constitutional validity questions often touch upon criminal laws and their application).

Year: 2018(Mains):

Question: Discuss the role played by Information Technology in violating the rights of an individual. How does the Information Technology Act, 2000 attempt to protect an individual from these violations? (Relates to cyber crimes and their handling under criminal laws).