No Comments
On Friday, Union Home Minister Amit Shah brought three bills to the Lok Sabha to revoke the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure. All of these laws were made by the British.
The Bharatiya Suraksha Sanhita Bill, 2023, says that the maximum sentence for a mob lynching is death, and it says that a person should spend ten years in jail if they have sexual relations with a woman under the false promise of marriage. The Bill, on the other hand, says that “sexual activity between a man and his own wife, as long as the wife is over the age of eighteen, is not rape.”
According to Mr. Shah, the clause pertaining to sedition has been repealed. According to Mr. Shah, the proposed Bill introduces a comprehensive definition of terrorism and encompasses various offences such as separatism, armed rebellion against the government, and challenging the sovereignty of the country. These offences were previously addressed under separate legal provisions. Additionally, Mr. Shah stated that the Bill includes provisions for the court-ordered confiscation of property.
Mr. Shah said that the 313 changes in the Bill will make a huge difference in the criminal justice system.
Mr. Shah has proposed three new bills—the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; the Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and the Bharatiya Sakshya (BS) Bill, 2023—to replace the Indian Penal Code (1860); the Criminal Procedure Act (1898); and the Indian Evidence Act (1872). He formally requested that the legislation be forwarded to the House of Representatives’ Standing Committee on Home Affairs.
In cases of sexual violence against women, survivors’ statements must be recorded on video, according to Mr. Shah.
Minister: “A separate category of crime has been created for marrying or having sexual relations with a woman under false pretences, by presenting false credentials.”
He said the police must update the victim within 90 days on the progress of a complaint, and that they must have the victim’s consent before dropping any charges that carry a sentence of seven years or more.
He said that certain crimes will now be punished with community services.
The maximum amount of time you have to make a chargesheet is 180 days. The cops can’t always accept the excuse that an investigation is going on. Police will have 90 days to file a charge sheet. The court can give them another 90 days, but not more, he said.
He stated that the government of the day must determine prosecution sanction against police officers and government employees within 120 days, or else it will be deemed permissible.
Courts often call on retired police officers to testify, but we’ve agreed that the SP (Superintendent of Police) in charge right now will go through files and present facts to the court. This is a huge change. In the past, cases like these were held up because the person in charge was out on a field visit, the Minister said.
OTT India updates you with the latest news, Country’s no.1 digital news platform OTT India, Keeps you updated with national, and international news from all around the world. For more such updates, download the OTT India app on your Android and IOS device.
