Nyaysaarathi Legal LLP Blog New Acts to Replace IPC, CrPC and Evidence Act

New Acts to Replace IPC, CrPC and Evidence Act

Click on images to download new IPC, CrPC and Evidence Act bills.

The New भारतीय न्याय संहिता विधेयक, 2023, भारतीय दंड संहिता (IPC) को बदलने का उद्देश्य रखता है जो ब्रिटिश शासन के दौरान से लागू है। इस नए विधेयक में देश में वर्तमान अपराधिक कानूनों में कई संशोधनों का प्रस्ताव है, जिसमें देशद्रोह, नामजदगी, महिलाओं के खिलाफ अपराध और आत्महत्या जैसे मुद्दों से संबंधित कुछ बदलाव शामिल हैं|

The Bharatiya Nagarik Suraksha Sanhita Bill of 2023 was introduced on August 11, 2023, to replace the Criminal Procedure Code of 18981. It initiates comprehensive modifications within its 533 segments, revising 160 sections, introducing 9 novel sections, and abolishing 9 sections. The bill amends provisions on bail, expands the scope of property seizure, and alters powers of police and Magistrates. The BNSS mandates forensic investigation for offences punishable with seven years of imprisonment or more. Forensic experts will visit crime scenes to collect forensic evidence and record the process. All trials, inquiries, and proceedings may be held in electronic mode. Production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial. If a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, the trial can be conducted, and judgement pronounced in his absence. Along with specimen signatures or handwriting, finger impressions and voice samples may be collected for investigation or proceedings. Samples may be taken from a person who has not been arrested. The BNSS allows up to 15 days of police custody, which can be authorized in parts during the initial 40 or 60 days of the 60- or 90-days period of judicial custody. This may lead to denial of bail for the entire period if the police have not exhausted the 15 days custody. The powers to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act.

The Bharatiya Sakshya Bill, 2023 is a proposed bill that aims to replace the Indian Evidence Act, 1872. The bill consists of 170 sections and was introduced by the Home Minister of India, Amit Shah, in Lok Sabha on August 11, 2023. The bill retains most provisions of the Indian Evidence Act, including those on confessions, relevancy of facts, and burden of proof. However, it also introduces some changes, such as the classification of electronic records as primary evidence and the expansion of such records to include information stored in semiconductor memory or any communication devices (smartphones, laptops). The bill also allows for evidence of digital records (such as email) to be given in court.

New Bills! Alert/Warning! Do not ignore! Read Below.

Since the Indian government introduced new bills to amend and replace the existing IPC, CrPC, and Evidence Act, various propaganda news channels, media personalities, influencers, and others have become active. These sources are disseminating distorted information about the content and implications of the new bills, aiming to incite and provoke the public against their own government. Recognizing that not everyone will take the time to independently verify the details of the laws outlined and the changes introduced by the new bills, it is essential to exercise patience. We strongly recommend consulting legal professionals for a more comprehensive understanding. Avoid falling prey to manipulative individuals and organizations through misinformation and stay informed through reliable sources.

Press Release by Union of India

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