New Delhi:
On Monday (July 1), the British-era law came to an end in the country. In their place, three new laws, the Indian Judicial Code, the Indian Civil Protection Code and the Indian Evidence Act, came into force. Among them, the Indian Penal Code will replace the IPC (1860). The CrPC (1973) has been replaced by the Indian Civil Protection Code and the Evidence Act (1872) has been replaced by the Indian Evidence Act (Indian Evidence Act).
After the implementation of the law, Home Minister Amit Shah said that after 77 years of independence, the criminal justice system has become completely indigenous. Now there will be justice instead of punishment. Cases will have speedy trial instead of delay. Also the most modern criminal justice system will be created.
Adequate consultation was done before deciding to implement new criminal laws: Arjun Ram Meghwal
However, the new law will not affect cases registered before July 1. That is, the investigation till trial of cases registered before July 1, 2024 will be part of the old law. FIRs are being registered under the new law from July 1 and investigations and trials will be completed accordingly. Now know the first 3 new laws:-
20 new offenses added to Indian Penal Code
There are 358 articles in the Indian Judiciary Code. IPC had 511 sections. 20 new offenses have been added to the Indian Penal Code. In which the prison sentence has been increased in 33 crimes. At the same time, the penalty amount has also been increased for 83 offences. Mandatory punishment has been introduced in 23 offences. 6 The offense carries a sentence of community service. 19 sections have been removed.
44 New Provisions in the Indian Civil Defense Code
There are total 531 sections in the Indian Civil Defense Code. Earlier CrPC had 484 sections. The provisions of 77 sections of the Indian Civil Defense Code have been amended. 9 new sections have been added. 39 new sub-sections have also been added. Apart from this, 44 new provisions have also been kept. Audio-video provision has been added at 35 places. 14 sections have been removed.
New criminal laws will come into force from July 1, know what will change
170 Provisions in the Indian Evidence Act
The Indian Evidence Act, which has been replaced by the Evidence Act, will have 170 provisions. A total of 24 provisions of the Act have been changed. 2 new and 2 new subsections have been added. 6 clauses have been removed from the Act.
Balance on police power
The Indian Civil Protection Code has placed an additional onus on the state government to prevent misuse of provisions relating to police arrest. The State Government shall maintain the information of all arrests and arrestees. Such information is required to be prominently displayed in every police station and district headquarters.
Anyone can register a zero FIR anywhere
Under the new Criminal Act, any citizen can lodge a zero FIR anywhere in connection with a crime. The case will be sent to the concerned police station for investigation. If zero FIR relates to an offense punishable by 3 to 7 years; So the evidence has to be examined by the forensic team.
Murder is no more ‘302’, ‘103’… IPC ends, law comes into force from today, know everything
You can lodge e-FIR at home
Now FIR can also be registered through e-information. E-FIR can also be lodged in serious cases like murder, robbery or rape. You can also give information to the police through voice recording. However, in such cases, the complainant has to reach the police station within 3 days and sign the FIR copy. According to the new law, the prosecutor can take questions of the accused from the police if he wants.
Sexual exploitation under the pretext of marriage has now become a crime
According to the new law, a total of 36 sections of the Indian Penal Code provide for offenses against women and children. Now a case of rape will be registered under section 63. Section 64 provides for a maximum imprisonment of life and minimum imprisonment of 10 years for the offender. Similarly, sexual exploitation on the pretext of marriage will now come under the category of crime.
Adultery is no longer a crime
Adultery has also been removed from the criminal laws, no longer a crime. In the year 2018, in the case of Joseph Shine v Union of India, the Supreme Court declared Section 497 of the IPC unconstitutional. The rules of adultery are explained in this section.
How to lodge FIR at home after implementation of new law, know complete procedure here
Death penalty for gang rape of a minor
In addition to women, new provisions have been made for children in the Indian Judicial Code. Under Article 70(2), every person involved in the crime of gang rape or attempted rape of a minor is punishable with death. Under Section 70(1), the offense of gang rape of a woman provides for life imprisonment and a minimum sentence of 20 years. Earlier, under Section 376 (D and B) of the IPC, the maximum punishment was death for gang rape of girls below 12 years of age and life imprisonment for gang rape of girls above 12 years of age.
If you seduce a woman and have illicit relations, you will be jailed
Under Section 84 of the Indian Judicial Code, it will now be an offense to take away a married woman by threat or enticement with intent to have illicit relations. 2 years imprisonment and fine.
Forced sexual intercourse with a minor wife is rape.
Rape is defined in Article 63 of the Indian Penal Code. Now if a man forcibly has sex with his wife and the age of the wife is more than 18 years, it will not be considered as rape. While forcible sexual intercourse with a minor wife will be considered as rape.
Separate law for mob lynching
The new criminal law also made a separate law for mob lynching. Offenses causing bodily harm are covered under Sections 100-146. A case of mob lynching is punishable by 7 years imprisonment or life imprisonment or death penalty. Apart from this, a case will be registered under section 103 in the case of murder. Section 111 provides for punishment for organized crime. Section 113 describes the Terror Act.
State governments can no longer unilaterally close cases
State governments can no longer unilaterally close cases related to political cases (dharnas, demonstrations and agitations by party workers). In case of protest or disturbance, the complainant is a common citizen, then his permission has to be taken.
The charge sheet has to be filed within 90 days of lodging the FIR
Now it will be necessary to file the charge sheet within 90 days of lodging the FIR. The court has to frame charges within 60 days of filing the charge sheet. The court has to give its decision within 30 days of hearing the case. A copy of the judgment has to be given within 7 days.
Detention of a government servant from duty is an offence
Attempting suicide to prevent a government employee from performing official duty will now be a crime. This provision can be applied to prevent self-immolation and hunger strike during protests.
Center seeks help from states to train policemen on new criminal laws