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Implementation of New Criminal Law in India
Jul 1, 2024
New Criminal Law Implementation in India
Overview
Effective Date
: Today
Replaced Laws
:
Indian Penal Code (IPC)
Criminal Procedure Code (CrPC)
Indian Evidence Act
New Laws
:
भारतीय न्याय संहिता (Bharatiya Nyaya Sanhita)
भारतीय नागरक सुरक्षा संहिता (Bharatiya Nagarik Suraksha Sanhita)
भारतीय साक्ष्य अधिनियम (Bharatiya Sakshya Adhiniyam)
Objective
: Modernize and update the criminal justice system
Educational and Awareness Programs
Organized by Police Stations Nationwide
:
Programs to familiarize citizens with new laws
Public briefings on key features
Workshops and seminars in educational institutions
Changes in the New Laws
CrPC
:
Total sections changed: 177
Sections added: 9
Sections abolished: 14
IPC
:
Total sections changed: 175
Sections added: 9
Sections scrapped: 22
Indian Evidence Act
:
Total sections changed: 23
Section added: 1
Sections scrapped: 5
Opinion from Union Minister for Law and Justice
Need for Reform
:
Long-standing need for changes in IPC, CrPC, and Evidence Act
Reflects recommendations from Law Commission of India
Extensive consultations including a joint parliamentary committee
Training programs conducted in judicial academies
Objections and Concerns
From Legal Community
:
Endangerment of civil liberties
Extended police custody to 19 days
Vagueness in provisions; potential for misuse
Lack of clarity on applicability to terror offenses
No provision for punishing non-consensual gay sex
Specific Sections of Concern
:
Potential for custodial torture; impact on poor and marginalized
Targeting individuals through vague language
Lack of clarity on law precedence (over UAPA)
New laws affecting sovereignty and unity
Punishments up to three years or fines (Section 195D)
Negligent medical procedures leading to death; punishment up to five years
Response from Government and Opposition
Government Stance
:
Claim of wide consultation and careful consideration
Need to modernize colonial-era laws
Improvements for speedy justice
Opposition Stance
:
Calls for more time for transition
Concerns about abrupt changes
Need for legal and state readiness
Conclusion
General Consensus
: Mixed reactions on the implementation of new criminal laws; both support and objections have been raised.
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