Latest Changes in IPC in 2023

On August 11, 2023, the Indian government introduced three new Bills in the Lok Sabha to replace the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (IEA). The three Bills, namely the Bharatiya Nyaya Sanhita Bill, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS), and the Bharatiya Sakshya Bill, 2023 (BSB), have been referred to the Standing Committee on Home Affairs for consideration and report.

The BNS, which will replace the IPC, is the most comprehensive of the three Bills. It makes over 300 changes to the existing IPC, including the following:

• New offenses: The BNS introduces several new offenses, such as mob lynching, sexual intercourse with a woman on the false promise of marriage, and cyber stalking.
• Increased punishment for certain offenses: The BNS increases the punishment for certain offenses, such as rape and murder. For example, the maximum punishment for rape is now life imprisonment or the death penalty, depending on the circumstances.
• Repeal of archaic provisions: The BNS repeals several archaic provisions of the IPC, such as the sedition law (Section 124A) and the adultery law (Section 497).

The BNSS, which will replace the CrPC, makes several changes to the criminal procedure system, including the following:

• Speedy trial: The BNSS aims to ensure speedy trials by reducing the number of adjournments and simplifying the procedures.
• Protection of victims and witnesses: The BNSS provides for better protection of victims and witnesses, including by providing them with compensation and legal assistance.
• Use of technology: The BNSS encourages the use of technology in the criminal justice system, such as for electronic filing of documents and video conferencing.

The BSB, which will replace the IEA, makes several changes to the law of evidence, including the following:

• Admissibility of digital evidence: The BSB makes digital evidence, such as electronic records and emails, more admissible in court.
• Presumption of innocence: The BSB strengthens the presumption of innocence by requiring the prosecution to prove the guilt of the accused beyond a reasonable doubt.
• Protection of privacy: The BSB provides for better protection of privacy by restricting the admissibility of certain types of evidence, such as confessions obtained through torture.

The new IPC, CrPC, and IEA are still under consideration by the Standing Committee on Home Affairs. It is expected that the Committee will submit its report to the Lok Sabha in early 2024. Once the Bills are passed by the Lok Sabha and the Rajya Sabha, they will be sent to the President for his assent.

Implications of the New IPC Changes

The new IPC changes are likely to have a significant impact on the criminal justice system in India. The new offenses, increased punishments, and protection of victims and witnesses are all welcome changes. However, it is important to ensure that the new laws are implemented in a fair and just manner.

One of the main concerns about the new IPC changes is that they could be used to suppress dissent and target minorities. For example, the new sedition law is more broadly worded than the existing law, and it could be used to silence critics of the government. Additionally, the new cyber stalking law is vague and could be used to harass people online.

Another concern is that the new IPC changes could lead to an increase in the number of people who are incarcerated. This is because the new laws increase the punishment for certain offenses and introduce new offenses. It is important to ensure that the new laws are not used to overcrowd the prisons.

Overall, the new IPC changes are a positive step. However, it is important to ensure that they are implemented in a fair and just manner. The government should also take steps to address the concerns about the potential for the new laws to be used to suppress dissent and target minorities.