Criminal law

Official: The new criminal laws will not have any impact on UAPA and MCOCA


Although terrorism was first defined as a separate crime in Bharatiya Nyaya Sanhita (BNS) Bill 2023the other special law dealing with terrorist acts – the Unlawful Activities Prevention Act (UAPA) It will still be implemented, a senior government official said on August 11.

The new bill he seeks to repeal Indian Penal Code, 1860will not have any effect on other special laws such as Maharashtra Organized Crime Act (MCOCA), 1999The official added that the laws governing the Central Bureau of Investigation (CBI) and others.

While the special laws remain untouched, the Criminal Procedure Code (CrPC) which prescribes the method of arrest and investigation will be replaced by the Criminal Procedure Code (CRPC) which specifies the method of arrest and investigation. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. “Other private local laws must follow the new provisions under the BNSS,” the official said.

Another major change being introduced has to do with Zero FIR being introduced regardless of jurisdiction. “Nowadays we have the concept of Zero FIR but it has now been codified. A person can register a case from any corner of the country and the concerned police station will transfer it to the concerned police station in a time-bound manner,” the official said.

The official added that the laws were repealed to remove the “colonial” imprint on legal processes that were introduced 160 years ago “to protect the interests of the British and their government in London”.

“Sedition and protecting the treasury takes precedence over murder and crimes against women,” the official said.

The complex procedures of the IPC, CRPC, and Indian Evidence Act have resulted in significant court suspensions, excessive delays in delivering justice, disenfranchisement of the poor and socio-economically backward, low conviction rate, prison overcrowding, and a large number of prisoners on trial. He said.

A new section related to seizure and forfeiture of property related to proceeds of crime has been added. “The investigating police officer can apply to the court informing him that the property has been acquired as a result of criminal activities. This type of property can be confiscated by the court and the victims can be compensated through it,” the official said.

A new provision on lynching by mob was included for killings on the basis of race, caste, community, etc., which carries a penalty of at least seven years imprisonment, life imprisonment, or the death penalty.

A new clause has been added for “kidnapping” (for offenses such as chain snatching) and severe injury resulting in incapacitation or permanent disability will result in a more severe penalty. Those who use children to commit crimes will be punished with a minimum prison term of 7 to 10 years.

For the first time, community service was specified in minor offences.

In 2019, the Ministry of Interior started the reform process and suggestions were received from the judiciary, parliamentarians and others.

The BNSS that replaces the CrPC will have 533 partitions, instead of the previous 478; 60 articles were amended, nine new sections were added, and nine sections were abolished or deleted.

BNS will have 356 partitions instead of the 511 partitions of IPC. A total of 175 sections were amended, 8 new sections were added, and 22 sections were canceled

In the Bharatiya Sakshya Adhinyamwhich will be replaced Indian Evidence Act, 1872, there will be 170 sections instead of 167 in the latter. A total of 23 articles were amended, a new section was added and five sections were abolished.

The new codes will be printed with the old codes mentioned in brackets to avoid confusion. For example, section 302 of the IPC relating to murder has number 99 in the proposed BNS. Similarly, Section 420 of the IPC that relates to fraud is numbered Section 316 in the BNS.

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