Introduction:

In a landmark development, the Lok Sabha passed three revised criminal law bills – the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya (Second) Sanhita. These bills, introduced by Union Home Minister Amit Shah, aim to replace the outdated Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. The legislative process witnessed notable amendments, including exemptions for doctors in cases of medical negligence. The bills, which emphasize justice and reformation over punishment, faced opposition concerns regarding human rights violations and potential law enforcement excesses.

Key Provisions and Highlights:  

1. Terrorist Act Definition:

Defines ‘Terrorist Act’ as a separate offense, encompassing acts threatening India’s unity, sovereignty, and economic security.

2. Sedition Replaced:

Omission of ‘sedition,’ replaced by ‘deshdroh,’ focusing on acts against the nation rather than the government.

3. Mob Lynching Offense:

Designates ‘mob lynching’ as a distinct offense with a maximum penalty of death.

4. Community Service Option:

Introduces ‘community service’ as an alternative to imprisonment for minor offenses.

5. Forensic Evidence Collection:

Mandatory collection of forensic evidence to strengthen prosecution.

6. Victim-Centric Measures:

Audio-video recording of statements in sexual violence cases, ensuring victim information and progress updates within 90 days.

7. Independent Director of Prosecution:

Appointment in every district to decide on appeals independently of police or prosecution recommendations.

8. Zero FIR Registration:

Allows victims to approach any police station, transferring the FIR to the jurisdictional station within 24 hours.

9. In Absentia Trial:

Provisions for trial in absentia if the accused does not appear within 90 days.

10. Penalties for Offenses Against Women and Children:

Specific provisions, including life imprisonment and death penalty for rape of a girl under 18.