Parliament clears criminal law bills: What's new in the laws?

The Rajya Sabha passed three bills to replace the existing criminal laws in the country on 21 December. The bills had been passed by the Lok Sabha on Wednesday. (Photo/ Agencies)

The bills passed are:

1. Bharatiya Nyaya (Second) Sanhita, which aims to replace the Indian Penal Code, 1860.

2. Bharatiya Nagarik Suraksha (Second) Sanhita, which aims to replace the Code of Criminal Procedure, 1973 and

3. Bharatiya Sakshya (Second) Bill, which aims to replace the Indian Evidence Act, 1872. (Photo/ Agencies)

The bills were first introduced in the Lower House of the Parliament on 11 August 2023. However, earlier this month, the government decided to replace them with new drafts after some changes were recommended by the Parliamentary Standing Committee on Home Affairs. (Photo/ Agencies)

There are 358 sections in the current bill compared to 356 in the previous one. Although the bill does away with the sedition offence, it does provide provisions for punishment for offenses that are similar to those covered by it. (Photo/ Agencies)

Section 113 of the revised Bill has modified the definition of the crime of terrorism to entirely adopt the existing definition under Section 15 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). (Photo/ Agencies)

The original Bill made mob lynching and hate crime a separate category of murder for the first time. It was criticised by the panel for prescribing a lesser minimum sentence of imprisonment of 7 years. The revised Bill has removed the minimum punishment of seven years and now penalises mob lynching at par with murder. (File photo/ Agencies)

The original bill had stated that ‘community service’ is a form of punishment for offences like attempting suicide, public servants unlawfully engaging in trade, public intoxication et al. The new bill now defines 'community service' as "Work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration." (Photo/ Agencies)

The original Bill's Section 43(3) allowed handcuff use to prevent escape and ensure police safety during arrests. The panel suggested restricting it to heinous crimes, excluding 'economic offences.' Additionally, police now have expanded handcuff authority beyond arrest to court production. (Photo/ Agencies)

While the original bill permitted the admissibility of electronic evidence, there was no requirement for a certificate under section 63 (which pertains to the requirement of a certificate under section 65B of the Indian Evidence Act).

The new bill has changed this provision to state that admissibility of electronic records is now subject to section 63. (Photo/ Agencies)

Experts have flagged that the three revised Bills present a missed opportunity to rectify extensive overcriminalisation and wider police powers that aggravate state control. (Photo/ Agencies)