In spite of living in the 21st century, we still finds ourselves being regulated by laws formed over a longer period of time a a half ago. Considering that the function of law is to guarantee social union or cohesion, and to permit people to live respectively in harmony and as society changes, the law must be in solidarity, it would put on a show of being nothing unexpected that a need to change the ongoing criminal laws is felt.

With a total number of 351 statutes punishing some offense or the other, with the essential considerable and procedural criminal laws being the Indian Penal Code 1860 (IPC), the Indian Evidence Act (Evidence Act) and the Code of Criminal Procedure Code 1972 (Cr.PC), our criminal law is one of the most oldest code in the world.

Instances Of The Attempt Made At Criminal Law Reforms
The 42nd Law Commission Report of 1971, suggested a few major significant changes like the proposition to include specific social and economic offences in the Indian Penal Code, and so on, none of which were adopted on by the Parliament.

In 2003 and 2007, the reports of criminal reform committees, the Malimath Committee, and the Madhav Menon Committee respectively, were conceived to keep the criminal laws up to the need of that time. Be that as it may, none of these suggestions was embraced for diversified reasons.

Recent examples made by the Legislature is of the Criminal Law Amendment Act, 2013 and Criminal Law Amendment Act, 2018. A Criminal Reform Committee was likewise set up in May 2020.

Aside from the legislative endeavors made at reforming the criminal laws, the Judiciary has likewise moved forward. In the year 2018, the Supreme Court has pronounced decisions administering two Victorian laws as unlawful or unconstitutional.

In Navtej Singh Johar v. Union of India, the Supreme Court proclaimed Section 377 as unconstitutional and illegal as it disregards Article 21 and in another judgment Joseph Sparkle v. Union Of India, the Constitutional Bench had struck down Section 497 and portions of Section 128 which deals with Adultery as it was unfair abusing or violating Article 14, 15 and 21 of the Constitution of India.

About Criminal Amendment Act, 2018
The Criminal Law Amendment Bill 2018 was presented in Lok Sabha on July 23, 2018, by the Ministry of Law and Justice. The same was passed by Lok Sabha and Rajya Sabha on 30 July and 6 August respectively.

This bill aims to give grievance to the person in question, who has been physically attacked or sexually abused and guarantee death punishment for the people who, sentenced or convicted for assaulting or raping a girl under the age of 16 or 12 years. It replaced the Ordinance promulgated by the President of India in April and furthermore did significant changes in:

1. Indian Penal Code 1860
2. Criminal Procedure Code 1973
3. Indian Evidence Act, 1872
4. Protection of Child from Sexual Offences (POCSO) 2012

Key Elements
Important changes are brought in for the security of a ldch from the horrifying crime of assault or rape in our Penal Laws.
 

OFFENCE	AMENDMENT
Rape	Minimum 10 years of imprisonment Police are under compulsion to complete the investigation within 2 months after the FIR lodged Time to dispose of the appeal starts after 6 months.
Rape of girl below 16 years of age	A minimum period of 20 years of imprisonment Anticipatory bail will not be granted to the accused.
Rape of girl below 12 years of age	Rigorous imprisonment for 20 years or imprisonment for life or may be liable for the death penalty.
Rape by a Police Officer	(Irrespective of place)Rigorous imprisonment which is not less than 10 years.
Gang Rape of a girl below 16 years of age	Rigorous imprisonment for life and liable for fine.
Gang Rape of a girl below 12 years of age	Rigorous imprisonment for life and with a fine or with the death penalty.

FOLLOWING AMENDMENTS WERE MADE:-
In The Indian Penal Code
Amendment were made in 3 Sections and 3 new Sections were included IPC.

The Sections which were corrected are:

1. Section 166A
   This section deals with the public servants who disobeying the directions provided under the law. Clause (c) is substituted with Sections 376AB, 376B, 376C, 376D, 376DA and 376DB.
    
2. Section 228A
   This section deals with the disclosing of the identity or the personality of the casualty of specific offenses.
   
   Sub Section 1 of this part was substituted with Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB.
    
3. Section 376
   This section deals with the Rigorous Punishment for assault or rape and under this Section, sub-section 1 was substituted as "whosoever commits an offence of rape shall be punished for the term not less than 10 years or which may extend to life imprisonment and with fine".

Section 376(2)(a) and 376(1) has been revoked. To replace Section 376(2), 376(3) has been added which gives that whoever commits the offense of assault or rape with a woman who is below the age of sixteen years, shall be punished with Rigorous detainment for a term of not less than 20 years, and shall extend to imprisonment for life which impliedly intend to introspect what he had been done is completely unlawful and misguided, or in the lawful sense, an update for that individual natural life, and with fine or death penalty. And furthermore, obligated to pay such compensation that is to be rape reasonable and just, in order to meet the medical expenses or costs and for casualty rehabilitation.

It additionally commands that any payment by the reproved under this section will be paid to the sufferer.

The new Sections which were added are:

1. Section 376AB
   This Section provides that whoever commits assault or rape with a woman under the age of 12 year shall be punished with:
   
   1. Rigorous imprisonment for a term which will not be less than 20 years, and it may extends to imprisonment for life.
   2. liable to pay compensation and such compensation shall be reasonable and just, to meet the medical costs and for victim rehabilitation.
   It additionally expresses that any payment by the reviled under this part will be paid to the person in question.
    
2. Section 376DA
   This Section expresses that when a woman, below the age of sixteen years, is rape by one or more individual or done some activity for the compatibility of common intention, everyone of them are considered to commit the offence of rape and will be subjected to punishment with:
   
   1. Imprisonment for life, and
   2. fine or
   3. death penalty and
   4. will be liable to pay compensation and such compensation shall be reasonable and just, to meet the medical costs and for victim rehabilitation.
   It additionally expresses that any payment by the reviled under this part will be paid to the victim.
    
3. Section 376DB
   This Section state that where a woman who is under the age of 12 years is rape by one or more individual or done some activity for the compatibility of common intention, everyone of them are considered to commit the offence of rape and will be subjected to punishment with:
   
   1. Imprisonment for life, and
   2. fine or
   3. death penalty and
   4. will be liable to pay compensation and such compensation shall be reasonable and just, to meet the medical costs and for victim rehabilitation.
   It additionally expresses that any payment by the reviled under this part will be paid to the person in question.

In the Code of Criminal Procedure
The following sections were amended:

1. Section 173
   In this section there is an amendment in sub-section (1A) which deals with the rape of a child may be finished within likewise 3 months, this sub-section was substituted with "an offence under section 376AB, 376B, 376C, 376D, 376DA, and 376DB or section 376E of the Indian penal code shall be completed within 2 months".
    
2. Section 374
   In Section 374 of Cr.P.C, after sub-section (3), the following sub-section inserted i.e., sub-section (4) and read as when an appeal has been recorded against a sentence passed under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, and 376DB or Section 376E of the Indian Penal Code the appeal shall be disposed off within the 6 months from the date of filing of such appeal.
    
3. Section 377
   In Section 377 of the Code of Criminal Procedure, after sub-section (2), another new sub-section was added i.e., sub-section (3) and read as when an appeal has been filed against a sentence passed under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, and 376DB or Section 376E of the Indian Penal Code the appeal shall be disposed off within the 6 months from the date of filing of such appeal.
    
4. Section 438
   In Section 438 of the Code of Criminal Procedure, after sub-section (3), another sub-section added i.e., sub-section (4) and gives that nothing in this part shall apply to any case including the arrest of an individual on an allegation of having committed an offence under subsection (3) of Section 376, 376AB, 376DA, 376DB of the Indian Penal Code.
    
5. Section 439
   In Section 439 of Criminal Procedure Code, after sub-section (a), (1) provision, another provision was added and says that "the high court and the session court shall, before granting bail to an accused person of an offence triable under sub-section (3) of Sections 376, 376AB, 376DA, 376DB, give notice of the applicant for the bail to the public prosecutor within 15 days from the date of receipt of such notice."

After sub-section (1) of Criminal Procedure Code following sub-section was added . Sub- section (1A) which provides that the presence of the informant or any individual authorized by him, shall be compulsory at the time of hearing of the application for bail to the individual under sub-section (3) of Sections 376, 376A, 376DA, 376DB.

C. In Indian Evidence Act
Following are the two sections that have been amended:

1. Section 53A
   This section deals with the proof or evidence of character or past sexual experience not important in certain specific cases substituted with Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB.
    
2. Provision of Section 146
   This Section deals with questions in legal format in cross examination (what the inquiries are must be posed to by the Police Officer) when a witness is cross examined, he may notwithstanding the inquiry hereinbefore referred to, be asked any inquiry which tends:
   
   1. tend to test the veracity.
   2. To find out about his identity and about the position of his life.
   3. To purpose his credit, by harming his personality, although the response could tend directly or indirectly way to criminate him, might result in exposing a penalty on him or relinquishment.

Provision 3 or this Section were substituted with Section 376AB, 376B, 376C, 376D, 376DA and 376DB.

D. POCSO ACT
By the Criminal Amendment Act, 2018 there is a modification of Section 42 of the POCSO Act, 2012. This Section deals with an Alternative Punishment and Sections 376A, 376C, 376D were substituted with 376A, 376AB, 376B, 376C, 376D, 376DA and 376DB of Indian Penal Code.

Shortcomings Of Criminal Law Reforms
Laws, for example, Sediation, obscenity and criminal defamation were utilized as weapons to tame their Indian subjects. Such common law regulation are as yet working in the post-independence period.

The Supreme Court, in a few cases, has maintained the legitimateness of the Sediation as an exemption for the right to Freedom of Speech and expression given under the provision of Article 19(1)(a) of our Indian Constitution. The utilization of this draconian law and regulation is to punish any individual who raises their voice against with protected Constitutional Rights. Justice Chandrachud has said that naming dissent as "against public" or "hostile to majority rule" strikes at the core of deliberative vote based system. He further added that dissent is one the security valve of a democracy system.

In 2018, the Law Commission had published a discussion paper suggesting the expulsion of the law of Sediation from Indian Penal Code results in the violation of Fundamental Rights. The report additionally noted that, in the world's largest democracy system, the citizens of the country don't reserve the privilege to criticize their government reasonably.

Endeavors of the United Nations as a promoter of free speech and the adoption of the Universal Declaration of Human Right has pushed nations, for example, England to reconsider their domestic laws and regulations. The country which gave us our Penal Code erased the law, for example, Sediation about 10 years ago. Indeed, even before the repeal, it was inadequately utilized.

A comparative set of arrangement can be seen in Australia where the Australian Law Reform Commission proposed that the Sediation should be eliminated from their Federal Criminal Law and the suggestion was carried out with the establishment of the National Security Legislation Amendment Act, 2010.

The United States of America has the Sediation Act of 1918 condemning Sediation. From that point forward, the American Courts have narrowed down the understanding and interpretation of the law which brought about its obsoletion, but still the Act is yet to be revoked.

A Similar perception can be made in decriminalizing the Act of blasphemy. Section 295A of Indian Penal Code, introduced in the year 1927 as a device to harass individuals, is an infringement of the right to freedom of Speech and expression that is very well ensured to us by the Constitution yet at the same time, it has not been repealed, though in England, blasphemy eliminated from its Criminal act by Criminal Justice and Immigration Act 2008. Recently Different nations which have revoked blasphemy from their Penal Laws are Norway, Iceland, Malta, the Alsace-Moselle locale of France, Denmark, Canada, New Zealand, and Greece.

Other than disdain speech crime, Indian Penal Code additionally contains other obsolete laws like the criminalization of Attempt to Sucide and prostitution. Since 1947, the Indian Penal Code has been amended multiple times round about 77 times, yet it actually needs contemporary changes. Other than Indian Penal Code, the Press and Registration of Books Act, 1867 and the Public Gambling Act, 1867 are some acts that are out of date and become obsolete in the present time. The Prison Act of1894, which was named Barbaric and questionable by the Supreme Court quite a while back as it contains punishment of inhumane nature, are still in force in larger parts of the country.

Our procedural laws and regulations and its execution have been carried out very inadequately. Absence of transparency, the pendency of cases, lumbering methods, absence of coordination, corruption, and absence of awareness among people have multitude the wretchedness of individuals. Police fierceness and harassment of the detainee or detained prisoners should be viewed more in a serious way.

An Internal Committee should be established to investigate the state of individuals in the custody of Judiciary and police. To diminish the burden on the Judiciary, encouragement of plea procedures is required, fast track courts should to be made more efficient and adequate Judicial officials should be designated. These progressions are required to have been in tune in today's changing society needs.

There have been a few redundancies between other criminal acts sanctioned by the parliament. As of now, there is the Chemical Weapons Convention Act, 2000 and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. Both convey arrangements connecting with chemical weapons, and resultantly there are two distinct required least sentences for the assembling of compound weapons under the two rules. The 2005 Act conveys a non-obstante proviso that works in the event of contention with some other law, however the gravamen is that we have two provisions for a similar offence.

Moreover, there are atleast two statues on every one of these subjects medical termination of pregnancy, narcotic and psychotropic substances, working opportunities for manual scavengers and dangerous substances. Although these legislations cover various parts of similar subjects, having numerous statutes unavoidably confounds.

Conclusion
The fundamental capability of the law is to guarantee social attachment, and to permit people to live respectively in harmony. In theoretical aspect, social union will possibly exist when individuals perceive the power of the law. Accordingly, as society changes, so too should the law to keep up with attachment. There are various social, cultural, economic and political changes, which lead to the requirement for an adjustment or a change of the law.

Despite the fact that Amendment were made in certain parts of the criminal laws of India, there still remains alot which needs to be tended to.

Our criminal laws are obsolete, out of date and against to a few human Rights. With the advancement of innovation and developing human rights activism, the public authority must review and updates the criminal laws atleast in every five years.

The current criminal reform committee, examining a small bunch of acts, won't be effective as the upgrade of the whole criminal reforms is far beyond its expected deadline. Reform will succeed only when all parts of the criminal system of justice are in order, and this will happen only when each and every of the obsolete parts of criminal reforms are either removed or given a contemporary environment.