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Introduction of Criminal Laws 2023

By SoumyaKundu11 | Views 12327

The offense of a 'Terrorist Act' is now explicitly defined as a distinct criminal offense under the Bharatiya Nyaya Sanhita (BNS). This definition encompasses actions that threaten India's unity, integrity, sovereignty, security, economic stability, or cause terror among any demographic.
The offense of 'sedition' has been removed from the legal framework. Instead, the BNS addresses actions endangering the unity of India (Clause 150). While sedition laws previously criminalized actions against the government, the BNS replaces 'government' with 'country.' It is emphasized that citizens have the right to voice dissent against the government, which should be safeguarded. However, actions against the nation itself will not be tolerated.
'Mob lynching' has been established as a separate offense within the BNS, with the possibility of a maximum penalty of death.
'Community service' has been introduced as an alternative punishment for several minor offenses, replacing imprisonment in certain cases.
Provisions have been implemented to ensure the compulsory collection of forensic evidence during investigations, thereby strengthening the prosecution's case.
It is now mandatory to audio-video record statements made by victims in cases of sexual violence.
Each district will have an independent Director of Prosecution to decide on appeals, independent of police or prosecution recommendations.
Provisions have been introduced to hold the police accountable for their actions.
Emphasis has been placed on victim-centric justice through various provisions.
'Zero FIR registration' has been introduced, allowing victims to approach any police station, regardless of jurisdiction. The FIR will be transferred to the jurisdictional police station within 24 hours. Courts are prohibited from allowing the State to withdraw cases without hearing the victims.
The victim must be served with copies of the police report, and they should be informed of the progress of the investigation within 90 days.
All inquiries and trials can now be conducted electronically.
Offenses against the human body, offenses against women, and offenses against children have been relocated to the beginning of the BNS. For instance, murder is now placed under Clause 102 of the BNS, replacing Section 302 in the IPC.
Distinct provisions have been introduced to address offenses against women and children. For instance, in cases of rape involving a girl under 18 years old, imprisonment or the death penalty may be imposed.