The revision covers a lot of areas, from changing the penal laws to eliminating some provisions and reframing other sections. It represents a bold attempt to do away with the colonial legacy and replace it with victim-centred regulations that are in line with modern society.
The new Bills, the Bharatiya Nyaya (Second) Sanhita Bill, which replaces the IPC of 1860, the Bharatiya Nagarik Suraksha (Second) Sanhita, which replaces the CrPC of 1973, and the Bharatiya Sakshya (Second) Bill, which replaces the Indian Evidence Act of 1872, are more than just renaming exercises, even though it is too soon to say whether the changes will better serve the interests of criminal justice delivery.
Source: Hindustan Times
A number of commendable choices have been made on the decriminalisation of offences in light of shifting sociocultural norms. Taking adultery, homosexual sex, and suicide attempts out of the new code is a progressive move; the courts had set the example.
Source: Hindustan Times
Determining whether or not mob lynching is a crime is equally important, as it has startlingly become frequent in recent years. The deadlines for filing formal complaints, conducting investigations, and using IT and forensic techniques in law enforcement are also appreciated. The inclusion of community work as a punishment for certain minor infractions is a reformatory move, but the penal code has been made more severe for acts of terror.
There are still some issues, though. For example, even though the government promised the Supreme Court that the sedition statute would be repealed, Section 152, which penalises those who commit acts “endangering sovereignty, unity, and integrity of India,” should not be affected. Reforming the criminal code ought to be an ongoing project.
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