Three New Criminal Laws Replacing IPC, CrPC, Evidence Act To Be Effective From July 1 This Year

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Three New Criminal Laws Replacing IPC, CrPC, Evidence Act To Be Effective Fro...

by Hemanta Pande

NEWS HIGHLIGHTS

The Ministry of Home Affairs (MHA) on Saturday notified the date for the three new criminal laws-- Bharatiya Nyaya Sanhita 2023, Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023-- and announced that these will come into force from July 1 this year.

New Delhi, Feb 24: The Ministry of Home Affairs (MHA) on Saturday notified the date for the three new criminal laws-- Bharatiya Nyaya Sanhita 2023, Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023-- and announced that these will come into force from July 1 this year.

The MHA made the announcement through three separate notifications declaring July 1 as the date on which the provisions of these acts will come into force.

As per one of the notifications issued by exercising the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the MHA declared it appoints the 1st day of July 2024 as the date on which the provisions of the Sanhita, "except the provision of sub-section (2) of section 106, shall come into force."

Using similar powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the MHA appointed "the 1st day of July 2024 as the date on which the provisions of the Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force."

"In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), the Central Government hereby appoints the 1st day of July 2024 as the date on which the provisions of the said Adhiniyam, shall come into force," reads another notification.

The move comes after President Droupadi Murmu gave her assent to these laws on December 25, days after the Parliament passed the three criminal bills -- the Bharatiya Nyaya (Second) Sanhita Bill, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill.

Giving prominence to crimes against women and children, murder and crimes against the nation; these three Bills were passed by the Lok Sabha and the Rajya Sabha in the recently concluded Winter Session of Parliament.

The Indian Penal Code (IPC) has been replaced with the Bharatiya Nyaya Sanhita, the CrPC with Nagarik Suraksha Sanhita and the Indian Evidence Act has been replaced with the Bharatiya Sakshya Adhiniyam.

Bharatiya Nyaya Sanhita has 358 sections (instead of 511 sections of IPC). A total of 20 new crimes have been added to the Sanhita, and the imprisonment sentence has been increased for 33 crimes. The amount of fine has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty of community service has been introduced in six crimes and 19 sections have been repealed or removed in the Act.

Bharatiya Nagrik Suraksha Sanhita has 531 sections (in place of 484 sections of CrPC). A total of 177 provisions have been changed in the Sanhita and nine new sections as well as 39 new sub-sections have been added to it. The act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provision has been added at 35 places. A total of 14 sections have been repealed and removed in the Sanhita.

Bharatiya Sakshya Adhiniyam will have 170 provisions (instead of the original 167 provisions, and a total of 24 provisions have been changed. Two new provisions and six sub- provisions have been added and six provisions have been repealed or deleted in the Adhiniyam.

The complete implementation of new criminal laws will ensure an end to 'tareekh pe tareekh' era and justice will be given in three years as earlier informed in the Parliament by Union Home Minister Amit Shah.

Bharatiya Nyaya Sanhita has introduced a new chapter titled 'Crimes against Women and Children' to deal with sexual crimes, and the Sanhita is proposing changes in the provisions related to the rape of women below 18 years of age.

Provision related to the gang rape of a minor woman to become consistent with the Protection of Children from Sexual Offences Act (POCSO), and a provision has been made for life imprisonment or death penalty in the case of girls below 18 years of age.

There is the provision of 20 years imprisonment or life imprisonment in all cases of gang rape and the new crime category of gang rape of a woman under 18 years of age in the Sanhita. The Sanhita provides targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true intention to marry.

Terrorism has been defined for the first time in the Bharatiya Nyaya Sanhita, and it has been made a punishable offence.
In Bharatiya Nyaya Sanhita Section 113. (1), it is clearly mentioned that "whoever, with intent to endanger or is likely to endanger the unity, integrity, sovereignty, security or economic security or sovereignty of India or to cause or spread terror among the public or any section of the public in India or in any foreign country, commits any act using bombs, dynamite, explosive substances, poisonous gases, nuclear with intent to cause death to any person or persons, damage to property, or manufacture or smuggling of currency or so, he commits terrorist acts".

In the Sanhita, terrorist acts are punishable with death penalty or life imprisonment without parole. A range of terrorist offences have also been introduced in the Sanhita and it is pointed that destroying public facilities or private property is a crime. Acts that cause 'widespread loss by reason of damage or destruction of critical infrastructure' are also covered under this section.

A new criminal section related to organized crime has been added to the Sanhita, and organized crime has been defined for the first time in Bharatiya Nyaya Sanhita 111. (1). Illegal activity done by syndicate has been made punishable.

The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of India. Small organized crimes have also been criminalized, punishable with imprisonment of up to seven years.

In organized crime, if a person is killed, the Act says, the accused can be sentenced to death or life imprisonment. A fine will also be imposed, which will not be less than Rs 10 lakh. Provision for punishment has also been made for those who help in organized crime.

On mob lynching, a new provision on crime related to murder committed on the basis of race, caste and community has been included, for which a provision of life imprisonment or death penalty has been made.

A new provision related to snatching also. There will now be more severe penalties for serious injuries that result in near-disability or permanent disability.

The practice of filing zero FIR has been institutionalized. The First Information Report (FIR) can be lodged anywhere, irrespective of the area in which the crime took place.

Victim's right to information has been ensured in these laws. Victim has the right to get a copy of the FIR free of cost. There is also a provision to inform the victim about the progress of the investigation within 90 days.

The timeline has been added to 35 sections of Bharatiya Nagrik Sukraksha Sanhita, which will make the speedy delivery of justice possible. The Bill prescribes a time limit for initiation of criminal proceedings, arrest, investigation, charge sheet, proceedings before magistrate, cognizance, charges, plea bargaining, appointment of Assistant Public Prosecutor, trial, bail, judgment and punishment, and mercy petition.

This process of reform in the three laws of the criminal justice system was started in 2019 and 3,200 suggestions in this regard were received from various stakeholders. Union Home Minister Amit Shah held more than 150 meetings and these suggestions were thoroughly discussed in the Home Ministry. (ANI)

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Paris Olympics 2024 Declared Open After Historic Opening Ceremony

by Hemanta Pande

Paris, July 27: After a glaring and first-of-its-kind opening ceremony on the Seine River, the highly anticipated Paris Olympics 2024 was declared open in the French capital on Friday.

For the first time in the history of the Summer Games, the opening ceremony of the Olympics was held outside the stadium.

The spectacular opening ceremony broke away from the convention by taking place outside the stadium. Rather, athletes were feted from boats cruising the Seine River, offering a one-of-a-kind show along a six-kilometre course.

Leading the Indian team were two-time medallist, PV Sindhu and five-time Olympian Sharath Kamal. This is the first time in the summer event's history that participants have sailed through a river to enter the Olympics.

The iconic French midfielder Zinedine Zidane made an appearance in a pre-recorded video carrying the Olympic flame to kickstart the opening ceremony. From Stade de France, he sprinted and carried the flame.

However, he got stuck in the metro and delivered it to the children. The children passed through catacombs and arrived on the River Seine, and after that, the broadcast was switched to the real-time view of the Seine.

Before the Parade of Nations, the President of the French Republic, Emmanuel Macron, and the President of the International Olympic Committee, Thomas Bach, were introduced at the Trocadero.

The National Olympic Committees paraded in French alphabetical order, with a couple of exceptions. Australia and the United States came at the end, right before hosts France.

The first 18 delegations were introduced to the Parade of Nations from the Pont d'Austerlitz. The parade was led by the founding nation of the modern Olympic Games, Greece, in their country-themed attire.

Greece selected NBA star Giannis Antetekounmpo as their male flagbearer, alongside Antigoni Ntrismpioti, a racewalker.

While sailing through the River Seine, Greece was followed by the Refugee Olympic Team, which features 37 individuals. This marks their third appearance at an Olympic Games since being formed for Rio 2016.

Afghanistan arrived on the third, sailing through the picture-esque River Seine, followed by South Africa, Albania, and Germany.

Thomas Bach, who was in attendance, stood up to cheer for his home nation, Germany.

During the Parade of Nations, the mysterious man was seen carrying the Olympic flame. Olympic torch across the famous monuments in Paris. He sprinted across the city and arrived at the famous Louvre Museum, where famous art pieces like the Mona Lisa are kept.

The parade resumed after Lady Gaga's enchanting performance, and one of the most successful nations in the history of the Olympic Games, China, arrived. China's table tennis great Ma Long and synchronised swimmer Feng Yu were chosen as the flagbearers.

After an enthralling performance by French-Malian singer Aya Nakamura with musicians of the French Army, the parade resumed.
An aeroplane blew smoke from its tails and formed a pink heart over Paris, which is often regarded as the city of love.

Colombia, the Democratic Republic of Congo, and the Coko Islands arrived on their respective boats on the Seine.

As rain started to pelt down in Paris, Egypt arrived at the opening ceremony. The anticipation of Indian fans finally ended when flagbearers Sharath Kamal and PV Sindhu, donning specially designed traditional attire, were spotted at the Seine, leading along with the group of 78 athletes and officials.

As the Indian boat passed, 'ITALIA' chants started to echo around the River Seine, announcing the arrival of Italy in the Parade of Nations.

The opening ceremony was taken over by Minions who featured in the event in a special video.

The various contingents continued to pass through the River Seine. An eye-catching cycling stunt was performed, which enthralled the entire audience.

Artists continued to perform and momentarily halted the Parade of Nations. After the resumption, Myanmar, and Namibia arrived on their special boats, and Nicaragua followed on behind.

Pakistan arrived at the Parade of Nations, led by their javelin ace thrower Arshad Nadeem as the country's flag-bearer. The Pakistan boat carried a total of seven athletes, including three women and four men.

After witnessing the presence of one of the top javelin throwers, Serbia's boat at the Seine without the presence of the record 24 Grand Slam champion, Novak Djokovic.

USA's flagbearers, tennis sensation Coco Gauff and basketball icon LeBron James, arrived at the Parade of Nations.

The hosts, France, with a contingent of 573 members, arrived at the Seine in the biggest boat.

Team Palestine was also present in the Parade of Nations with the strong message, "Out of the ashes, we always rise."

French singer Juliette Armanet dazzled the crowd with her soulful rendition of John Lennon's Imagine.

At the end of the route, the Olympic flag was hoisted in front of the Eiffel Tower. Flags from all delegations carried by volunteers paraded between the Trocadero and the Eiffel Tower.

During the closing stage of the opening ceremony, the Olympic Laurel Award was presented to Filippo Grandi, the UN High Commissioner for Refugees.

Three-time Olympic champion Tony Estanguet, president of Paris 2024, addressed the athletes and said, "For the next 16 days, you will be the best version of humanity. You'll remind us that the emotions of sport form a universal language that we all share. Until the 11th of August, we'll be by your side. Your defeats will be our defeats. Your victories will be our victories. Your emotions will be our emotions."

The IOC President, Thomas Bach, who is also an Olympic champion, appeared on the stage and said, "What better place than Paris to share the magic of this Olympic Games with the whole world?" he asked.

"Paris, the birthplace of our founder, Pierre de Coubertin, to whom we owe everything. Paris, City of Light, where he created the modern Olympic Games. Paris, City of Love," he added.

During his speech, President Bach also recalled the lyrics of Imagine.
President Macron appeared next on the stage and announced in French, "I declare the Games of the XXXIII Olympiad open."

France's flagbearers, Florent Manaudou and Melina Robert-Michon, represented the athletes in taking the Olympic Oath.
After that, Zidane was called on stage, and he took the Olympic flame from the mystery man. He handed the torch to Spain's icon tennis star Rafael Nadal, who is known for his prowess in Roland-Garros.

One by one, the rings on the Eiffel Tower were lit up. The torch was then taken down the Seine in a boat with Nadal, Serena Williams, Carl Lewis, and Nadia Comaneci. When the boat arrived at the dock, the torch was taken by retired French tennis player Amelie Mauresmo.

Mauresmo handed it off to French basketball legend and former NBA star Tony Parker. The two of them jogged past the Louvre and its pyramid.

Eventually, the whole group of torchbearers grew to 18 and was made up of various Olympians and Paralympians. They handed the torch to Teddy Riner and Marie-Jose Perec, who lit the cauldron.

A hot air balloon was attached to it, which was 30 metres high. The balloon lifted the cauldron high into the Paris sky. Singer Celine Dion performed at the end of the ceremony. (ANI)

Three New Criminal Laws Replacing IPC, CrPC, Evidence Act To Be Effective From July 1 This Year

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