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regular-article-logo Saturday, 04 May 2024

Newly enacted criminal laws to be effective from July 1

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam are to replace the colonial-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively

Our Special Correspondent New Delhi Published 25.02.24, 05:11 AM
Representational image.

Representational image. Sourced by the Telegraph.

The Centre on Saturday announced that the three newly enacted criminal laws would come into force from July 1 but put on hold a new and stringent provision for hit-and-run cases that had triggered massive protests by transporters' associations across the country.

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam are to replace the colonial-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

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"In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (46 of 2023), the Central Government hereby appoints July 1, 2024, as the date on which the provisions of the said Sanhita, except the provisions of sub-section (2) of section 106, shall come into force,” a gazette notification from the Union home ministry said.

Last month, transporters’ associations had protested against provisions of Section 106(2) that prescribe up to 10 years’ imprisonment and a fine for those who cause death by rash and negligent driving and flee the spot without reporting the accident to police.

Following the protests, the home ministry had said a decision on the provision would be taken only after consulting the All India Motor Transport Congress.

Previously, hit-and-run cases were filed under Sections 279 (rash driving), 304A (causing death by negligence) and 338 (endangering life or personal safety of others) of the Indian Penal Code, with the maximum punishment being two years’ imprisonment. In exceptional cases, though, Section 302 (murder) was invoked.

Truckers’ and transporters’ organisations had alleged that the police tended to blame crashes on heavy vehicles without proper investigations. They also highlighted the threat of mob violence that drivers faced after accidents.

They argued that the new law might cause drivers to face police harassment, extortion and unjustified detention and demanded immediate withdrawal of the stringent provision that they said was passed without consulting the stakeholders.

The new laws have brought terrorism, corruption and organised crime — so far the province of special legislation – under the ambit of ordinary criminal law, some of whose provisions have witnessed a consequent stringency.

For instance, the maximum duration of police custody for ordinary crimes has been increased from 15 days to 90 days.

Some legal experts have argued that while the three laws have been enacted with the stated objective of overhauling colonial-era criminal laws, only 20 to 25 per cent of the provisions reflect any actual change.

Most of the other provisions seek to strengthen the powers of the government and the police and reduce their accountability with the objective of turning India into a “police state”, the experts say.

The Centre says the section on sedition has been repealed but right activists have argued that the law has changed only in name and is now even more draconian.

While IPC Section 124A, which dealt with sedition, prescribed life imprisonment or three years in jail, Section 150 of the Bharatiya Nyaya Sanhita prescribes a life sentence or seven years.

Section 150 applies to anyone who “purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, excites or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India or indulges in or commits any such act”.

Sources said the home ministry had formed a team of 3,500 officials who will train police officers, investigators, and forensic experts to implement the new laws zone-wise across the country.

Parliament passed the three laws on December 21 last year and President Droupadi Murmu gave her assent on December 25.

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