To Get Justice In 3 Years, Bills Introduced To Repeal IPC, CrPC And Indian Evidence Act 

Share this News:

New Delhi, 11th August 2023: Three Bills were introduced in the Lok Sabha by the central government today. 

  1. Indian Penal Code (IPC), 1860 Bhartiya Nyaya Sanhita
  2. Criminal Procedure Code, 1898 (1973) – Bhartiya Nagrik Suraksha Sanhita                                                             
  3. Indian Evidence Act, 1872  – Bhartiya Sakshya Adhiniyam


Colonial Legacy

  • There is a ‘colonial’ imprint on the legal process, the criminal law process…
  • British laws enacted 160 years ago were intended to
  • Protect the interests of the British and their government in London
  • Sedition and protection of treasury got precedence over murder and crime against woman
  • The aim was to make British rule paramount rather than human rights of the common man of India.
  • Complex procedures of IPC, CrPC and Indian Evidence Act led to,
  • Large number of pending cases in Courts,
  • Inordinate delay in delivery of justice
  • deprivation of poor and socio-economically backward communities in getting justice.
  • Low conviction rate.
  • Overcrowding in jails.
  • Large number of undertrial prisoners.


Recommendations for reforms in the past

 The Law Commission of India has recommended amendments in its various reports.

  • Committees like Bezbarua Committee, Viswanathan Committee, Malimath Committee, Madhan Menon Committee also recommended reforms.
  • Parliamentary Standing Committee on Home Affairs
  • In its 146th report in 2010
  • 111th Report (2005) and
  • 128th Report (2006) called for reforms.


Consultation process


  • In 2019, the Ministry of Home Affairs initiated this reform process
  • Hon’ble Home Minister wrote a letter to all Governors, Chief Ministers, Lt. Governors/Administrators in September 2019.
  • In the January 2020, the suggestions were sought from Chief Justice of India, Chief Justices of all High Courts, Bar Councils and Law Universities.
  • In December 2021, suggestions were sought from the Members of Parliament.
  • BPRD sought the suggestions of all IPS officers.
  • A committee was set up under the Chairmanship of Vice Chancellor of NLU, Delhi.

Several suggestions were received.

  • 18 States, 06 Union Territories,
  • Supreme Court of India, 16 High Courts,
  • 05 Judicial Academies,
  • 22 law universities and
  • Suggestions were received from 142 Members of Parliament.
  • IPS officers and state and central forces also send suggestions.
  • Hon’ble Home Minister held about 58 formal and 100 informal review meetings.


  • Bhartiya Nagrik Surkasha Sanhita
  • It will have 533 sections (in place of 478 sections of CrPC)
  • 160 sections have been amended.
  • 9 new sections have been added and
  • 9 sections have been repealed/deleted.

  • Bhartiya Nyaya Sanhita
  • It will have 356 sections (in place of 511 sections of IPC)
  • A total of 175 sections have been amended.
  • 8 new sections have been added and
  • 22 sections have been repealed/deleted.


  • Bhartiya Sakshya Adhiniyam
  • It will have 170 sections (in place of the original 167 sections)
  • A total of 23 sections have been amended,
  • 1 new section has been added and 5 sections have been repealed/deleted.
  • Following Colonial words have been removed

– ‘Parliament of the United Kingdom’,

– ‘Provincial Act’,

– ‘London Gazette’,

– ‘Jury’, ‘Barrister’ ‘Lahore’, ‘Commonwealth,’

– ‘United Kingdom of Great Britain and Ireland,’

– ‘Her Majesty’s Government,’

– ‘Possession of the British Crown’

– ‘Court of Justice in England’,

– The words ‘Her Majesty’s Dominions’ have been omitted from the Act.

Increasing the use of technology 

  • To expand the definition of documents in the Bhartiya Sakshya Adhiniyam, 2023, the following have been included 
  • Electronic and digital record.
  • Email, server logs, documents available on the computer.
  • Smartphone or laptop messages.
  • Website, locational evidence.
  • Mail messages available on digital devices.
  • FIR to case diary, case diary to charge sheet judgment will be digitized.
  • Issuances and servicing of Summons and warrants and their
  • Examination of the complainant and witnesses.
  • Recording of evidence in investigation and trial.
  • Litigation and all appellate proceedings in the High Court.
  • A register shall be maintained by all police stations and courts containing e-mail addresses, phone numbers or any other such details.
  • Summons duly sent by electronic means.

Search and seizure


  • Technology will also be used by the police to conduct search and seizure operations.
  • The entire process of police searching or seizing any property will be videographed through electronic devices.
  • Such recording shall be sent by the police to the concerned magistrate without any delay.


  • To achieve a conviction rate above 90%, reforms in investigation, prosecution and forensics by the police is essential.
  • Mandatory use of forensics in all States/UTs.
  • Use of forensic experts will be mandatory in all cases of offences punishable with imprisonment of 7 years or more.
  • Necessary infrastructure in the States/UTs to be created   

Ensuring convenience for citizens

  • ‘Zero FIR’ – outside the limits of that police station but within the state
  • Provisions have been added for e-FIR.
  • The State Government shall designate a police officer in every district and in every police station, who shall give notice of the arrest of any person.
  • Police officers to inform the victim of the progress of the investigation within 90 days, including through digital means.
  • In case of sexual violence, the statement of the victim will be recorded by a woman judicial magistrate
  • It would be desirable to record the statement of the victim of sexual assault in the presence of a lady police officer at her residence.
  • While recording such statement, the parent or guardian of the victim may be present.
  • Where the government wants to withdraw the prosecution in cases of imprisonment of 7 years or more, the aggrieved party will be given an opportunity of being heard.



  • Sedition / treason has been completely repealed.
  • Hatred, contempt, dis-affection against the government was an offence in the British rule.


Community Service – A New form of Punishment

  • For the first time, community service has been introduced as a new form of punishment.


Simplification of procedures 

  • Now petty cases will be expedited by summary trial.
  • Summary trial has been made mandatory for less serious cases, such as theft, receiving or possessing stolen property, house trespass, breach of the peace, criminal intimidation, etc.
  • In cases where the punishment is up to 3 years (earlier 2 years), the Magistrate may, for reasons to be recorded in writing, conduct a summary trial in such cases.
  • After filing of charge sheet, if further investigation is required, it will be completed in 90 days,
  • Any extension of time beyond 90 days will be granted only with the permission of the court.
  • In case of warrant, a provision has been made that a time limit of 60 days has been prescribed from the date of first hearing on the charge for framing of charge by the court.
  • The accused person can appeal for release within a period of 60 days from the date of notice of framing of charge.
  • After the conclusion of arguments, the judge shall give a decision as soon as possible within a period of 30 days, which may be extended up to a period of 60 days for specific reasons.
  • A maximum of two adjournments can be granted by the court after hearing the objections of the other party and for specific reasons to be recorded in writing.
  • Competent Authority will take a decision on sanction for prosecution in 120 days against civil servants,
  • Failing which it will be presumed that the permission has been granted.
  • Evidence of Civil Servants, Experts, Police Officers, the person holding charge thereof may give testimony on such document or report.
  • The words ‘surety’ and ‘bond’ have been clearly defined.

Under trial prisoner

  • A person who is a first-time offender, and has served ‘one-third of the imprisonment’, will be released on bail by the court.
  • Where the undertrial prisoner has completed ‘half or one third of the term’, the Jail Superintendent shall forthwith make an application in writing to the court.
  • Remission will not be considered to an undertrial prisoner sentenced to life imprisonment or death sentence

New witness protection scheme

  • The State Government will prepare a witness protection scheme for the State and will also be notified.


Impounding the property of proclaimed offenders

  • In cases of punishment of 10 years or more or imprisonment for life or death penalty, the convict can be declared a proclaimed offender.
  • In cases of proclaimed offenders, a new provision has been made for attachment and confiscation of property outside India.


  • Terrorism has been defined for the first time in the Bhartiya Nyaya Sanhita
  • It has been made a punishable offence.

Organized crime

  • A new section relating to organized crime has been added.
  • Unlawful activity done by syndicate has been made punishable.
  • New provisions have been added for armed rebellion, subversive activities, separatist activities or acts threatening the sovereignty or unity and integrity of India.

Crime against women

  • A new offence has been included for making sexual relationships on the basis of false promise of marriage, employment and promotion or fake disclosure of identity etc.
  • Now there will be a provision of 20 years of imprisonment or life imprisonment in all cases of gangrape.
  • But in the case of girls below 18 years of age, provision has been made for life imprisonment or death penalty.

 Tackling  social issues

  • New provision for mob lynching: A new provision has been included for the crime related to murder on the basis of race, caste, community etc., for which provision of minimum 7 years imprisonment or life imprisonment or death penalty has been made.
  • A new provision for snatching.
  • Severe injury leading to almost incapacitation or permanent disability will attract more stringent punishment.
  • Provision for minimum 07 to 10 years of imprisonment has been made for the person who get the crimes committed through children.
  • The fine was very low ranging between Rs.10 to Rs.500. These fines and punishments for various offences have now been rationalized in the new Code.


Strict action against criminals

  • A provision has been inserted wherein whosoever

– is responsible for the death of a person by any rash or negligent act, and escapes from the scene of the offence.

– and does not present himself before the police/magistrate.

– and fails to disclose the incident,

shall be punished with imprisonment of either description for a term which may extend to 10 years, which shall be in addition to the fine imposed on the accused.

 Remissions rationalised 

  • Commutation of death sentence to life imprisonment.
  • Commutation of life sentence to imprisonment for a term of 07 years.
  • Commutation of sentence of 07 years’ imprisonment to 03 years’ imprisonment.


Trial in absentia

  • New provision for trial in the absence of the proclaimed offender
  • The case will continue till the judgment


Confiscation of property linked to the proceeds of crime

  • A new section has been added regarding attachment and confiscation of property related to the proceeds of crime.
  • The investigating police officer can make an application to the court to take cognizance that the property has been obtained as a result of criminal activities.
  • This type of property can be confiscated by the court, if the person holding the property fails to give concrete explanation regarding its presence.

Disposal of properties 

  • A large number of case properties are lying in the police stations of the country.
  • Provision has been made for speedy disposal of such properties after preparation of details of assets and photography /videography by the Court or Magistrate, during investigation.
  • Photographs or videography will be used as evidence in any investigation, trial or other proceedings.
  • Order will be issued for the disposal, destruction, confiscation or delivery of the property, within 30 days from the date of photography/videography.