[BNS BNSS BSA] Murder Will be Punishable Under Section 101 Not 302 | Know More About New IPC

India is poised to undertake a landmark revision by amending three laws from the colonial era: the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The Central Government has issued a notification stating that three recently enacted criminal laws will come into force on July 1st, 2024.

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BHARAT: In a landmark move, the Indian government has announced amendments to three colonial-era laws: the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. These changes will come into effect on July 1, 2024, marking a significant shift in the country’s legal framework.

New Legislative Framework

The newly enacted laws include:

• The Bhartiya Nyaya Sanhita 2023 (Indian Penal Code 2023)

• The Bharatiya Nagarik Suraksha Sanhita 2023 (Indian Civil Protection Code 2023)

• The Bharatiya Sakshya Adhiniyam 2023 (Indian Evidence Act 2023)

These laws aim to modernize and streamline India’s criminal justice system. The Bhartiya Nyaya Sanhita 2023 addresses contemporary challenges and ensures fair and effective administration of justice.

The Bharatiya Nagarik Suraksha Sanhita 2023 enhances public safety and security measures, while the Bharatiya Sakshya Adhiniyam 2023 reforms the rules of evidence to ensure reliability and admissibility, thereby strengthening the integrity of the legal system.

Key Revisions in the IPC

The IPC, CrPC, and Evidence Act, originally enacted in 1860, 1898, and 1872 respectively, will now bear new titles. The most notable change is the replacement of Section 302 of the IPC with Section 101 for murder charges. Section 101 introduces penalties for mob lynching, an offense not previously specified in the IPC.

Changes to Specific Sections

• Section 101: Life imprisonment to the death penalty remains for murder, with fines applicable. Additionally, specific penalties for mob lynching based on racial, caste, or linguistic motives range from seven years to the death penalty.

• Section 107: Attempt to murder, currently covered under Section 307, transitions to Section 107 in the new code.

Rape Laws

While the definitions of rape in Section 375 and penalties in Section 376 remain largely intact, sections 63 and 64 outline penalties without significant changes.

The minimum penalty for rape cases involving minors under 18 years will be at least 10 years, extendable to life imprisonment. For gang rapes involving minors, the new law introduces the death penalty.

Decriminalization and Repeals

• Section 377: The infamous Section 377, dealing with “unnatural offences,” was partially struck down by the Supreme Court in 2018. The new legislation proposes to abolish this section entirely.

• Section 124A (Sedition): The contentious sedition law will be removed, replaced by provisions under Section 150, addressing actions threatening the sovereignty, unity, and integrity of India.

Other Notable Amendments

• Suicide: Attempted suicide will no longer be an offense, reflecting a more modern understanding of mental health issues.

• Terrorism: A clear definition of terrorism is introduced, potentially impacting how terrorism charges are applied.

• Love Jihad: The new laws address fraudulent marriages and sexual relationships under false pretenses with severe penalties.

• Absconding Criminals: Trials can now commence in absentia for fugitives, a significant shift from the current requirement of the accused’s presence in court.

• Zero FIRs: The scope of Zero FIRs will be expanded, allowing for immediate police action regardless of jurisdiction, with provisions to transfer the case to the relevant station within 15 days.

This legislative overhaul aims to address the evolving legal and social landscape of India, ensuring justice, safety, and integrity within the judicial system.

Click Here to Read Previous Reports on New Criminal Laws

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