Criminal laws: Rape-murder, street fights, false claims in court, and fake notes… know whether their punishment has increased or decreased in the new law

Three new criminal laws Indian Justice Code, the Indian Civil Defense Code, and the India Evidence Act have come into force from July 1. FIRs are also being registered under this in Delhi and other states. Meanwhile, people have many questions in their minds about the laws. Let us know those questions and their answers which are being discussed.

There are 358 sections in the Indian Justice Code.

1 July 2024 was recorded as a historic date in the legal system of the country. The Indian Justice Code, Indian Civil Defense Code, and Indian Evidence Code have replaced the IPC, CrPC, and Indian Evidence Act, which have been in existence since the time of slavery. Now criminal cases will be decided by these laws. Meanwhile, many questions are arising in the minds of common people about the new laws. Let us know about those crimes and questions which are being discussed the most.

The Indian Judicial Code (BNS) has 358 sections, while the IPC has 511 sections. A total of 20 new crimes have been added to the code and the punishment of imprisonment has been increased for 33 crimes. The amount of fine has been increased in 83 crimes and a mandatory minimum sentence has been provided in 23 crimes.

1- Has the punishment for murder increased or decreased in the new law?

Section 103 of the BNS mentions the punishment to be given to the person guilty of murder. Section 103 (1) says that any person committing murder will be punished with either the death penalty or life imprisonment with a fine.

The Indian judicial code also has rules for mob lynching cases. Section 103 (2) makes it clear that if a group of five or more people, after full agreement, kills based on race, caste or community, sex, place of birth, language, personal belief, or any other basis, then every member of the group will be sentenced to death or life imprisonment, in addition to the fine.

2- What will be the punishment in hit-and-run cases?

Section 106 of the Indian judicial code provides for punishment in case of death due to negligence. Hit-and-run cases come under this. In the old legal system, there was a rule on this in Section 304A. In such cases, the IPC had a provision for two years of imprisonment, or fine, or both as punishment.

Under Section 106 (1), whoever causes the death of a person by doing any act without thinking or negligence which does not fall under the category of culpable homicide, shall be punished with imprisonment for up to five years and a fine.

Section 106(2) of the Indian Code of Justice 2023 contains the law of hit-and-run case. According to the government gazette, if a person dies due to negligent driving and the accused person flees from the accident spot without reporting to the police or magistrate, then there is a provision of a maximum of 10 years imprisonment. However, it has not been implemented yet. The court has yet to decide on this provision.

3-What does the law say about marital rape?

Marital rape is not mentioned in the Indian Code of Justice. Exception (2) of Section 63 states that if a person forcibly has sexual intercourse with his wife, it will not be considered rape. Provided that the wife is more than 18 years old.

Section 67 mentions the punishment for having sex with a wife living away without her consent during separation. According to this, if the wife is living separately and the husband has sex without her consent, then he will be punished. As a punishment, the person will be sentenced to 2 to 7 years in jail and will also have to pay a fine.

4- Strictness against those who rape minors

Section 63 of the Indian Penal Code mentions the crime of rape. Section 63 defines rape and sections 64 to 70 provide the punishment. Under Section 70 (1) of the Indian Penal Code, every criminal involved in the crime of gang rape of a woman will be sentenced to at least 20 years. This punishment can be extended to life imprisonment.

The punishment for raping minors has been made stricter. According to Section 70 (2) of the Indian Penal Code, if the victim is below 18 years of age, i.e. a minor, then every culprit involved in gang rape can be punished with death.

5- Will the person who tries to commit suicide be jailed?

In the Indian Penal Code, along with the person who instigates suicide, the person who tries to commit suicide was also punished. Section 309 of the IPC had a provision to punish the person who tries to commit suicide with simple imprisonment for one year. This has been removed in the new law.

Section 107 reads, 'If a child, a retarded person, a deranged person or a person in a state of intoxication commits suicide, then whoever has instigated him to commit suicide can be punished with death penalty or life imprisonment or imprisonment for more than ten years.' In these cases, the culprit can also be fined.

Section 108 has a provision for suicide by an adult. According to this, anyone who is found guilty of instigating another person to commit suicide can be punished with death penalty or imprisonment for ten years. The culprit can also be fined.

6- What will be the punishment for kidnapping and demanding ransom?

According to the new legal system, whoever kidnaps a person with the intention of killing him or demanding ransom in return, can be punished with life imprisonment or rigorous imprisonment for up to 10 years. This provision is in section 104.

7- Death penalty for waging war against the Government of India

Section 147 of the Indian Justice Code says that whoever wages war or attempts to wage war or incites to wage war against the Government of India, shall be punished with death or life imprisonment.

8- Sedition is no longer a crime, what is the punishment for treason in BNS?

The crime of treason has been removed in BNS. Instead, punishment will be given in these cases – (i) committing or attempting to commit secession, armed rebellion, or subversive activities, (ii) encouraging feelings of separatist activities, or (iii) endangering the sovereignty or unity and integrity of India. Even though there is no 'sedition' in the law, BNS (Sections 150, 195, 297) refers to 'seditious cases'. These cases will attract a maximum jail term of 10 years.

9- How will the new law crack down on those printing fake notes?

If someone makes fake notes or coins or knowingly becomes a participant in such work, he can be punished with life imprisonment or 10 years of imprisonment and fine.

10- Fighting in the middle of the road will be a crime, jail term will be this much

When two or more people quarrel in a public place and disturb the peace there, it will come under the category of crime. Section 194 (2) of BNS clearly states that whoever fights will be punished with one month's imprisonment or a fine of one thousand rupees or both.

11- Hate speech that creates enmity between communities will attract many years of imprisonment

Anyone who tries to promote enmity or hatred or ill-will between different religious, racial, linguistic, or regional castes or communities on the basis of religion, caste, place of birth, residence, language, etc. will be punished with a jail term of 3 years or fine or both.

12- What will be the punishment for making a false claim in court?

If a person fraudulently or dishonestly, or with the intention of hurting or harassing someone, makes a claim in the court that he knows to be false, then he will be punished. As a punishment, he will be imprisoned for two years and will also have to pay a fine.