The Indian Penal Code was introduced in India in 1860 and was drafted under the leadership of Lord Macaulay. It provided a comprehensive code describing all major crimes at that time. However, with technological advancements and changes in society, new types of crimes emerged that required amendments to the criminal laws. This led to the passage of the Criminal Law Amendment Act in 2018, which aimed to strengthen laws related to rape and sexual assault. It also increased penalties for such crimes. Further, in 2023 the Union Home Minister introduced new bills to replace the Indian Penal Code, Criminal Procedure Code, and Evidence Act with updated versions to bring India's criminal laws in line with current needs.
The Indian Penal Code was introduced in India in 1860 and was drafted under the leadership of Lord Macaulay. It provided a comprehensive code describing all major crimes at that time. However, with technological advancements and changes in society, new types of crimes emerged that required amendments to the criminal laws. This led to the passage of the Criminal Law Amendment Act in 2018, which aimed to strengthen laws related to rape and sexual assault. It also increased penalties for such crimes. Further, in 2023 the Union Home Minister introduced new bills to replace the Indian Penal Code, Criminal Procedure Code, and Evidence Act with updated versions to bring India's criminal laws in line with current needs.
The Indian Penal Code was introduced in India in 1860 and was drafted under the leadership of Lord Macaulay. It provided a comprehensive code describing all major crimes at that time. However, with technological advancements and changes in society, new types of crimes emerged that required amendments to the criminal laws. This led to the passage of the Criminal Law Amendment Act in 2018, which aimed to strengthen laws related to rape and sexual assault. It also increased penalties for such crimes. Further, in 2023 the Union Home Minister introduced new bills to replace the Indian Penal Code, Criminal Procedure Code, and Evidence Act with updated versions to bring India's criminal laws in line with current needs.
According to the Charter Act, 1833, India's first law commission
in 1834 recommended drafting of the Indian Penal Code. Lord Macaulay, who was the chairman of that law commission, spearheaded its drafting. The Code was basically a comprehensive enactment describing all major crimes in existence at that time.
The world is dynamic, changes occur according to the needs of
the society and just as the general population who possessed a spot in that society. For example, during the 18th century, there was hardly any law to govern cyber crimes but due to technological advancements, dynamic features the Cyber Law developed rudimentarily. Therefore a sudden increase in the rate of crime regarding cyber threats, ransomware, and other cyber offences made us realize that there should be a law to deal with these advanced crimes. Similarly, Criminal Law Amendment Bill 2018 provides to amend relevant sections of IPC, Cr.P.C. and POCSO Act and also enhanced the minimum sentence for the offence of rape including the age part.
Need for Criminal Amendment Act, 2018
A report by the “Thomson Reuters Foundation” ranked India as the most dangerous country for women due to sexual violence, human trafficking, child labour, child marriage, and female foeticide. According to the National Record Crime Bureau (NRCB) in its annual report of year 2013 states that approx 24,923 rape cases were reported across India in 2012. And in 98% cases, the accused was found to be a relative of the victim.The per capita rate of assault is most minimal, as a rule of assault, goes unreported. But rape cases like Kathua rape case and the Unnao rape case incidents triggered and widespread hatred in public. And feeling of condemnation results in media attention, and public protest demonstrated for the sake of justice. this increases the willingness to report the rape cases, and this led the government of India to bring some changes in the existing penal laws. Hence, there was an indispensable need for this Criminal Amendment Act.
What is the new criminal law in India?
Union Home Minister Amit Shah on Friday introduced
the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872, respectively.14-Aug-2023 The Bharatiya Nyay Sanhita Bill, 2023, which will replace the IPC, 1860. The Bhartiya Nagrik Suraksha Sanhita Bill, 2023, which will replace the CrPC, 1898. The Bharatiya Sakshya Bill, 2023, which will replace the Evidence Act, 1872.