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Change in criminal law Sections after 165 years: 302, 376, 420 no longer murder, rape, cheating; check list

After 165 years, India's criminal law sections have been revamped: Section 302 is no longer for murder, Section 376 is redefined from rape, and Section 420 no longer covers cheating, reflecting significant legal updates.
 

Criminal law sections change after 165 years: 302 is not murder, 376 is not rape, 420 is not cheating; brief list here anr
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First Published Jul 2, 2024, 10:47 AM IST

India's legal system welcomed new criminal laws which took effect on July 1, replacing the long-standing Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure. The IPC (1860) and Evidence Act (1872), enacted during the British regime, have been replaced by the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Adhiniyam (BS). Additionally, the Code of Criminal Procedure 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What was the need for the new Acts?

The existing laws, dating back to the colonial era, were replicas of British criminal jurisprudence designed to rule and oppress Indians rather than provide justice. Many of these laws have become irrelevant as society has evolved significantly. The introduction of these three new Acts aims to make the criminal justice system more efficient and better suited to contemporary needs.

Major Changes of the old IPC Sections:

The references to offenses by sections of the IPC, which had become ingrained in people's minds over the last 165 years, will change with the new laws. The Bharatiya Nyaya Sanhita (BNS) contains 358 sections, compared to the 511 sections in the Indian Penal Code (IPC). As a result, the longstanding numbering of many criminal charges listed in the IPC has changed.

Here is a list of some major criminal charges and their corresponding sections in the Bharatiya Nyaya Sanhita (BNS):

1. Rape

Previously covered under Section 375 of the Indian Penal Code, the offense is now addressed under Section 63 of the Bharatiya Nyaya Sanhita.

2. Gang Rape

Previously covered under Section 376D of the Indian Penal Code, the offense is now addressed under Section 70(1) of the Bharatiya Nyaya Sanhita.

3. Murder Punishment

Previously covered under Section 302 of the Indian Penal Code, the offense is now addressed under Section 103 of the Bharatiya Nyaya Sanhita.

4. Attempt to Murder

Previously covered under Section 307 of the Indian Penal Code, the offense is now addressed under Section 109 of the Bharatiya Nyaya Sanhita.

5. Dowry death

Previously covered under Section 304B of the Indian Penal Code, the offense is now addressed under Section 80 of the Bharatiya Nyaya Sanhita.

6. Cruelty against a married woman

Previously covered under Section 498A of the Indian Penal Code, the offense is now addressed under Section 85 of the Bharatiya Nyaya Sanhita.

7. Sexual harassment

Previously covered under Section 354A of the Indian Penal Code, the offense is now addressed under Section 75 of the Bharatiya Nyaya Sanhita.

8. Cheating

Previously covered under Section 420 of the Indian Penal Code, the offense is now addressed under Section 318 of the Bharatiya Nyaya Sanhita.

9. Criminal Intimidation

Previously covered under Section 503 of the Indian Penal Code, the offense is now addressed under Section 351 of the Bharatiya Nyaya Sanhita.

10. Criminal Conspiracy

Previously covered under Section 120A of the Indian Penal Code, the offense is now addressed under Section 61 of the Bharatiya Nyaya Sanhita.

11. Sedition

Previously covered under Section 124A of the Indian Penal Code, the offense is now addressed under Section 152 of the Bharatiya Nyaya Sanhita.
 

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