New Criminal Laws: Three new criminal laws have come into force across the country from Monday (1 July). With this, the laws made in enslaved India have ceased to exist. Meanwhile, with the implementation of the new criminal law, concerns are being raised over the exclusion of penal provisions for rape of male or transgender victims in the Indian Penal Code. At the same time, IPC 377 has been completely removed from the Indian Penal Code, which makes unnatural physical relations a crime. This will now take away the protection given to men and transgenders.
In fact, in the year 2018, the Supreme Court of India made significant changes to Section 377 of the IPC through its landmark Navtej Singh Johar vs Union of India decision. The Supreme Court’s decision decriminalized consensual sexual relations between adults, including those of the same sex. However, in the new Indian Judicial Code, the law has completely removed this section.
Male and transgender rape victims are unsafe
Let us tell you that, despite its amendment in the year 2018 to exclude consensual homosexual relations, Section 377 is still used to prosecute cases for non-consensual acts. However, the removal of this law from the Indian Justice Code leaves limited legal avenues for male and transgender victims to seek recourse in cases of sexual assault. At the same time, from today, rape laws in India are not gender neutral and after July 1, rape of men and transgender persons will become a non-crime.
The new laws were approved by President Draupadi Murmu
It is worth noting that three new criminal laws- Indian Justice Code, Indian Civil Defense Code and Indian Evidence Act have come into force from today. Under this, the Indian Penal Code has been replaced by the Indian Justice Code, CrPC by the Civil Defense Code and the Indian Evidence Act by the Indian Evidence Act. Which is an important legal change after 77 years of independence. These laws will be implemented by the President on December 25, 2023. Draupadi Murmu The approval was granted.
Section 358 was added to the Indian Judicial Code
At the same time, these three new criminal laws add 358 sections to the Indian Penal Code, which is less than the 511 sections of the IPC, including 20 new crimes and increased imprisonment for 33 crimes. However, there are no provisions for gender-neutral punishment for rape, which shows a shortcoming in the new criminal law.
