Notification on Amendments to Indian Penal Code and Criminal Procedure Code
Summary
The Law Commission of India has published an extraordinary gazette notification detailing amendments to various Indian laws, including the Indian Penal Code and the Code of Criminal Procedure. The notification specifies new penalties and procedural changes, with some provisions effective immediately and others by 2027.
What changed
This notification from the Law Commission of India announces amendments to several key legal statutes, including the Indian Penal Code and the Code of Criminal Procedure. It details specific changes to penalties and procedural requirements, with some provisions taking effect on September 2, 2024, and others by July 31, 2027. The document outlines new definitions and classifications for offenses and revises existing penalty structures.
Legal professionals, law enforcement agencies, and criminal defendants will need to familiarize themselves with these updated provisions. Key actions include understanding the revised penalty amounts for offenses, which range from INR 2,25,000 to INR 2,50,000 for certain violations, and adhering to new procedural requirements for investigations and prosecutions. Compliance with these changes is mandatory, with specific deadlines for different provisions extending to 2027.
What to do next
- Review amendments to the Indian Penal Code and Code of Criminal Procedure.
- Understand new penalty structures and effective dates for various provisions.
- Update internal legal and procedural guidelines to reflect the changes.
Penalties
Penalties range from ₹2,25,000 to ₹2,50,000 for certain violations.
Source document (simplified)
. ..- 33004/99 REGD. No. D. L.-33004/99
..-..-.-02092024-256849 CG-DL-E-02092024-256849 xxxGIDHxxx xxxGIDExxx
EXTRAORDINARY I— 1 PART I—Section 1 PUBLISHED BY AUTHORITY
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No. 233] NEW DELHI, MONDAY, SEPTEMBER 2, 2024/BHADRA 11, 1946 . 233] , , 2, 2024/ 11, 1946
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC.1]
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- ( ) 19047/5/2024-.IV 14.08.2024 . 25/CM/2024 02.09.2024 ,
MINISTRY OF LAW AND JUSTICE (Department of Legal Affairs) ORDER New Delhi, the 2nd September, 2024 Subject: Constitution of Twenty-third Law Commission of India for a term of three years from 01 September, 2024 stto 31 August, 2027. st No. A-60011/225/2022-Admn. III.—The sanction of the President is hereby accorded to the constitution of the Twenty-third Law Commission of India for a period of three years from 01 September, 2024 to 31 August, 2027 st stconsisting of: (i) a full-time Chairperson; (ii) four full-time Members (including Member-Secretary); (iii) Secretary, Department of Legal Affairs as ex officio Member; (iv) Secretary, Legislative Department as ex officio Member; and (v) not more than five part-time Members.
- The Headquarters of the Law Commission will be at New Delhi.
- Sanction of the President is also accorded to the following terms and conditions of appointment of the Chairperson, Members (including Member-Secretary) and part-time Members: - (A) FULL-TIME CHAIRPERSON/ MEMBERS OF THE COMMISSION (a) SERVING JUDGES OF SUPREME COURT/HIGH COURT (i) The Chairperson/Members of the Law Commission who are serving Judges of the Supreme Court / High Court shall perform their functions on a whole-time basis up to the date of retirement from the Supreme Court/High Court or expiry of the term of the Commission, whichever be earlier. (ii) The time spent by them in the performance of such functions as Chairperson/ Member of the Commission shall be treated as “actual service” for purposes of: - (a) in the case of a Supreme Court Judge, section 2(b)(i) of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, as amended from time to time; (b) in the case of a High Court Judge, Section 2(c)(i) of the High Court Judges (Salaries and Conditions of Service) Act, 1954, as amended from time to time. (iii) No additional remuneration apart from the salary, as a Judge of the Supreme Court or High Court, as the case may be, shall be admissible to them for performing the functions and duties of Chairperson/ Member of the Commission. (iv) For journeys performed in connection with the work of the Commission during the period of his assignment, the Chairperson/Member shall be entitled to draw travelling allowance at the same rate as admissible to a Judge of the Supreme Court or High Court, as the case may be and in all other matters, the Chairperson/Member will be governed by:
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC.1]
(a) the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 and the Supreme Court Judges (Travelling Allowance) Rules, 1959 and other rules framed thereunder in the case of a Judge of the Supreme Court; (b) the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the High Court Judges (Travelling Allowance) Rules, 1956, and other rules framed thereunder in the case of a Judge of a High Court. (v) The Chairperson/Member shall be his own controlling officer for the purpose of travelling allowance. (B) OTHER CATEGORY OF PERSONS APPOINTED AS CHAIRPERSON/FULL -TIME MEMBERS (i) The Chairperson shall be entitled a pay of ₹ 2,50,000/- (Rupees Two Lakh Fifty Thousand only) (fixed) per month. In case of Members, a pay of ₹ 2,25,000/- (Rupees Two lakh twenty-five thousand only) (fixed) per month will be admissible. In the case of a retired person (including retired judges) the pay (including pension or pension equivalent to the retirement benefits) not exceeding ₹ 2,50,000/- or ₹ 2,25,000/- per month, as the case may be, shall be admissible as per existing Government instructions. (ii) The Chairperson/Member shall be entitled to allowances and other terms and conditions as are admissible to an officer of the Central Government getting equal pay. (iii) The Chairperson/Member shall be entitled to make contributions to the contributory provident fund from the date of appointment in accordance with the Contributory Provident Fund Rules (India), 1962, subject to such conditions as are applicable to re-employed Central Government servants. (iv) The Chairperson/Member shall be his own controlling officer for the purpose of travelling allowance. (v) The Chairperson/Member shall be entitled to leave as admissible to a Government servant under the Central Civil Services (Leave) Rules, 1972 and shall also be entitled to encashment of leave at the end of tenure in the Commission, provided that the total number of days of encashment of leave taken on retirement from Government (in case of retired Government servant) and at the end of tenure in the Commission shall be restricted to 300 days. (C) FULL-TIME MEMBER-SECRETARY/ SECRETARY (i) A Full-time Member-Secretary (in the rank and pay of Secretary to the Government of India), shall be a serving Member of the Indian Legal Service. (D) PART-TIME MEMBERS (i) A Part Time Member shall be paid an honorarium of ₹ 50,000/- (Rupees Fifty thousand only) per month. (ii) For the journeys performed in connection with the work of the Commission, the travelling allowance of the part-time Members who are non-officials shall be as admissible to officers of the level of Joint Secretary in the Government of India. (iii) If the journey is performed by air, the Chairperson and Member-Secretary /Secretary, shall decide the class of travel i.e. economy class or executive class and in the case of part-time Members, who are Government servants, the travelling allowance for journeys in respect of the work of the Commission shall be governed by the relevant rules applicable to them as Government servants. (iv) The Chairperson of the Commission shall be the controlling officer for the purpose of the travelling allowance of the part-time Members. (v) In the case of Part-time Members of the Commission, the ordinary place of their residence, to be named in advance shall be their respective Headquarters for the purpose of travelling allowance. (E) The Chairperson and Members (excluding the Member Secretary) of the Commission, while holding the office shall not act as arbitrator in any matter. However, the Central Government may permit them to complete pending arbitrations with them at the time of their appointment, within a period not exceeding six months.
- The terms of reference of the Twenty-third Law Commission shall be as under:-
- Review/Repeal of obsolete laws: (i) Identify laws which are no longer needed or relevant and can be immediately repealed.
[ I— 1] : 7 (ii) Creating a Standard Operating Procedure (SoP) for periodic review of existing laws inter-alia for the undertaking of simplification of language and processes. (iii) Identify laws which are not in harmony with the economic needs and requirements of the times and require amendments. (iv) Identify laws which otherwise require changes or amendments and to make suggestions for their amendment. (v) Consider in a wider perspective the suggestions for revision/amendment in laws given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonizing them. (vi) Consider references made to it by Ministries/Departments through the Department of Legal Affairs, Ministry of Law and Justice, in respect of legislations having bearing on the working of more than one Ministry/Department. (vii) Suggest suitable measures for quick redressal of citizens grievances, in the field of law.
Law and Poverty:
(i) Examine the laws which affect the poor and carry out post enactment-audit for socio-economic legislations. (ii) Take all such measures as may be necessary to harness law and the legal process in the service of the poor.Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands
of the times and in particular to secure: (i) elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decision should be just and fair. (ii) Simplification of processes and court procedures and suggesting harmonising Rules of various High Courts for the sake of uniformity and ease of understanding and implementation. (iii) simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice. (iv) Implementation of framework for case management hearing and case flow management.Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of
improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto.
Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities
and inequities.Consider and convey to the Government its views on any subject relating to law and judicial administration
that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs).Consider the requests for providing research assistance/guidance to any foreign countries as may be referred
to it by the Government through the Ministry of Law and Justice (Department of Legal Affairs).Examine the impact of globalization on food security, unemployment and recommend measures for the
protection of the interests of the marginalized.The Law Commission shall finalize its recommendations after consultation with the nodal
Ministry/Department(s) and such other stakeholders as it may deem necessary for the purpose.The Law Commission shall submit its reports both in Hindi and English language with sufficient number of
copies for being placed on Tables of both Houses of Parliament and shall also make its reports available through website or otherwise as soon as Reports are submitted to the Government.The Reports submitted by the various Law Commissions are available on the website
https://lawcommissionofindia.nic.in To facilitate the Researchers and to create awareness amongst Judges, Lawyers, Law Teachers and Students, on the various recommendations made in the Reports of the Commission, a brief summary of all the Reports shall be made available online.
8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC.1]
The Law Commission may develop partnership network with reputed Law Universities/Law Schools and
policy research institutions in the country and abroad. It may also provide opportunities of internship to fresh graduates/students of law from recognised law colleges/schools/universities in India, under its voluntary internship programme, the details of which may be published on its website.The Law Commission may also engage consultants / legal consultants or experts for specific projects or work
depending on the nature or urgency of the subject matter.The expenditure involved is debitable to the Major Head 2070 – Other Administrative Services – Minor Head
00.105 – Special Commissions of Enquiry – 01 – Law Commission, under Demand No.65, Ministry of Law and Justice, in so far as the current financial year 2024-2025 is concerned. As regards the financial years 2025-2026 and 2026-27, the expenditure will be met from the corresponding Grants that may be voted by Parliament for those years.This order issues with the concurrence of the Ministry of Finance (Department of Expenditure) vide their OM
No. 19047/5/2024-E.IV Dated 14.08.2024 and also with the approval of the Cabinet vide their communication No. 25/CM/2024 Dated 02.09.2024. AJAY KUMAR ARORA, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.
SARVESH KUMAR Digitally signed by SARVESH KUMAR SRIVASTAVA SRIVASTAVADate: 2024.09.02 22:54:31 +05'30'
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