Sanhit Bills: IPC, CrPC, and IEA in India

  Aug 22, 2023

`Sanhit Bills`- Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA):

To Change or Not to Change

Aspect Arguments in Favor of Change Arguments against Change Examples of IPC Examples of CrPC Examples of IEA
Modernization Updating cybercrime laws to address new forms of online offenses. Current laws might still cover various aspects of cybercrime. Charging individuals under outdated IT Act sections for cyberbullying and online harassment. Investigating online financial fraud using existing CrPC provisions related to search and seizure. Presenting digital communications as evidence in a criminal trial under the IEA to establish intent and planning.
Societal Evolution Recognizing hate speech laws to combat online hate and discrimination. Critics argue that existing laws already cover hate speech. Applying current IPC provisions on hate speech to online platforms and social media. Utilizing CrPC provisions to address cases of online stalking and harassment through electronic communication. Admitting digital records of hate speech as evidence under the IEA in cases involving online defamation and harassment.
Legal Gaps Addressing gaps in online privacy laws to protect personal data. Opponents might argue that current laws provide sufficient privacy protection. Pursuing cases against unauthorized data collection and sharing under relevant IPC provisions. Investigating cyberbullying incidents involving minors using CrPC provisions on child protection. Presenting electronic records as evidence of online privacy breaches under the IEA in civil and criminal cases.
Preservation of Rights Balancing surveillance laws with the right to privacy. Critics might argue that surveillance is necessary for national security. Balancing individual privacy rights with IPC provisions addressing unauthorized online surveillance. Applying CrPC provisions related to electronic evidence to investigate cybercrimes involving stolen data. Admitting electronic records as evidence in court under the IEA while ensuring data privacy and authenticity.
Misuse and Ambiguity Preventing misuse of cybercrime laws to suppress online dissent. Detractors might argue that existing laws are necessary for online crime control. Charging individuals with sedition for expressing dissenting opinions on social media platforms. Using CrPC provisions on electronic communication to investigate cyberbullying cases. Adhering to IEA standards for admitting electronic records while addressing concerns about potential manipulation and forgery.
International Standards Aligning cybercrime laws with international cybersecurity norms. Critics might assert that national security takes precedence over global standards. Revising IPC sections to align with international norms on cyber espionage and cyberterrorism. Applying CrPC provisions on extradition for cases involving cross-border cybercrimes. Ensuring that electronic evidence presented under the IEA meets internationally accepted standards of admissibility and authenticity.
Examples of Misuse Pointing to instances of cybercrime laws misused for political gain. Some might argue that cybercrime laws are essential for maintaining order. Charging individuals under cybercrime laws for sharing satirical content that criticizes government policies. Utilizing CrPC provisions to investigate cases of online identity theft and financial fraud. Presenting electronic communications as evidence in cyberbullying cases, demonstrating the impact of online harassment.


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