Revised Criminal Reform Bills in Parliament

December 14, 2023

GS Paper II Indian Polity and Governance

Context: The Centre reintroduced three amended criminal reform bills in the Lok Sabha, withdrawing the earlier versions that had been introduced earlier.

Reinvented Criminal Reform Bills of 2023 – BNS, BNSS, and BS

Suggestions by Parliamentary Standing Committee: The earlier versions of the bill were referred to a standing committee which suggested several changes to the bill.
Reintroduction of Bill: The government has reintroduced the revamped criminal law Bills after incorporating few changes suggested by the Committee.
Three new bills are:
- Bharatiya Nyay Sanhita (BNS), 2023: To replace the Indian Penal Code (IPC), 1860;
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replacing Code of Criminal Procedure, 1973(CrPC)
- Bharatiya Sakshya (BS) Bill, 2023: Replacing the Indian Evidence Act,1872.

Changes Made in the Revamped Criminal Reform Bills:

Revamped Criminal Law Bills:	Changes Made
Bharatiya Nyaya Sanhita (BNS), 2023	Provisions related to offences and penalties have been streamlined.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:	Use of handcuffs: Restricted to select heinous crimes and not be applicable for economic offences. Mercy Petition: Mercy petitions forwarding to the Home Department of the state government or the Centre for review is discontinued. Introduction of definition of community service: Work that the court may order a convict to do as a community-benefiting punishment for which the prisoner will not be paid. It provides first time community service as one of the punishments for petty offences. Forensic investigation: Mandated for offences punishable with at least seven years of imprisonment. Timelines: Prescribes timelines for various procedures, judgement and investigation.
Bharatiya Sakshya (BS) Bill, 2023	Classification of Primary Evidence: Electronic records classified as documents and primary evidence. Expansion of Secondary evidence: Includes oral and written admissions as well as the testimony of a person who has examined the document.