Context:
Recently, the Union Home Minister introduced three bills in Lok Sabha for reforming India’s criminal justice system to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people.
- He introduced the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023 and Bharatiya Sakshya (BS) Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively.
About the Earlier Laws:
- These laws collectively establish the foundation for the Indian criminal justice system, ensuring that crimes are defined, investigated, and tried in a fair and just manner, and that evidence is handled and presented reliably in legal proceedings.
| Earlier Laws |
Indian Penal Code (IPC) (1860) |
Criminal Procedure Code (CrPC) (1898) |
Indian Evidence Act (IEA) (1872) |
| Definition |
It defines various criminal offenses and their corresponding punishments, providing a legal framework for addressing criminal behavior. |
It outlines the procedures for the investigation, trial, and punishment of criminal offenses, ensuring a fair and just handling of cases. |
It governs with the rules of evidence in legal proceedings, including the admissibility of evidence, witness testimonies, and ensuring the reliability of evidence presented. |
| Examples |
IPC Section 302 deals with “Punishment for Murder.”
It says whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine. |
CrPC Section 173 deals with “Police Report”.
It says after completing the investigation, the police submit a report to the magistrate detailing the evidence collected and recommending further action. |
lEA Section 32 deals with the “Dying Declaration”.
It says that a statement made by a person who is dead, relating to the cause of their death, is admissible evidence. |
Need to Bring New Criminal Justice Bills:
- Shift from Punishment to Justice to provide comprehensive justice, to protect the rights and well-being of Indian citizens.
- Repealing Outdated Laws to align the legal framework with the modern principles of justice, human rights, and citizen protection.
- Empowering Citizens by ensuring that their rights are safeguarded like by replacing the sedition law, the government aims to strike a balance between protecting national integrity and upholding the citizens’ freedom of expression.
- Addressing Contemporary Issues and Adapting to Changing Times by acknowledging the changing societal dynamics and criminal trends, making provisions for offenses like chain/mobile snatching, mob lynching and other organized crimes.
- Enhancing Accountability on law enforcement agencies by including strict timelines for investigation, charge sheet filing, and judicial verdicts, and reducing the possibility of undue delays and manipulation.
- Modernizing Procedures such as mandatory video recording of victims’ statements and utilization of forensic teams in investigations.
- Promoting Fair Trials by allowing trials to proceed even in the absence of the accused which will prevent delays and ensure that justice is not hindered due to evasion tactics by offenders.
- Increasing Conviction Rate by setting a goal of achieving a conviction rate above 90%, as outlined in the Bharatiya Suraksha Sanhita Bill, 2023, demonstrates the commitment to ensuring effective prosecution and reducing the impunity of criminals.
- Restoring Trust by promoting fairness, swift justice delivery, and ensuring the rights of both victims and accused are respected.
Specific Provisions:
- Mob Lynching: Capital punishment as the maximum sentence.
- Sexual Violence: The video-recording of statement of survivors has been made compulsory.
- Marrying or making sexual relations with a woman by deception, by giving wrong credentials would be a separate category of crime.
- Ten years imprisonment for sexual intercourse with women on the false promise of marriage.
- The Bill however, states that “sexual intercourse by a man with his own wife, (not being under eighteen years of age), is not rape.”
- Against Government Sovereignty Acts: The Bill for the first time defines terrorism and offenses such as separatism, armed rebellion against the government, challenging the sovereignty of the country.
- Accountability by introducing Specific Timeline: Police have to inform about the status of a complaint in 90 days.
- If a case punishable by seven years or more is to be withdrawn, then before doing so, the police must consult the victim.
- The maximum limit of 180-days has been fixed to file a chargesheet.
- The government will have to decide prosecution sanction against police officers and civil servants within 120-days, else it will be deemed to be permitted.
- Speedy Trials: Rather than retired police officers, the SP (Superintendent of Police) presently holding charge will present facts before the court after going through files.
- A police officer will be designated in each police station who will certify to the relatives of an accused that she/he is in police custody in both online and physical mode.
About the Parliamentary Standing Committee Process:
- Referring of Bills to a Parliamentary Standing Committee.
- Discussion of Bills clause by clause by the Committee and invitation to the Home Ministry representatives for testification.
- Public notice seeks opinions from stakeholders like lawyers, law students, jurists, etc.
- Recommendations by the Committee in a comprehensive report, usually taken into consideration by the government.
Discussion in the Parliament:
- Reviews Recommendations: Government reviews Committee recommendations and decides to incorporate or modify.
- Debates & Voting: Bills go through debates and voting in Lok Sabha, followed by Rajya Sabha.
- Rectification: Passage requires a simple majority in both houses.
News Source: The Hindu
To get PDF version, Please click on "Print PDF" button.
August 12, 2023
