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.
|
News Source: Indian Express
14 Dec 2023
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