In a significant move, Union Home Minister Amit Shah introduced three transformative bills in the Lok Sabha on August 11. The bills aim to overhaul India’s criminal justice system and replace colonial-era laws.
The Bharatiya Nyaya Sanhita Bill, 2023, will replace the Indian Penal Code (IPC), the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, is set to replace the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Bill, 2023, seeks to replace the Indian Evidence Act.
What is Bharatiya Nyaya Sanhita Bill, 2023?
- The bills come with several notable features, including the proposal of the death penalty for instances of mob lynching and penalties for engaging in deceptive sexual relationships.
- The Bharatiya Nyaya Sanhita is set to undergo 356 amendments, prioritizing offenses against the state, crimes involving women and children, and cases of murder.
- A significant addition to this draft is the inclusion of provisions concerning terrorist activities and organized crime, which is a first.
- Notably, the Bill replaces the concept of sedition with a new Section 150 that focuses on actions that jeopardize India’s sovereignty, unity, and integrity.
- Such actions could result in punishments ranging from 7 years to life imprisonment and fines.
- Furthermore, the proposed punishments encompass the death penalty for the rape of a minor, while gang rape could lead to imprisonment ranging from 20 years to life.
- A distinctive aspect of the Bharatiya Nyaya Sanhita is its incorporation of community service as a penalty for minor offenses, marking the first time such a concept will be part of the penal code.
- This shift towards community service parallels the approach in the United States, where penalties like community service are assigned for acts such as vandalism and petty theft.
What is Bharatiya Nagarik Suraksha Sanhita Bill, 2023?
- The proposed legislation aims to consolidate and modify the laws concerning criminal procedures.
- The draft law emphasizes the utilization of technology and forensic sciences for crime investigations and the option to file complaints through electronic communication.
- The Bharatiya Nagarik Suraksha Sanhita Bill nullifies nine sections of the existing Criminal Procedure Code (CrPC), suggests changes to 107 sections, and introduces nine new sections.
- The total count of sections in the Bill is 533, surpassing the 484 sections in the current CrPC of 1973. The draft mandates specific timeframes for expeditious investigations, trials, and verdicts.
- The Bill enables the acceptance of digital or electronic records as evidence, conferring them with the same legal validity and enforceability as physical records.
- The legislation adopts a people-centric approach by ensuring that individuals receive a copy of the First Information Report (FIR) and are informed about the case’s progress, potentially through digital means. Video conferencing will be employed to facilitate trial proceedings.
- Regarding the ‘Zero FIR,’ the Bill suggests citizens can file an FIR at any police station, regardless of its jurisdiction. Subsequently, the FIR must be transferred within 15 days to the police station with jurisdiction over the location of the crime.
What is Bharatiya Sakshya Bill, 2023?
- The Bharatiya Sakshya Bill outlines the fundamental regulations and principles governing the collection and presentation of evidence in all criminal cases, which fall under the purview of the Evidence Act.
- This Bill validates using electronic or digital records as admissible evidence, granting them the same legal significance as traditional paper documents.
- The proposed legislation revokes five existing clauses within the Evidence Act, modifies 23 clauses, and introduces one new clause. The Bill suggests amendments to 23 Sections, resulting in a comprehensive document comprising 170 Sections.
- The definition of secondary evidence is broadened to encompass duplicates produced through mechanical processes, duplicates of documents, and verbal descriptions of document contents.
- The Bill introduces transparent and standardized regulations governing evidence handling during trial proceedings.
While the bills propose a shift towards a justice-centric approach, certain aspects, like replacing the sedition law with a new provision (Section 150), have raised questions about potential misuse and a need for more precise definitions. The bills have been referred to the Parliamentary Standing Committee for further examination.
As per the government, these reforms reflect India’s commitment to modernizing its legal framework in line with evolving social dynamics and technological advancements. Amit Shah said the new laws “aim to give justice, not punishment.” The changes are expected to accelerate the legal process and ensure fair and effective justice delivery.
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