On December 20, 2023, the Lok Sabha, which is a part of the Indian Parliament, approved three new criminal law bills. These bills aim to bring significant changes to the Indian legal system and establish a justice system that aligns with Indian principles. The new laws will replace the existing Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872. The names of the new bills are Bharatiya Nyaya (Second) Sanhita, 2023; Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and Bharatiya Sakshya (Second) Bill (BSB) 2023. These bills mark a substantial update to the legal framework in India.
In August 2023, the national government introduced three Bills in Parliament intending to reform the nation's criminal justice system. Between 1860 and 2023, India's criminal justice system operated under laws formulated by the British Parliament.
The Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and Bharatiya Sakshya (Second) Bill collectively seek to redefine offenses, prioritize victim-centric justice, and address societal concerns. Critics express concerns about potential misuse, pointing to ambiguous definitions and potential human rights issues. On the other hand, proponents emphasize the bills' importance in advancing national security, integrating technology into legal processes, establishing police accountability, and creating a uniform legal hierarchy. The passage of these bills reflects a significant step toward legal reform, but ongoing debates surround their implications and implementation.
Bharatiya Nyaya (Second) Sanhita, 2023
The Bharatiya Nyaya Sanhita (BNS) keeps many offenses from the IPC but introduces some changes. One notable change is the inclusion of community service as a type of punishment. The new law eliminates the offense of sedition. Instead, it introduces a fresh offense for acts that endanger the sovereignty, unity, and integrity of India.
Additionally, the BNS introduces terrorism as an offense, defining it as an act intended to threaten the unity, integrity, and security of the country, or to intimidate the general public and disturb public order. Organized crime is now recognized as an offense, encompassing activities like kidnapping, extortion, and cybercrime carried out on behalf of a crime syndicate. Even petty organized crime is now considered an offense.
Another significant change involves group-related murder. If a group of five or more individuals commits murder based on certain identity markers such as caste, language, or personal belief, it will be treated as an offense. The penalties for this offense range from seven years to life imprisonment, and in some cases, even death. These adjustments aim to address various aspects of criminal behavior and enhance the legal system's effectiveness.
Bharatiya Nagarik Suraksha (Second) Sanhita 2023
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 introduces several noteworthy provisions to enhance the criminal justice system. Firstly, it mandates the appointment of an independent Director of Prosecution in each district. This individual will have the authority to make appeal decisions independently, regardless of recommendations from the police or prosecution. The law also focuses on accountability within the police force, aiming to establish a more responsible law enforcement system.
Additionally, the legal framework undergoes adjustments to prioritize victim-centric justice, ensuring that the needs and rights of the victims are considered. A significant change involves the introduction of Zero FIR Registration, allowing victims to approach any police station, with the FIR being transferred to the relevant station within 24 hours.
Moreover, the Bharatiya Nagarik Suraksha (Second) Sanhita puts restrictions on the State's withdrawal of cases, ensuring that courts cannot permit the State to withdraw cases without first hearing the victims. To further empower victims, the law mandates timely information dissemination, requiring victims to be provided with copies of the police report and informed about the progress of the investigation within 90 days.
Finally, the legal procedures receive a modern touch with the introduction of electronic modes for inquiries and trials, aiming to streamline and update the legal process. These comprehensive measures collectively seek to enhance the effectiveness, fairness, and victim-centric nature of the criminal justice system.
Bharatiya Sakshya (Second) Bill (BSB) 2023
The Bharatiya Sakshya (Second) Bill (BSB) 2023 brings about comprehensive changes in various aspects of legal procedures. The offenses against the human body, women, and children are reorganized at the beginning of the BNS, with specific provisions outlined for each category. Notably, the age limit for consensual sex with a spouse is increased from 15 to 18 years. The bill addresses the 'Hit and Run' scenarios by punishing up to 10 years imprisonment, with a reduction if the offender aids the victim after the accident.
Acknowledging concerns from the medical community, the bill exempts doctors from the offense of death by negligence. 'Snatching' is recognized as a distinct offense, and more stringent punishment is prescribed for cases where the victim becomes brain dead due to 'grievous hurt.' The BNSS introduces specific timeframes for various legal processes such as FIR registration, preliminary investigation, further investigation, taking cognizance of chargesheets, and trial-related proceedings.
The bill allows trials to proceed in absentia if the accused does not appear within 90 days. For undertrials, first-time offenders may be released if undertrial detention reaches one-third of the sentence, while in other cases, half of the period. Only convicts can file mercy petitions against death penalties, excluding NGOs or third parties from this process. Provisions for electronic registration of FIR (E-FIR) are introduced, benefiting those hesitant to approach police stations, particularly in cases of sexual violence. The bill mandates video recording during search procedures and requires forensic science laboratory team visits at crime scenes for proper evidence collection.
A new witness protection scheme is introduced, and courts are empowered to permit the sale of seized material objects and vehicles within 30 days, supported by video-photographic evidence. The definition of proof is expanded to include smartphone, laptop, messages, website, and locational evidence. Lastly, the bill establishes a uniform hierarchy of criminal courts across the country, eliminating the classification of metropolitan areas and Metropolitan Magistrates. These measures collectively aim to modernize legal processes, protect victims, and ensure a fair and efficient criminal justice system.
Note for UPSC Aspirants: For UPSC aspirants interested in exploring further, here are some keywords to guide your research: Zero FIR, Bailable Offenses, Sedition, E-FIR, Indian Penal Code of 1860, Code of Criminal Procedure of 1973, Indian Evidence Act of 1872, Amendments.
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