Syllabus: GS2 – Govt policies and interventions
Source: The Hindu,18/08/23
Context:
Union Home Minister introduced three Bills in the Lok Sabha. The proposal raises questions on whether there is a need to replace the IPC, the CrPC and the Evidence Act.
Content:
- The government has introduced three bills- Bharatiya Nyaya Sanhita (BNS) Bill 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill 2023, and Bharatiya Sakshya (BS) Bill 2023 to replace the Indian Penal Code 1860, Criminal Procedure Act 1973, and the Indian Evidence Act 1872 respectively
| Act | Bill |
| Indian Penal Code, 1860 | The Bharatiya Nyaya Sanhita Bill |
| The Code of Criminal Procedure, 1973 | The Bharatiya Nagarik Suraksha Sanhita Bill |
| The Indian Evidence Act, 1872 | The Bharatiya Sakshya Bill |
Aim
To provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people.
The Bharatiya Nyaya Sanhita Bill,2023
- It was introduced in Lok Sabha on August 11, 2023. The Bill repeals the Indian Penal Code, 1860 (IPC).
Key changes proposed in the Bill
| The Bill defines terrorism as an act that intends to threaten the unity, integrity, and security of the country, to intimidate the general public or disturb public order. |
| The Bill specifies separate penalty for murder committed by five or more people on specified grounds.These include race, caste, sex, place of birth, language, or personal belief. |
| The Bill allows death penalty for gang rape of women below 18 years of age. |
| The Bill penalises the act of sexual intercourse with a woman (not amounting to rape) through deceitful means or a promise of marriage without intending to fulfil it. |
| The Bill specifies that importing boys under the age of 18 years for illicit intercourse with another person will also be an offence. |
| Organized crimes have been defined in the bill. |
The Bharatiya Nagarik Suraksha Sanhita, 2023
- It was introduced in Lok Sabha on August 11, 2023.
- It repeals the Code of Criminal Procedure, 1973.
Key changes proposed under the Bill
| The Bill provides that all trials, inquiries, and proceedings may be held in electronic mode. It also provides for the production of electronic communication devices, likely to contain digital evidence, for investigation, inquiry, or trial. |
| The Code allows conducting a medical examination of the accused in certain cases, including cases of rape. Such examination is carried out by a registered medical practitioner on the request of at least a sub-inspector level police officer. The Bill provides that any police officer can request for such an examination. |
| The Bill mandates forensic investigation for offences punishable with at least seven years of imprisonment. |
| The Bill provides for conduct of trial and pronouncement of judgement in the absence of a proclaimed offender. |
| The Bill prescribes timelines for various procedures. For instance, it requires medical practitioners who examine rape victims to submit their reports totheinvestigating officer within seven days. |
The Bharatiya Sakshya Bill,2023
- The Bharatiya Sakshya Bill proposes the general rules and principles regarding collection and submitting of evidence in all criminal matters, which are being governed under the Evidence Act.
Key changes proposed under the Bill
| It makes electronic or digital records admissible as evidence, giving them the same legal effect as paper documents. |
| The scope of secondary evidence is expanded to include copies made from the original by mechanical processes, counterparts of documents, and oral accounts of document contents. |
| The bill introduces precise and uniform rules for dealing with evidence during the trial . |
Criticisms regarding new bills
- The Bharatiya Nagarik Suraksha Sanhita Bill seems to give a lot of discretionary powers to the police, like the ‘right to handcuff’ which we have never legitimized in India.
- The former Law Minister Kapil Sibal alleged that the Bharatiya Nyaya Sanhita Bill, which seeks to replace the colonial-era Indian Penal Code (IPC), allows the use of “draconian police powers for political ends”.
- The Bharatiya Nagarik Suraksha Sanhita Bill has been criticized for being unclear. Although it does not mention the crime of sedition, it introduces a new crime that makes it illegal to incite secession, armed rebellion, subversive activities, or to promote separatist sentiments.
- They altered the IPC section numbers, and this adjustment could pose significant challenges for both legal practitioners and judges.eg: Section 302 is not murder and Section 420 is not cheating in the new bill.
- They have retained much of the substance but change the section placements, then it is not really a creative exercise.
- New provisions are mostly incomprehensible.
Welcome changes
- Attempt to define terrorism and organized crimes is a step in the right direction.
- Intention of expediting the criminal justice system.
- Bharatiya Nyaya Sanhita, addresses a range of issues including serious crimes, Prevention of crime against women, mob lynching and child trafficking among other crimes,
- It includes several provisions like trial in absentia, use of technology, mercy petitions and other safeguards.
- Bharatiya Sakshya makes electronic or digital records admissible as evidence, thereby they will have the same legal effect as paper documents.This is a laudable step.
- Attempt to create a legal system that keeps contemporary needs and aspirations of the people.
Way Forward
- Public participation in the legislative process can provide valuable insights and feedback on proposed bills. This can be achieved through public consultations, inviting suggestions from citizens, and providing opportunities for stakeholders to present their views.
Related topics
Indian Penal Code
- The Indian Penal Code (IPC) is the primary criminal code of India, which was created in 1860 based on the recommendations of the first law commission of India.
- The IPC came into effect in 1862 and is a comprehensive code that covers all substantive aspects of criminal law. IPC is the principal law on criminal offences.
The Code of Criminal Procedure
- It is the main legislation on procedure for administration of substantive criminal law in India.
- It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
The Indian Evidence Act
- The Indian Evidence Act,originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
References
- https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023
- https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf
- https://www.timesnownews.com/india/bharatiya-sakshya-bill-to-replace-indian-evidence-act-here-are-key-proviosn-of-proposed-legislation-article-102659334
- https://www.thehindu.com/opinion/op-ed/is-there-a-need-to-replace-the-ipc-the-crpc-and-the-evidence-act/article67207159.ece#:~:text=Shahrukh%20Alam%3A%20It%20is%20very,basis%20of%20the%20old%20codes.