Context:
Three criminal laws are effective from July 1
3 New Criminal Laws:
- Bharatiya Nyay Sanhita Bill, 2023, replaced the IPC, 1860
- Bhartiya Nagrik Suraksha Sanhita Bill, 2023, replaced the CrPC, 1898
- Bharatiya Sakshya Bill, 2023, replaced the Evidence Act, 1872
Changes in the Bharatiya Nyay Sanhita 2023:
- Bill defines terrorism and offenses such as separatism, armed rebellion against the government, challenging the sovereignty of the country, which were earlier mentioned under different provisions of law.
- Repeals the offense of sedition, that curbed free speech and dissent.
- Prescribes capital punishment as the maximum sentence for mob lynching
- Introduces community service as a form of punishment for specific crimes, which can help in reforming offenders and reducing overcrowding in prisons.
- Fixes a maximum limit of 180 days to file a charge sheet, which can speed up the trial process and prevent indefinite delays.
Changes in the Bhartiya Nagrik Suraksha Sanhita 2023:
- Promotes the use of technology for trials, appeals, and recording depositions, allowing video-conferencing for proceedings.
- Accused detained for half the maximum sentence must be released on bond, except for death penalty or life imprisonment cases, or those with multiple pending charges.
- Magistrate of the first class can order an accused person, to give specimen signatures or finger impressions or handwriting or voice samples.
Changes in Bharatiya Sakshya Adhiniyam 2023:
- Bill defines electronic evidence as any information generated or transmitted by any device or system that is capable of being stored or retrieved by any means.
- It lays down specific criteria for admissibility of electronic evidence such as authenticity, integrity, reliability etc., which can prevent misuse or tampering of digital data.
- Provides for special provisions for admissibility of DNA evidence such as consent, chain of custody etc., which can enhance accuracy and reliability of biological evidence.
- Recognises expert opinion as a form of evidence such as medical opinion, handwriting analysis etc., which can assist in establishing facts or circumstances relevant to a case.
- Introduces the presumption of innocence as a fundamental principle of the criminal justice system, which means that every person accused of an offense is presumed to be innocent until proven guilty beyond reasonable doubt.
Source: The Hindu
Previous Year Question
Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Services Exam – 2023 Prelims]
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Answer: (a)
