On August 11, the Centre presented three new bills in Lok Sabha, aimed at modernising India’s criminal justice system that was established by the British in 1860. The need for a comprehensive overhaul of the outdated system has been voiced repeatedly, as it no longer aligns with the demands of the present times. These proposed changes seek to bring about a more efficient and effective framework for administering justice in India.
The Indian Penal Code (IPC), introduced by the British in 1860, encompasses a wide range of criminal offenses. After Independence, the Indian government adopted the IPC, amending it approximately 77 times. However, there have been calls for a comprehensive overhaul of the criminal justice system for a long time.
The three bills, the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Sakshya Bill, 2023 and the Bharatiya Nagrik Suraksha Sanhita Bill, 2023 will replace the Indian Penal Code, 1860; the Indian Evidence Act, 1972 and the Code of Criminal Procedure, 1973.
The bills have been formulated to usher in a transformative change, aiming to expedite justice, preserve the integrity of evidence for greater conviction rates, and reduce the backlog of cases. These bills have been forwarded to the Parliamentary Standing Committee for thorough discussions, and the committee’s report is expected to be presented in the upcoming session of Parliament.
The Bhartiya Nyaya Sanhita (BNS) repeals 22 provisions of IPC, proposes changes to 175 existing provisions and introduces nine new sections. It contains total 356 provisions.
Key Issues And Analysis
The outdated laws of the colonial era are incompatible with the modern times, where the nature of crime, psychology of criminals, and technology have undergone dramatic changes. It is imperative to acknowledge the need for a legal framework that aligns with the current realities, ensuring justice and effectiveness in addressing contemporary challenges.
The statutes are designed to bring about much-needed changes to the criminal justice system and guarantee the timely delivery of justice within a maximum period of three years.
The proposed statute introduces new offenses to the Indian Penal Code, including organised crime, terrorism, endangering sovereignty, mob lynching, sexual intercourse through deceitful means, and false promises to marry. These additions address previously unaddressed areas and enhance the comprehensiveness of the legal framework.
The new bill proposes stricter penalties for crimes against women and children. It aims to reduce overcrowding in prisons by releasing convicts who have served half of their sentences. Additionally, it holds police officers accountable for arrests.
Noteworthy highlights of the bill include timebound trials, the implementation of summary trials for minor offenses, and the provision for a woman magistrate to record the statement of a victim of sexual violence at her residence.
An important aspect of the bill is the inclusion of video recording during raids and investigations. This measure aims to minimize the incidence of false cases being filed against innocent individuals, ensuring a fair and just legal process.
One important and long-awaited change in the BNS involves the inclusion of community service as a punishment for minor offenses. Previously, courts had the discretion to impose community service, but now it will be codified into law.
According to Section 356 of the proposed BNSS, trials can proceed even in the absence of the accused. This provision aims to facilitate the trial of criminals in absentia, including well-known absconders such as Dawood Ibrahim, Vijay Mallya, and Nirav Modi, to mention a few.
The new bill excludes the provision concerning adultery. It is worth noting that in 2018, the Supreme Court declared Section 497 of the IPC, which had criminalised adultery for 158 years, as unconstitutional. However, there remains a provision regarding “enticing or taking away married women”.
The Bill still includes criminal defamation as an offense, but it now introduces community service as an additional form of punishment. Under the provisions of the Bill, individuals convicted of defamation may face a sentence of two years of simple imprisonment, community service, a fine, or a combination thereof.
Sedition To Be Repealed, No Clarity On Section 150
Although the sedition clause has been repealed, the new bill fails to address whether criticising the government, without inciting or attempting to incite the activities specified in Section 150, will be considered an offense according to the regulations.
Moreover, without a clear legal definition of the phrase “acts endangering the sovereignty, unity, and integrity of India,” it runs the risk of being exploited as a pretext for legal repercussions against individuals expressing criticism towards government policies.