The Central government has introduced three new Bills in the Lok Sabha that propose a complete overhaul of the country’s criminal justice system.
The three Bills are set to replace the Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872.
The Bills are — Bharatiya Nyaya Sanhita (BNS), 2023, to replace the IPC; Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, for CrPC; and Bharatiya Sakshya (BS) Bill, 2023, for the Indian Evidence Act — were referred to a standing committee.
The Ministry of Home Affairs in 2020 had constituted a committee headed by (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi to review the three codes of criminal law.
The mandate of the committee was to ‘recommend reforms in the criminal laws of the country in a principled, effective and efficient manner :-
- which ensures the safety and security of the individual, the community and the nation; and
- which prioritises the constitutional values of justice, dignity and the inherent worth of the individual,’.
In February the committee submitted its recommendations on the criminal law amendments.
Bharatiya Nyaya Sanhita Bill 2023, which will replace the Indian Penal Code, will have 356 sections instead of the earlier 511 sections, 175 sections have been changed, 8 new sections have been added and 22 sections have been repealed.
Bhartiya Nagarik Suraksha Sanhita Bill, which will replace Criminal Procedure Code, now has 533 sections, 160 sections of old law have been changed, 9 new sections have been added and 9 sections have been repealed.
Bharatiya Sakshya Bill, which will replace the Evidence Act, will now have 170 sections instead of the earlier 167, 23 sections have been changed, 1 new section has been added and 5 have been repealed.
Major changes in New Criminal Law Amendment Bills.
1. The law expands the definition of documents to include electronic or digital records, e-mails, server logs, computers, smart phones, laptops, SMS, websites, locational evidence, mails, messages on devices.
2. Provision has been made in this law to digitize the entire process from FIR to case diary, case diary to charge sheet and charge sheet to judgement.
3. Videography has been made compulsory at the time of search and seizure which will be part of the case and will not implicate innocent citizens, without such recording by the police no charge sheet will be valid.
4. The visit of the forensic team is being made compulsory on the crime scene of crimes having provision for punishment of 7 years or more, through this, the police will have scientific evidence, after which the chances of acquittal of the culprits in the court will be very less.
5. Provision of e-FIR is being added for the first time, every district and police station will designate a police officer who will officially inform the family of the arrested person about his arrest online and in person.
6. The statement of the victim has been made compulsory in the cases of sexual violence and the video recording of the statement has also been made compulsory in the cases of sexual harassment.
7. No government will be able to withdraw a case of imprisonment of 7 years or more without listening to the victim, this will protect the rights of the citizens.
8. Scope of summary trial has been increased in petty cases, now crimes punishable up to 3 years will be included in summary trial, with this provision alone, over 40% of cases in sessions courts will end.
9. A time limit of 90 days is fixed for filing the charge sheet and depending on the situation, the court can further give permission for 90 more days, the investigation will have to be completed within 180 days and trial should begin.
10. Courts will now be bound to give notice of framing of charge to the accused person within 60 days, within 30 days after the completion of arguments, the Hon'ble Judge will have to give verdict, this will not keep the decision pending for years and the order will have to be made available online, within 7 days.
11. Government has to decide on permission within 120 days for trial against civil servant or police officer else it will be treated as deemed permission and trial will be started.
12. A provision has been brought for attachment of property of declared offenders, a new provision of harsh punishment against inter-state gangs and organized crimes is also being added to this law.
13. Sex on the pretext of false promise of marriage, employment, promotion and false identity has been made a crime for the first time, 20 years of imprisonment or life imprisonment in all cases of gang rape.
14. Provision of death penalty has also been made in case of crime with girls below 18 years of age, for mob lynching also, all three provisions of 7 years in jail, life imprisonment and capital punishment have been made.
15. Earlier, there was no provision for snatching of mobile phone or chain from women, but now a provision has been made for the same.
16. Provision has been made for imprisonment for 10 years or life imprisonment in case of permanent disability or being brain dead.
17. Punishment increased from 7 to 10 years for a person committing crime with children, provision has been made to increase the amount of fine in many crimes.
18. There were many cases of using pardon for political gains, now the death penalty can only be changed to life imprisonment, life imprisonment to a minimum of 7 years and 7 years to a minimum of 3 years, no culprit will be freed.
19. Sedition law will be completely repealed because India is a democracy and everyone has the right to speak.
20. Earlier, there was no definition of terrorism, now crimes like armed insurgency, subversive activities, separatism, challenging the unity, sovereignty and integrity of India have been defined in this law for the first time.