OVERHAULING BRITISH-ERA CRIMINAL LAWS - POLITY

News: Centre to overhaul British-era IPC, CrPC, Evidence Act

 

What is in the news?

       Recently, the Bharatiya Nyay Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 were passed by the Lok sabha.

 

Name changes:

       Indian penal code - Bharatiya Nyay Sanhita.

       Code of criminal procedure - Bharatiya Nagarik Suraksha Sanhita

       Indian evidence act - Bharatiya Sakshya Bill.

 

Important changes:

Bharatiya Nyay Sanhita:

1. Definition of terrorism:

       The 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.

2. Repealing sedition:

       It repeals the offense of sedition, which was widely criticized as a colonial relic that curbed free speech and dissent.

3. Mob lynching:

       It prescribes capital punishment as the maximum sentence for mob lynching, which has been a menace in recent years.

4. False promise on woman:

       It proposes 10 years imprisonment for sexual intercourse with women on false promise of marriage, which is a common form of deception and exploitation.

5. Community service:

       The bill introduces community service as a form of punishment for specific crimes, which can help in reforming offenders and reducing overcrowding in prisons.

6. Filing charge sheet:

       The bill fixes a maximum limit of 180 days to file a charge sheet, which can speed up the trial process and prevent indefinite delays.

7. Zero FIR:

       FIR can be registered anywhere across the country.

 

Bharatiya Nagarik Suraksha Sanhita:

1. Video conferencing:

       It promotes the use of technology for trials, appeals, and recording depositions, allowing video-conferencing for proceedings.

2. Evidence preservation:

       The bill makes video-recording of statement of survivors of sexual violence compulsory, which can help in preserving evidence and preventing coercion or manipulation.

3. Trial process:

       The bill mandates that police must inform about the status of a complaint in 90 days, which can enhance accountability and transparency.

4. Section 35:

       Section 41A of the CrPC will be renumbered as Section 35.

       This change includes an added safeguard, stipulating that no arrest can be made without prior approval from an officer at least at the rank of Deputy Superintendent of Police (DSP), especially for offenses punishable by less than 3 years or for individuals above 60 years.

5. Victim consultation:

       The bill requires that police consult the victim before withdrawing a case punishable by seven years or more, which can ensure that justice is not compromised or denied.

6. Fugitives:

       It allows absconding criminals to be tried in-absentia by court and sentenced too, which can deter fugitives from escaping justice.

7. Empower magistrates:

       It empowers magistrates to take cognizance of offenses based on electronic records such as emails, SMSs, WhatsApp messages etc., which can facilitate evidence collection and verification.

8. Mercy petitions:

       Mercy petitions in death sentence cases to be filed within 30 days to the Governor and within 60 days to the President.

       No appeal shall lie against the President's decision in any court.

 

Bharatiya Sakshya Bill:

1. Electronic evidence:

       The 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.

2. DNA evidence:

       It 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.

3. Expert opinion:

        It 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.

4. Presumption of innocence:

       It 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.

 

Advantages:

1. Modernization:

       The bills signify a transition from colonial-era laws to contemporary legal frameworks that address evolving societal concerns.

2. Faster Trials:

       Proposed reforms, including fixed timelines for chargesheets and prosecution sanctions, aim to accelerate trial proceedings and curb undue delays.

3. Evidence Integrity:

       The mandatory videography of search and seizure enhances transparency and prevents tampering, ensuring the integrity of evidence.

 

4. Victim Empowerment:

       Consultation with victims before case withdrawal empowers them in the legal process, fostering a victim-centric approach.

5. Accountability and Streamlining:

       Designating a police officer for custody notifications, mandatory online disclosure, and limited remission of sentences promote transparency and accountability.

6. Inclusive approach:

       Zero FIR provision will empower people in remote areas to get justice.