The Indian legal system is on the brink of a massive overhaul as three new bills: The Bharatiya Nyaya Sanhita Bill, 2023, The Bharatiya Nagrik Suraksha Sanhita Bill, 2023, and The Bharatiya Sakshya Bill, 2023 were put forth in the Lok Sabha by the Union Home Minister recently. These bills have been proposed to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively.
The Bharatiya Nyay Sanhita Bill, 2023: Replacement for IPC
The IPC, which was the main criminal code of India since 1860, is set to be replaced by The Bharatiya Nyay Sanhita Bill, 2023. The new bill outlines terrorism and offenses such as separatism and armed rebellion against the government, which were previously mentioned under different provisions of law. It notably abolishes the offense of sedition, a move that has garnered support for promoting free speech and dissent.
The bill also proposes capital punishment for mob lynching, to combat the recurrent issues of mob violence in the country. A key feature is the introduction of community service as a form of punishment for certain crimes, which is expected to aid in offender reform and help reduce prison overcrowding. Furthermore, it introduces a time limit of 180 days to file a charge sheet, aimed at speeding up the trial process.
The Bhartiya Nagrik Suraksha Sanhita Bill, 2023: Overhaul of CrPC
Replacing the CrPC, The Bhartiya Nagrik Suraksha Sanhita Bill, 2023 proposes the use of technology in conducting trials, recording depositions, and appeals. It necessitates video-recording statements of survivors of sexual violence, ensuring evidence preservation and preventing potential coercion or manipulation.
The bill mandates that police must keep complainants updated about the status of their complaint within 90 days. It also adds a safeguard clause that prevents arrests without approval from an officer ranked at least Deputy Superintendent of Police (DSP) for specific offenses. The bill emphasizes consultation with the victim prior to withdrawing cases punishable with seven years or more jail term, ensuring that justice isn’t compromised or denied.
The Bharatiya Sakshya Bill, 2023: Modernizing the Indian Evidence Act
The Bharatiya Sakshya Bill, 2023 is set to replace the Indian Evidence Act of 1872. It recognises electronic evidence, including information generated or transmitted by any device that can be stored or retrieved. Specific criteria have been introduced to evaluate the admissibility of this kind of evidence, such as authenticity, integrity, and reliability.
Special provisions have been incorporated for admitting DNA evidence, including measures related to consent and chain of custody. The bill allows expert opinions, such as medical or handwriting analysis, to be presented as evidence, which can help in establishing facts relevant to a case.
Lastly, the bill affirms the presumption of innocence as a key principle of the criminal justice system, stating that every person is presumed innocent until proven guilty beyond reasonable doubt.
Last Modified: February 22, 2024