The Parliament of India has recently passed three landmark bills which show significant departures from existing laws, as they make amendments to crucial provisions. The “Bharatiya Nyaya (Second) Sanhita, 2023”, the “Bharatiya Nagarik Suraksha (Second) Sanhita, 2023”, and the “Bharatiya Sakshya (Second) Bill, 2023,” were put forward in August 2023, and were thereafter considered by a 31-member Parliamentary Standing Committee.
Main Features of Bharatiya Nyaya (Second) Sanhita, 2023
“Bharatiya Nyaya Sanhita (Second)” (BNS2), replacing the Indian Penal Code of 1860, brings forth several changes. It retains the existing IPC provisions related to murder, assault, and causing harm, whilst incorporating new offences like organized crime, terrorism, and group-related grievous hurt or murder. An important addition is community service as a form of punishment.
Definition of terrorism has been broadened to include acts posing a threat to the nation’s integrity or instilling fear among people. Organized crime now includes offenses such as kidnapping, extortion, financial scams, and cybercrime. Mob lynching has been recognized as a severe offense. The age requirement for gang rape victims has been increased from 16 to 18 years. Also, the sedition offense has been replaced by penalizing activities endangering national unity and sovereignty.
Criticism Against Bharatiya Nyaya (Second) Sanhita, 2023
Critics have pointed out some questionable areas in BNS2. The age of criminal responsibility remains at seven years and this might conflict with international convention recommendations. There seem to be inconsistencies in the definitions of child offenses. While the BNS2 defines a child as someone below 18, the age threshold for several offenses such as rape and gangrape varies. There are also concerns regarding the provisions relating to sedition and sovereignty.
Main Elements of Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
The “Bharatiya Nagarik Suraksha (Second) Sanhita, 2023” (BNSS2) replaces the existing Criminal Procedure Code of 1973. It applies stricter rules for undertrials, expands the scope of medical examinations, mandates forensic investigation for serious crimes, allows for efficient collection of specimens, introduces strict timelines, and restructures India’s criminal courts.
Criticism Against Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Critics have raised concerns over the BNSS2. The power to attach property from crime proceeds lacks necessary safeguards, potentially leaving it prone to misuse. There are restrictions on bail for individuals facing multiple charges, which may limit opportunities to secure bail. The provision for handcuff usage in various cases contradicts Supreme Court directives.
Main Aspects of Bharatiya Sakshya (Second) Bill, 2023
“Bharatiya Sakshya (Second) Bill, 2023” (BSB2) replaces the Indian Evidence Act of 1872. Its significant changes include broadening the definition of documents, changing the status of primary and secondary evidence, permitting electronic provision of oral evidence, granting electronic or digital records legal recognition, and introducing new rules for joint trials.
Criticism Against Bharatiya Sakshya (Second) Bill, 2023
Yet, criticism has been voiced against the BSB2. A major concern is that information provided by the accused in police custody will be accepted, but not when the accused is not in custody. A few recommendations by the Law Commission have been overlooked. There are also concerns about the potential tampering and altering of digital records used as evidence.
These significant legislative changes aim to update and streamline India’s criminal justice system. However, they also attract criticism and debate over their potential implications and effectiveness.
