Chandigarh has become the country’s first administrative unit where 100 percent implementation of the three new criminal laws has been completed.
Prime Minister Narendra Modi today remarked that these new legislations are becoming the protectors of citizens’ rights and the foundation for the ease of justice.
BHARTIYA NYAYA SAMHITA
The Bharatiya Nyaya Sanhita (BNS), 2023, replaces the Indian Penal Code (IPC) of 1860, marking a significant step in India’s criminal law reforms. It incorporates 358 sections (as against 511 sections in IPC) and aims to streamline justice delivery by introducing new offenses, redefining existing laws, and eliminating obsolete provisions.
New Offences
- Promise to Marry: Criminalizes “deceitful” promises to marry.
- Mob Lynching: Formalizes punishments for mob lynching and hate crimes.
- Organized Crime and Terrorism: Expands criminal law to cover organized crime and terror financing alongside UAPA provisions.
- Attempt to Suicide: Criminalizes attempts to commit suicide intended to coerce or restrain public servants in performing duties.
- Community Service: Added as a form of alternative punishment for minor offenses.
Deletions
- Unnatural Sexual Offences: Section 377 of IPC, which criminalized homosexuality and certain “unnatural” acts, is fully repealed.
- Adultery: Adultery laws removed, aligning with Supreme Court verdicts.
- Thugs Act: Section 310 related to thuggery is omitted.
- Gender Neutrality: Several terms are modified to incorporate gender-neutral language and ensure inclusivity in laws dealing with children.
Other Modifications
- Fake News: Publishing false or misleading information is now a criminal offense.
- Sedition Law: Reintroduced with a broader definition as ‘Deshdroh’.
- Mandatory Minimum Sentences: Specific provisions now prescribe mandatory minimum sentences, limiting judicial discretion.
- Damage to Public Property: A graded fine system is introduced based on the extent of damage.
- Death by Negligence: Punishment elevated to 2-5 years imprisonment, particularly affecting medical negligence cases.
Key Issues
- Criminal Responsibility Age Discrepancy: Criminal responsibility is set at 7 years, extendable up to 12 years based on maturity, potentially conflicting with international norms.
- Inconsistencies in Child Offense Definitions: While child age remains 18, gray areas persist in defining criteria for offenses such as rape and sexual harassment.
- Retention of IPC Provisions on Rape and Sexual Harassment: Despite calls for reform, IPC provisions remain unchanged. Recommendations by the Justice Verma Committee (2013) for gender-neutral definitions and recognizing marital rape are yet to be addressed.
BHARTIYA NAGRIK SUKRAKSHA SAMHITA
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC) 1973, restructuring procedural criminal law in India. With 531 sections, including 177 revisions, 9 additions, and 14 deletions, it aims to ensure transparency, faster justice, and victim rights while addressing modern-day challenges.
Key Provisions
Hierarchy of Courts:
- Removes the distinction and role of Metropolitan Magistrates, simplifying the judicial hierarchy.
Enhanced Use of Technology:
- Mandates electronic modes at various investigation and trial stages for efficiency.
Detention of Undertrials:
- Restricts bail bonds for those facing life imprisonment or multiple charges.
Alternative to Arrest:
- Police may take security bonds for appearances, eliminating unnecessary arrests.
Community Service:
- Introduced as a form of punishment benefitting society, without monetary rewards.
Timelines for Procedures:
- Mandates strict timelines, e.g., judgment within 30 days post-arguments.
New FIR Procedures:
- Zero FIR: After registering a case, FIR is transferred to the appropriate police station.
- E-FIR: Allows electronic FIR registration with a signature recorded within 3 days.
Medical & Forensic Procedures:
- Medical Examination: Police can seek examinations in relevant cases.
- Forensic Investigations: Mandatory for crimes punishable by ≥7 years imprisonment.
Victim Rights and Informant Protections:
- Police must share investigation reports and offer witness protection schemes through State Governments.
Key Issues
- Extended Police Custody:
- Permits 15 days of police custody within initial 40-60 days.
- Lack of Accountability:
- Investigating officers not required to provide detailed reasoning for custody requests.
- Use of Handcuffs:
- Legalizes handcuffs during arrests, raising concerns over SC rulings and NHRC guidelines.
- Mandatory Bail Limitation:
- Mandatory bail provisions remain narrow when multiple charges apply.
- Plea Bargaining:
- Scope limited to sentence bargaining, deterring broader decongestion of prisons.
- Power to Seize Property:
- Allows seizure of movable and immovable property, widening police powers.
- Overlap with Existing Laws:
- Retains significant elements of CrPC provisions, leading to concerns regarding law coherence and uniformity.
BHARTIYA SAKSHYA ADHINIYAM
The Bharatiya Sakshya Act, 2023 replaces the Indian Evidence Act of 1872 and aligns with modern legal requirements, especially addressing the role of electronic evidence in trials. This Act consists of 170 sections—altering 24, adding 2, and repealing 6 provisions of the earlier Act.
Retained Provisions
- Admissibility of Evidence:
- Parties in legal proceedings can only present admissible evidence.
- Proven Facts:
- Courts accept proven facts if they support reasonable action under the given circumstances.
- Police Confessions:
- Generally inadmissible unless recorded before a Magistrate, maintaining earlier safeguards.
Key Changes
- Equal Status of Electronic Records:
- Electronic records now have the same legal standing as traditional paper documents.
- Scope of Electronic Records:
- Encompasses data stored in memory or communication devices, enhancing digital documentation relevance.
- Oral Evidence in Digital Format:
- Allows oral evidence to be presented electronically during proceedings.
- Classification of Evidence:
- Electronic records are categorized as secondary evidence, expanding the range of documents admissible in trials.
- Joint Trial System:
- Permits trying multiple persons under one trial if they are implicated in the same crime.
- Individuals failing to respond to arrest warrants will also face a joint trial.
Key Issues
- Concerns with Electronic Records:
- Tampering Risks: Electronic records during searches and seizures are prone to tampering.
- Authentication Requirements:
- Electronic records must be authenticated by certificates for admissibility.
- However, the Act allows electronic documents without certification in certain cases, leading to ambiguity.
- Contradictions on Presumptions and Torture:
- SC and Law Commission recommendations were excluded:
- Duress and Torture: Rule allowing information obtained in police custody to be used remains unchanged.
- Excludes presumption of police responsibility for injuries sustained while in custody, raising accountability concerns.
