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.