Justice-Centric
System
Prelims:
Polity
Mains:
GS Paper II-Government
Policies and Interventions, GS Paper IV-Justice
Current relevance:
The Government highlighted the
justice-centric provisions of the New Sanhitas, emphasizing a citizen-centric,
accessible, transparent, and efficient criminal justice system.
Highlights:
1.
The New
Sanhitas seek to establish a citizen-centric, accessible, transparent,
and efficient justice system, shifting the emphasis from punishment towards
justice.
2. The Bharatiya
Nyaya Sanhita, 2023 prescribes punishment up to the death sentence for the
rape of a minor.
3. Victim-Centric Provisions:
i.
Incidents can be reported electronically, eliminating
the need to visit a police station physically.
ii.
Zero FIR allows an FIR to be filed at any police
station, irrespective of jurisdiction.
iii.
Victims are entitled to receive a free copy of the
FIR.
iv.
Victims are
entitled to receive case progress updates within 90 days.
v.
Copies of the
FIR, police report/chargesheet, statements, confessions, and other documents
must be supplied to both the victim and the accused within 14 days.
vi.
It mandates
all State Governments to implement a Witness Protection Scheme.
vii.
Women, persons
below 15 years, persons above 60 years, and persons with
disabilities or acute illness are exempt from attending police stations.
viii.
Under
Section 360 of the BNSS, the victim must be heard before any
withdrawal from prosecution, ensuring greater participation in the criminal
justice process. This statutory right reflects the Nyaya-centric approach
by making the justice system more responsive to the needs and concerns of
victims.
1.
Time-Bound
Justice:
i.
The laws promise
a faster and fair resolution of cases, instilling confidence in the
legal system.
ii.
Investigations
relating to offences against women and children must be completed within
two months of recording information.
2. Reformative Approach:
i.
Community
service has been introduced as a
punishment for minor offences, enabling offenders to contribute
positively to society and promote rehabilitation.
ii.
The scope of
summary trials has been expanded to cover more offences, ensuring
speedy disposal of cases.
3. Rights of the Accused:
i.
Restrict arbitrary arrests solely for
initiating judicial proceedings. Arrest is not required for obtaining
handwriting, signature, fingerprint, or voice samples.
4. Trial in Absentia:
i.
A new
provision enables trial in absentia for persons declared as proclaimed
offenders, allowing courts to proceed with the trial and pronounce judgment
even in the absence of the accused.
Source: PIB - https://www.pib.gov.in/PressReleaseDetail.aspx?PRID=2290363®=48&lang=1