New Delhi, 11th August 2023: Three Bills were introduced in the Lok Sabha by the central government today.
- Indian Penal Code (IPC), 1860 – Bhartiya Nyaya Sanhita
- Criminal Procedure Code, 1898 (1973) – Bhartiya Nagrik Suraksha Sanhita
- Indian Evidence Act, 1872 – Bhartiya Sakshya Adhiniyam
Colonial Legacy
- There is a ‘colonial’ imprint on the legal process, the criminal law process…
- British laws enacted 160 years ago were intended to
- Protect the interests of the British and their government in London
- Sedition and protection of treasury got precedence over murder and crime against woman
- The aim was to make British rule paramount rather than human rights of the common man of India.
- Complex procedures of IPC, CrPC and Indian Evidence Act led to,
- Large number of pending cases in Courts,
- Inordinate delay in delivery of justice
- deprivation of poor and socio-economically backward communities in getting justice.
- Low conviction rate.
- Overcrowding in jails.
- Large number of undertrial prisoners.
Recommendations for reforms in the past
The Law Commission of India has recommended amendments in its various reports.
- Committees like Bezbarua Committee, Viswanathan Committee, Malimath Committee, Madhan Menon Committee also recommended reforms.
- Parliamentary Standing Committee on Home Affairs
- In its 146th report in 2010
- 111th Report (2005) and
- 128th Report (2006) called for reforms.
Consultation process
- In 2019, the Ministry of Home Affairs initiated this reform process
- Hon’ble Home Minister wrote a letter to all Governors, Chief Ministers, Lt. Governors/Administrators in September 2019.
- In the January 2020, the suggestions were sought from Chief Justice of India, Chief Justices of all High Courts, Bar Councils and Law Universities.
- In December 2021, suggestions were sought from the Members of Parliament.
- BPRD sought the suggestions of all IPS officers.
- A committee was set up under the Chairmanship of Vice Chancellor of NLU, Delhi.
Several suggestions were received.
- 18 States, 06 Union Territories,
- Supreme Court of India, 16 High Courts,
- 05 Judicial Academies,
- 22 law universities and
- Suggestions were received from 142 Members of Parliament.
- IPS officers and state and central forces also send suggestions.
- Hon’ble Home Minister held about 58 formal and 100 informal review meetings.
Amendments
- Bhartiya Nagrik Surkasha Sanhita
- It will have 533 sections (in place of 478 sections of CrPC)
- 160 sections have been amended.
- 9 new sections have been added and
- 9 sections have been repealed/deleted.
- Bhartiya Nyaya Sanhita
- It will have 356 sections (in place of 511 sections of IPC)
- A total of 175 sections have been amended.
- 8 new sections have been added and
- 22 sections have been repealed/deleted.
- Bhartiya Sakshya Adhiniyam
- It will have 170 sections (in place of the original 167 sections)
- A total of 23 sections have been amended,
- 1 new section has been added and 5 sections have been repealed/deleted.
- Following Colonial words have been removed
– ‘Parliament of the United Kingdom’,
– ‘Provincial Act’,
– ‘London Gazette’,
– ‘Jury’, ‘Barrister’ ‘Lahore’, ‘Commonwealth,’
– ‘United Kingdom of Great Britain and Ireland,’
– ‘Her Majesty’s Government,’
– ‘Possession of the British Crown’
– ‘Court of Justice in England’,
– The words ‘Her Majesty’s Dominions’ have been omitted from the Act.
Increasing the use of technology
- To expand the definition of documents in the Bhartiya Sakshya Adhiniyam, 2023, the following have been included
- Electronic and digital record.
- Email, server logs, documents available on the computer.
- Smartphone or laptop messages.
- Website, locational evidence.
- Mail messages available on digital devices.
- FIR to case diary, case diary to charge sheet judgment will be digitized.
- Issuances and servicing of Summons and warrants and their
- Examination of the complainant and witnesses.
- Recording of evidence in investigation and trial.
- Litigation and all appellate proceedings in the High Court.
- A register shall be maintained by all police stations and courts containing e-mail addresses, phone numbers or any other such details.
- Summons duly sent by electronic means.
Search and seizure
- Technology will also be used by the police to conduct search and seizure operations.
- The entire process of police searching or seizing any property will be videographed through electronic devices.
- Such recording shall be sent by the police to the concerned magistrate without any delay.
Forensic
- To achieve a conviction rate above 90%, reforms in investigation, prosecution and forensics by the police is essential.
- Mandatory use of forensics in all States/UTs.
- Use of forensic experts will be mandatory in all cases of offences punishable with imprisonment of 7 years or more.
- Necessary infrastructure in the States/UTs to be created
Ensuring convenience for citizens
- ‘Zero FIR’ – outside the limits of that police station but within the state
- Provisions have been added for e-FIR.
- The State Government shall designate a police officer in every district and in every police station, who shall give notice of the arrest of any person.
- Police officers to inform the victim of the progress of the investigation within 90 days, including through digital means.
- In case of sexual violence, the statement of the victim will be recorded by a woman judicial magistrate
- It would be desirable to record the statement of the victim of sexual assault in the presence of a lady police officer at her residence.
- While recording such statement, the parent or guardian of the victim may be present.
- Where the government wants to withdraw the prosecution in cases of imprisonment of 7 years or more, the aggrieved party will be given an opportunity of being heard.
Sedition/Treason
- Sedition / treason has been completely repealed.
- Hatred, contempt, dis-affection against the government was an offence in the British rule.
Community Service – A New form of Punishment
- For the first time, community service has been introduced as a new form of punishment.
Simplification of procedures
- Now petty cases will be expedited by summary trial.
- Summary trial has been made mandatory for less serious cases, such as theft, receiving or possessing stolen property, house trespass, breach of the peace, criminal intimidation, etc.
- In cases where the punishment is up to 3 years (earlier 2 years), the Magistrate may, for reasons to be recorded in writing, conduct a summary trial in such cases.
- After filing of charge sheet, if further investigation is required, it will be completed in 90 days,
- Any extension of time beyond 90 days will be granted only with the permission of the court.
- In case of warrant, a provision has been made that a time limit of 60 days has been prescribed from the date of first hearing on the charge for framing of charge by the court.
- The accused person can appeal for release within a period of 60 days from the date of notice of framing of charge.
- After the conclusion of arguments, the judge shall give a decision as soon as possible within a period of 30 days, which may be extended up to a period of 60 days for specific reasons.
- A maximum of two adjournments can be granted by the court after hearing the objections of the other party and for specific reasons to be recorded in writing.
- Competent Authority will take a decision on sanction for prosecution in 120 days against civil servants,
- Failing which it will be presumed that the permission has been granted.
- Evidence of Civil Servants, Experts, Police Officers, the person holding charge thereof may give testimony on such document or report.
- The words ‘surety’ and ‘bond’ have been clearly defined.
Under trial prisoner
- A person who is a first-time offender, and has served ‘one-third of the imprisonment’, will be released on bail by the court.
- Where the undertrial prisoner has completed ‘half or one third of the term’, the Jail Superintendent shall forthwith make an application in writing to the court.
- Remission will not be considered to an undertrial prisoner sentenced to life imprisonment or death sentence
New witness protection scheme
- The State Government will prepare a witness protection scheme for the State and will also be notified.
Impounding the property of proclaimed offenders
- In cases of punishment of 10 years or more or imprisonment for life or death penalty, the convict can be declared a proclaimed offender.
- In cases of proclaimed offenders, a new provision has been made for attachment and confiscation of property outside India.
Terrorism
- Terrorism has been defined for the first time in the Bhartiya Nyaya Sanhita
- It has been made a punishable offence.
Organized crime
- A new section relating to organized crime has been added.
- Unlawful activity done by syndicate has been made punishable.
- New provisions have been added for armed rebellion, subversive activities, separatist activities or acts threatening the sovereignty or unity and integrity of India.
Crime against women
- A new offence has been included for making sexual relationships on the basis of false promise of marriage, employment and promotion or fake disclosure of identity etc.
- Now there will be a provision of 20 years of imprisonment or life imprisonment in all cases of gangrape.
- But in the case of girls below 18 years of age, provision has been made for life imprisonment or death penalty.
Tackling social issues
- New provision for mob lynching: A new provision has been included for the crime related to murder on the basis of race, caste, community etc., for which provision of minimum 7 years imprisonment or life imprisonment or death penalty has been made.
- A new provision for snatching.
- Severe injury leading to almost incapacitation or permanent disability will attract more stringent punishment.
- Provision for minimum 07 to 10 years of imprisonment has been made for the person who get the crimes committed through children.
- The fine was very low ranging between Rs.10 to Rs.500. These fines and punishments for various offences have now been rationalized in the new Code.
Strict action against criminals
- A provision has been inserted wherein whosoever
– is responsible for the death of a person by any rash or negligent act, and escapes from the scene of the offence.
– and does not present himself before the police/magistrate.
– and fails to disclose the incident,
shall be punished with imprisonment of either description for a term which may extend to 10 years, which shall be in addition to the fine imposed on the accused.
Remissions rationalised
- Commutation of death sentence to life imprisonment.
- Commutation of life sentence to imprisonment for a term of 07 years.
- Commutation of sentence of 07 years’ imprisonment to 03 years’ imprisonment.
Trial in absentia
- New provision for trial in the absence of the proclaimed offender
- The case will continue till the judgment
Confiscation of property linked to the proceeds of crime
- A new section has been added regarding attachment and confiscation of property related to the proceeds of crime.
- The investigating police officer can make an application to the court to take cognizance that the property has been obtained as a result of criminal activities.
- This type of property can be confiscated by the court, if the person holding the property fails to give concrete explanation regarding its presence.
Disposal of properties
- A large number of case properties are lying in the police stations of the country.
- Provision has been made for speedy disposal of such properties after preparation of details of assets and photography /videography by the Court or Magistrate, during investigation.
- Photographs or videography will be used as evidence in any investigation, trial or other proceedings.
- Order will be issued for the disposal, destruction, confiscation or delivery of the property, within 30 days from the date of photography/videography.
