28 ,August 2023
The Central government has launched a series of proposed amendments aimed at transforming India’s criminal laws. On August 11, 2023, Union Home Minister Mr. Amit Shah introduced three Bills in the Lok Sabha:
- The Bharatiya Nyaya Sanhita Bill (BNS), intended to supplant the Indian Penal Code (IPC) of 1860
- TheBharatiyaNagarik Suraksha Sanhita Bill (BNSS), aimed at replacing the Code of Criminal Procedure (CrPC), 1973
- TheBharatiyaSakshyaBill (BSB), aimed at taking over the Indian Evidence Act of 1872.
These bills have been diligently articulated after large-scale consultations with various stakeholders, including Supreme Court and High Court Judges, Law Universities, Chief Ministers, and Governors, among others, in addition to encompassing counsel from committees.
The new set of criminal laws proposed by the Central Government are directed at transforming the criminal justice delivery landscape of India. Thus, this has prompted questions about whether the current laws have been abused to the point that they need to be altered. It also raises queries about the details of the changes that appear in the new Bills.
This blog will endeavor to deal with the proposed new laws meant to replace the IPC, CrPc and the Indian Evidence Act and outline in what way the new laws are different from their antiquated counterparts. In the process, the blog will touch upon the scope of the proposed new laws in reforming India’s criminal justice system, which was in dire need of changes since the colonial era.
Why This Seemingly Immediate Transformation of India’s Criminal Laws?
Crime, which is usually defined as actions, mistakes, or illegal activities that can be punished by the law, and criminal laws go hand in hand in every community. The phrase “criminal law” covers a wide range of laws. The main goal of enforcing any criminal law is to make sure the guilty party bears the weight of their wrongdoings and that the aggrieved party gets justice through well-established legal processes.
Criminal law is the set of laws that deal with offences such as theft, murder, sexual assault, threats, and other illegal acts. Furthermore, it establishes the due procedure for conducting trials of individuals convicted of offenses.
The increasing crime rate and progressively sophisticated nature of delinquencies owing to digital aids, necessitated for legislative changes that could incorporate stringent and updated procedural and substantive measures to suppress and discourage such actions.
The primary motive for this massive overhaul was rooted in the realization that the existent criminal laws were chiefly remnants of colonialism and required major amendments. In the past, as a nation, we were the only ones who took on these rules spawning from the British Parliament. They own up to 475 historical mentions in the UK Parliament, London Gazette, Privy Council, and the British Crown. This justification shows that this much-awaited change was necessary.
A Brief History of India’s Criminal Justice System
Criminal laws in India have its roots in the Vedic time and the rule of Hindu and Muslim monarchs. However, it was during Britain’s period as a colonial power that the drive towards systematization really gained steam in India. Hence, the modern criminal justice system is heavily influenced by the English legal system. These practices, which are reasonable and up-to-date, make up a big part of the criminal laws that are still in place today. They are similar to the ones that were made when Britain was in charge of the colonies.
- Numerous facets of India’s criminal justice system predate its independence from the British. The Indian Penal Code (IPC) was modeled after the English Criminal Code and went into effect in 1860.
- First enacted in 1861 and revised in 1973, the Code of Criminal Procedure establishes rules for criminal proceedings.
- In 1872, the Indian Evidence Act, which was modeled after English law, was passed. Since it was first proposed in 1872, the Act has not undergone significant changes.
The NN Vohra Committee brought attention to the issue of political corruption in 1993. In 2000, a group led by Justice V.S. Malimath proposed modifications to ensure that criminal offenders and their victims were treated fairly; by 2003, the Justice Malimath group had published a report with 158 recommendations.
Significant Disparities between Criminal and Civil Laws
Individual actions that violate established public norms, societal mores, or legal regulations are the primary focus of criminal law. Theft, driving under the influence of alcohol, homicide, battery, and other wrongdoings all fall under the jurisdiction of criminal statutes. On the other hand, civil law is more concerned with private actors whose actions may cause injury to an individual than criminal law is.
Outlined below is a tabulated representation elucidating the disparities between criminal and civil law?
| Criminal Law | Civil Law |
|---|---|
| Criminal law pertains to violations committed against the broader society. | Civil law incorporates matters that occur at the individual or organizational level. |
| Criminal law focuses on penalizing offenders, protecting citizens, and upholding law and order. | Civil law’s main objective is to protect the rights of individuals or organizations, ensuring that wrongs are rectified and victims are compensated for the harm done. |
| Criminal litigation seeks to punish the accused. | Civil litigation aims to provide compensation to the plaintiff for incurred injuries or damages. |
| Criminal offenses entail penalties proportionate to the severity of the crime, spanning fines, detention, or both. | Civil law seeks dispute resolution through compensation; severe punishments akin to criminal law are not part of the civil legal framework. |
| In criminal law, the government activates a petition, and individuals must approach the police for investigation before filing a case. | Civil law involves the affected party or organization filing a petition, which can be provided in a court or tribunal based on the extent of damages. |
| In criminal cases, the court may impose fines, or penalties, or release the defendant. | In civil cases, the court’s verdict serves to compensate the aggrieved party for incurred damages. |
| Criminal cases determine the defendant’s guilt or innocence. | Civil cases ascertain whether the accused is liable or not liable for damages. |
| Criminal law deals with serious offenses like murder, rape, and robbery. | Civil law manages matters such as property, finances, divorce, and child custody in divorce cases. |
What Changes Will The New Bills Bring To IPC, CrPc & Evidence Act?
- Bhartiya Nagarik Suraksha Sanhita Bill (BNSS), is poised to replace the CrPC and will now have 533 sections. A total of 160 sections from the existent law have been changed, 9 new sections have been added and 9 sections have been repealed.
- Bharatiya Nyaya Sanhita Bill (BNS), which will replace the Indian Penal Code, will have 356 sections instead of the earlier 511 sections, 175 sections have been changed, 8 new sections have been added and 22 sections have been repealed
- Bharatiya Sakshya Bill (BSB), which will replace the Evidence Act, will now have 170 sections instead of the earlier 167, 23 sections have been changed, 1 new section has been added and 5 have been repealed
Three archetypal laws showed signs of servitude and were adopted by the British Parliament. As per the PIB date, some of the major changes proposed in the new laws are:
Digital Records:
- Consistent with digitization of record-keeping, the BSB expands the definition of documents to include “electronic or digital records, e-mails, server logs, computers, smart phones, laptops, SMS, websites, locational evidence, mails, messages on devices” (PIB).
- This law contains provisions for the complete digitization of the criminal justice system, from FIR to case diary, charge sheet and judgment.
- E-FIR requirement is also a part of the new bills, and families of the arrested persons will be updated online.
Videotaping:
- In addition, videotaping of the search and seizure process has been made mandatory in order for the evidence to be admissible in court and prevent the innocent from being implicated wrongly.
- Victim statements in cases of sexual abuse will be mandatory, and video recordings would be essential for sexual harassment cases.
Forensic Science and Evidence Collection:
- National Forensic Science University aims to boost forensic science and increase the conviction ratio.
- Crime scenes involving offences punishable by 7 years or more will now require to have a forensics team present in order for police to collect scientific evidence.
- As per the Union Home Minister, Sh. Amit Shah, this opens up the professional field to around 33,000 forensic science experts, aiming to bolster the conviction ratio to over 90%.
Police Accountability:
- It will be mandatory for the police to provide the status of the complaint within 90 days, and subsequently every 15 days, to the complaint.
- A 90-day limit for logging charge sheets, with the potential for a 90-day extension has been proposed in the new laws.
- The investigations have to be completed within 180 days, resulting in the subsequent commencement of a due trail.
- Furthermore, the proposed laws seek to safeguard the rights of citizens by requiring that victims be heard before any sentence of seven years or more is overturned.
Reducing Pendency of Cases:
- To reduce the burden of pending cases in the District Courts, the BNSS bill proposes to allow summary trials for offences that carry punishment of up to 3 years.
- As per the Union Home Minister, this provision alone can result in over 40% of cases to end, that are pending in the in sessions courts.
- In addition to this, courts would be required to notify the accused of the charges within 60 days, the judge must issue a verdict within 30 days after the conclusion of arguments (instead of allowing the case to linger on for years), and the order must be posted online within seven days.
Stricter Punishments and Safeguarding of Women and Children:
- This law now includes new provisions for severe punishment of transnational gangs and organised crime, as well as a provision for the confiscation of the property of declared criminals.
- For the first time, sexual intercourse under the pretext of “marriage, employment, promotion and false identity” has been made a punishable offence with a provision for 20 years of imprisonment and life imprisonment in all cases pertaining to gang rape (PIB).
- New laws protect women and children more comprehensively, ensuring offenders face stern consequences, also preventing police abuse of authority.
- The maximum sentence for crimes committed in the presence of minors has been increased from seven to ten years in prison, and provisions have been included to increase fines for a variety of offences.
- Petty crimes like chain or mobile snatching from women will also be now punishable offenses with specific provisions, as per the new bills.
Death Penalty:
- • The new laws bring in provison of capital punishment for crimes meted out to girls below the age of 18. Mob lynching also carries with it a potential death sentence, or seven years in jail or life imprisonment, as per the severity of the case.
The Sedition Law:
- The new clause 150 of the BNS bill retains offence of sedition, under Section 124A of the existent IPC, albeit with new terminology and a more extensive definition of “Acts endangering sovereignty unity and integrity of India”.
- In accordance with the June recommendation by the Law Commission of India, the 2023 bill proposes to increase the maximum prison sentence for this offense under the IPC from three to seven years. However, under the current bill, the maximum sentence is still life imprisonment.
- The crucial change, however, under Section 150 of the BNS bill, is the removing of the provision that permitted a person convicted of sedition to escape with merely a fine. Punishment under this section of the bill includes either a fine or a life sentence without the possibility of parole.
- For the first time, this law defines terrorist acts including armed insurgency, subversive activities, separatism, and undermining India's unity, sovereignty, and integrity.
Conclusion
In conclusion, the journey toward recasting India’s legal framework is a vibrant and evolving process that reflects the nation’s obligation to casting off its colonial legacy and adopts a more progressive legal landscape. The suggested new laws in place of the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act mark a remarkable step towards modernizing the legal framework to better align with the values and aspirations of contemporary India. The proposed changes carry the potential to transform how justice is delivered, procedural justice is upheld, and evidence is evaluated in the country’s courtrooms. Nonetheless, the success of this struggle lies not only in the passage of new bills but also in the overall implementation and reinforcement of the reformed laws.
References
- https://blog.ipleaders.in/criminal-law-in-india/
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