fbpx Skip to content

Reforms in India’s Criminal Justice System

The Indian criminal justice system is on the brink of a significant transformation with the introduction of three groundbreaking Bills in the Lok Sabha. These legislative proposals, if enacted, will herald a new era in the legal landscape of the country. Let’s delve into the key highlights of these bills and the transformative changes they aim to bring.

Bharatiya Nyaya Sanhita Bill, 2023

Replacing the venerable Indian Penal Code (IPC) that has stood as the cornerstone of the nation’s criminal justice system for over 160 years, the Bharatiya Nyaya Sanhita Bill, 2023, emerges as a comprehensive reformation. This bill seeks to repeal 22 provisions of the IPC, amend 175 existing provisions, and introduce eight novel sections, amounting to a total of 356 provisions.

Some noteworthy changes under this bill include:

  • Revamped Provisions: The bill introduces new sections such as Section 109, addressing organized crime, and Section 110, addressing petty organized crime or organized crime in general.
  • Stronger Anti-Terrorism Measures: Section 111 of the bill introduces offenses related to terrorist acts, emphasizing the country’s commitment to national security.
  • Expanded Definition of Offenses: The bill introduces Section 150, which addresses acts endangering the sovereignty, unity, and integrity of India, aiming to safeguard the nation’s fundamental principles.
  • Stringent Measures Against Rape: Notably, the punishment for gang rape has been intensified, with the introduction of 20 years of imprisonment or life imprisonment. The rape of a minor now carries the possibility of the death penalty.
  • Gender-Neutral Offenses: The bill ensures gender neutrality for various offenses, promoting equality and inclusivity.
  • Capital Punishment for Mob Lynching: A remarkable inclusion is the introduction of capital punishment for mob lynching, previously punishable by imprisonment. This represents a strong stance against hate crimes.

Bharatiya Nagarik Suraksha Sanhita Bill, 2023

The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, seeks to replace the Criminal Procedure Code (CrPC) of 1973. This bill envisions a streamlined and efficient criminal justice process by making vital changes:

  • Accessibility of FIR: The bill introduces Section 230, ensuring accused individuals and victims receive a copy of the First Information Report (FIR) free of cost within fourteen days of production or appearance in court.
  • Zero FIR Provision: A pioneering step is the introduction of a mechanism allowing the filing of a zero FIR from any part of the country. This enables the quick initiation of legal proceedings regardless of jurisdiction.
  • Electronic Examination: Embracing technological advancements, the bill enables electronic examination of accused individuals through means such as video conferencing, expediting legal proceedings.
  • Emphasis on Summary Trials: Petty and less serious cases will undergo summary trials, accelerating the resolution of minor offenses.
  • Enhanced Magisterial System: The bill aims to streamline the magisterial system, further promoting efficiency in the legal process.

Bharatiya Sakshya Bill, 2023

The Indian Evidence Act of 1872 is set to make way for the Bharatiya Sakshya Bill, 2023, signaling an alignment with contemporary technological advancements. This bill introduces changes to 23 provisions and introduces one new provision across its 170 sections.

Key changes under this bill include:

  • Embrace of Electronic Records: The bill facilitates the admissibility of electronic or digital records as documentary evidence, reflecting the technological evolution of the country.
  • Expanded Definition of Secondary Evidence: The bill broadens the scope of secondary evidence, encompassing mechanical processes, copies, and oral accounts.
  • Alignment with Technological Advancements: The bill is introduced in response to the evolution of technology in recent decades, ensuring that the legal framework remains relevant in the digital age.

In conclusion, these Bills represent a monumental step towards reforming India’s criminal justice system. With their focus on efficient procedures, expanded definitions, and alignment with technological advancements, they stand to usher in a new era of justice delivery in the country. As the legal landscape evolves, these Bills hold the promise of a fairer and more efficient criminal justice system for all citizens of India.

Read More: Revamping India’s Criminal Justice System: A Comprehensive Analysis of the New Bills

Frequently Asked Questions (FAQs) – India’s Criminal Justice System Reforms

1. What are the key reforms proposed in India’s criminal justice system?

The Indian government has introduced three significant Bills aimed at overhauling the country’s criminal justice system. These bills are the Bharatiya Nyaya Sanhita Bill, 2023; the Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and the Bharatiya Sakshya Bill, 2023.

2. What is the Bharatiya Nyaya Sanhita Bill, 2023?

The Bharatiya Nyaya Sanhita Bill seeks to replace the longstanding Indian Penal Code (IPC). It proposes to repeal 22 provisions and introduce eight new sections, along with amendments to 175 existing provisions. This bill aims to modernize the legal framework and strengthen various aspects of criminal law.

3. What are the significant changes under the Bharatiya Nyaya Sanhita Bill?

The bill introduces provisions such as organized crime, offenses related to terrorism, acts endangering national sovereignty, unity, and integrity. It also addresses issues like gang rape, gender-neutral offenses, and introduces capital punishment for mob lynching.

4. What does the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 entail?

The Bharatiya Nagarik Suraksha Sanhita Bill is designed to replace the Criminal Procedure Code (CrPC) of 1973. It aims to expedite criminal procedures, enhance accessibility to FIRs, enable electronic examination of accused individuals, and streamline the magisterial system.

5. What is the “zero FIR” provision introduced in the Bharatiya Nagarik Suraksha Sanhita Bill?

The “zero FIR” provision allows any police station to register an FIR for an offense committed outside its jurisdiction. This empowers victims to initiate legal proceedings promptly, irrespective of the location of the crime.

6. How does the Bharatiya Sakshya Bill, 2023 impact the Indian Evidence Act?

The Bharatiya Sakshya Bill aims to replace the Indian Evidence Act of 1872. It focuses on embracing technological advancements by permitting the admissibility of electronic or digital records as evidence. It also expands the definition of secondary evidence to include various forms of documentation.

7. What is the significance of these reforms for India’s criminal justice system?

These reforms signify a transformative shift in India’s criminal justice system. The bills aim to modernize and streamline legal processes, address evolving challenges, and align the legal framework with technological advancements for a more efficient and effective justice delivery system.

8. How do these reforms contribute to gender equality?

The reforms introduce gender-neutral provisions, ensuring that offenses are treated without bias based on gender. Additionally, the bills address issues related to sexual offenses, gang rape, and deception in sexual relationships, aiming to provide fair and equal treatment to all individuals.

9. What is the timeline for the implementation of these reforms?

As of now, the bills have been introduced in the Lok Sabha for discussion and debate. The timeline for their implementation will depend on the legislative process, including debates, amendments, and approvals by both houses of parliament.

10. How will these reforms impact the criminal justice experience for individuals?

If enacted, these reforms are expected to expedite legal proceedings, enhance transparency, and provide more accessible and efficient processes for victims, accused individuals, and witnesses. They aim to create a fairer and more equitable criminal justice system for all citizens of India.

Source: The Hindu

More Link
What's New

Copyright © 2023 UPSC Padhai. All Rights Reserved.