It’s time to welcome the three new criminal laws being the Bhartiya Nyaya Sanhita Act, Bhartiya Sakshya, Act and Bhartiya Nagarik Suraksha Sanhita, Act which were the need of the hour. The said laws were notified by Hon’ble President of India on 25th December 2023. The three criminal laws were drafted after conducting research, taking comments and factoring current need for the society and meant to provide speedy justice to Women, Children, and Victim of Crime. The three bills were first introduced during the Monsoon session of Parliament sometime in August 2023. After the Standing Committee on Home Affairs made several recommendations, the Union Government decided to withdraw the three criminal law bills and re-introduced their redrafted versions last week on 20th and 21st December 2023 which were passed in both the Houses of Parliament.
Apart from many salient features the introduction of terrorism is one of the most prominent factors keeping in mind the national security in the current volatile global scenario. The three laws provide speedy redressal mechanisms along with punishment alignment and many other significant facets.
The old set of British Colonial Legislations namely the Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 would eventually stand repealed once the new criminal laws are put in effect shortly across the country when implemented.
It’s time to welcome three modern criminal legislations which have completely overhauled the regressive Pre-British Era colonial laws. It’s a spectacular step initiated by the Union Government, the Hon’ble Home Minister and the Hon’ble Prime Minister of India for National Interest, for the people and National Security.
To capture summarily the essence of new legislations, The Bharatiya Nyaya Sanhita Act, 2023 contains in total 358 sections whereas the Indian Penal Code, 1860 contained 511 Sections. The new act contains major inclusions which are a positive step in the interest of people, for a swift and speedy justice mechanism. Few major inclusions are:
· Inserting of the definitions clauses, New definition of Child, Electronic and Digital Record, Movable Property
· Community service as 6th type of punishment and given Legal Status
· Inclusion of life imprisonment as persons remainder of natural life
· Electronic evidence, digitization and use of technology
· Woman and Child centric sections and aid to victim of crime
· Lodging of first information report (FIR) electronically
· Introduction of Zero FIR
· Courts to write judgments in timely manner
· Inclusion on Prevention of Sexual Harassment as section in the new Act and stringent punishment for accused
· Stringent provisions against sexual crimes and aid to victim of such crime, inclusion of law for rash driving violation
· The inclusion of terrorist act to protect sovereignty of India, unity, integrity, security or economic of India and against such perpetrators of crime
· Inclusion of organized gang as offence within the penal statute, calling out mob lynching as specific crime and punishable
· Inclusion of definition of unsound mind and replacing insane person/ any idiot
· Adulteration of drugs and its sale, adulteration of food or drink for sale
· Raping related sections which is prescribed with death sentence
· cruelty to women is a punishable offence.
· These are some of the few inclusions which are welcome step to the Indian Republic and its people.
· Many sections have been repealed in compliance to various Apex Court judgements and keeping the needs of the society like the provision of adultery, sedition, attempt to commit suicide, unnatural offences, etc. out of many new insertions of sections, one new section being on electronic communication where any activity of publishing false or misleading information jeopardizing the sovereignty, unity and integrity, security of India has been included. This will curb any propagation of false information spread through electronic communication and make it a punishable offence.
The Bharatiya Nagarik Suraksha Sanhita, 2023 contains 531 Sections and two schedules when compared to Code of Criminal Procedure, 1973 which contained 484 Sections and two schedules. The new law includes:
· New definitions like audio video electronic means, bail, bail bond, electronic communication, when police may arrest without warrant, recording of search and seizure through audio video electronic means, inquiries and trial or judgement in absentia of proclaimed offender, witness protection scheme, mercy petition in death sentences, trial and proceedings to be held in electronic mode.
· The Establishment of Directorate of Prosecution by the State Government which will have power and function to monitor cases in which offences shall be punishable for ten years or more or with life imprisonment or with death, to expedite the proceedings and to give opinion on filing of appeals.
· Few More inclusions are procedure for arrest and right of arrested person to meet advocate of his choice during interrogation, arrest made, obligation of police to inform about arrest to relative, or friend, person arrested not to be detained more than 24 hours, power of court to dispense with personal attendance.
· Inclusion of information to police of cognizable offence by electronic communication, police to conduct preliminary inquiry within 14 days or proceed with investigation if there is existence of prima facie case, procedure on investigation- use of forensic report mandated, detention period for accused prescribed as 90 days or 60 days, requirement of time bound completion of investigation within 2 months applicable to offences of rape and gang rape have been extended to offences under POSCO.
· Limits of adjournments prescribed, Time bound (2 Months) closure of trial from the time of filing chargesheets in certain offences like against women and children.
· Withdrawal from prosecution by public prosecutor without giving an opportunity of being heard by victim, mercy petition to be filed by convict or legal heir.
The Bharatiya Sakshya Adhiniyam 2023 is an adjective law unlike statutory or procedural law.The new law has 170 Sections whereas the old law had 167 Sections. Somemajor changes that included are:
· Any information given electronically, which would permit appearance of witnesses, accused, experts, and victims through electronic means seeks to expand the scope of secondary evidence.
· The law omits the provision on territorial extent and definition of India to have admission of documents generated outside the borders of India.
· The definition of “document” is compatible with the modern digital era. It includes digital records. The sixth statutory illustration gives wider amplitude to document in the digital era.
· E books/ websites or digital or electronic form of law books as well as court’s rulings in electronic or digital form are now made admissible in evidence.
· Primary Evidence new explanation in 4 to 7 clarifies that where an electronic or digital record is created or stored and such storage occurs simultaneously or sequentially in multiple files each of such files is primary evidence.
· The electronic or digital record shall have the same legal effect, validity, and enforceability as paper records.
A bare reading the three new criminal laws would show that the three laws have been put in effect keeping in mind the overall structure and nature of criminality in today’s modern era, usher reliance on electronic and digital mode, speedy justice to victim and penalizing certain acts which shake the very foundation of our country, promote reformation. It also keeps a check on spreading false information by use of electronic communication. It’s a Welcome for the Nation to get past the Pre-Colonial British era laws and have our own Bharatiya set of criminal laws.
(The views expressed in this article are exclusively and solely of the author and do not belong to any firm, people, or organisation or entity or of the publisher)
