In a groundbreaking stride, the Union Home Minister and Minister of Cooperation, Shri Amit Shah, introduced a trio of pioneering bills in the Lok Sabha on August 11, 2023, aimed at a comprehensive transformation of India’s criminal justice framework. The legislation encompasses the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Bill, 2023. These legislative pieces are set to supersede and supplant the archaic Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, all of which were established during the British colonial era and subsequently ratified by the British Parliament.
Delving into a meticulous and thorough consultation process, the Home Minister collaborated extensively with diverse stakeholders, including legal scholars, judiciary members, attorneys, law enforcement officials, civil society organizations, and regional governments. This concerted effort has yielded a set of laws aimed at contemporizing and reinforcing India’s legal structure, upholding citizens’ constitutional rights, and streamlining the intricate criminal justice system.
The Bharatiya Nyaya Sanhita, 2023 is poised to supplant the dated IPC, originating from the year 1860 and having undergone multiple amendments since then. This proposed bill seeks to consolidate and amend regulations pertaining to offenses and their corresponding penalties. An impressive reduction of sections from 511 to 356 is a cornerstone of the bill, accompanied by the amendment of 175 sections, the incorporation of 8 novel sections, and the repeal of 22 sections. A systematic reclassification of offenses into categories such as cognizable and non-cognizable, bailable and non-bailable, as well as compoundable and non-compoundable, forms another pivotal facet of this bill. Additionally, the legislation introduces a revamped sentencing structure for various offenses, meticulously tailored to align with evolving societal norms and values.
The Bharatiya Nagarik Suraksha Sanhita, 2023 seeks to replace the outdated CrPC, originally established in 1973 and subsequently modified on numerous occasions. This comprehensive bill aims to consolidate and amend regulations concerning criminal procedures. Boasting a total of 533 sections, the bill orchestrates the amendment of 160 sections, the integration of 9 fresh sections, and the repeal of 9 sections. A conspicuous streamlining and acceleration of processes, including investigations, trials, bail proceedings, appeals, and revisions, are intrinsic to the bill’s design. Furthermore, it introduces stringent timelines for various stages of the criminal justice continuum. For instance, stipulations dictate that charge sheets must be submitted within 90 days (extendable by another 90 days under court discretion), accusations must be formally communicated within 60 days, and verdicts must be rendered within 30 days following the conclusion of arguments.
In a bid to modernize evidentiary practices, the Bharatiya Sakshya Bill, 2023 aims to replace the antiquated Evidence Act of 1872, which has undergone several revisions over time. The proposed bill seeks to aggregate and present general guidelines and principles governing trial evidence. Comprising a total of 170 sections, the bill introduces amendments to 23 sections, introduces 1 new section, and repeals 5 sections. Noteworthy integration of advanced technologies and forensic methodologies to enhance the quality of evidence and investigative procedures forms a pivotal element of this legislation. As an illustrative example, the inclusion of electronic or digital records, emails, server logs, computing devices, smartphones, laptops, SMS messages, websites, locational data, and digital communications within the definition of “documents” underlines the forward-thinking nature of the bill. Additionally, the legislation clarifies the admissibility and pertinence of diverse forms of evidence.
Emphasizing a paramount focus on the rights and welfare of victims, these bills incorporate noteworthy provisions. This encompasses the mandatory inclusion of victims’ statements in cases involving sexual violence, with an additional stipulation for video recordings of such statements in instances of sexual harassment. Furthermore, the bills establish mechanisms for compensating victims or their dependents in specific scenarios.
Anticipated to orchestrate a profound transformation within India’s criminal justice landscape, these bills are primed to engender a system that is more centered on citizens, transparent, efficient, and equitable. Beyond structural reforms, these bills underscore the government’s dedication to relegating the vestiges of colonial-era laws, aligning them with the ethos and values of contemporary India.
