The Central govt withdrew 3 new criminal law bills and plans to introduce them again

 On December 11, 2023, the Indian government withdrew three new criminal law bills that were introduced in the Lok Sabha in August 2023. The three bills are:

 The Bharatiya Nyaya Sanhita Bill, 2023: This bill seeks to replace the Indian Penal Code (IPC), which was enacted in 1860.

The Bharatiya Nagrik Suraksha Sanhita Bill, 2023: This bill seeks to replace the Code of Criminal Procedure (CrPC), which was enacted in 1898.

The Bharatiya Sakshya Bill, 2023: This bill seeks to replace the Indian Evidence Act (IEA), which was enacted in 1872.

The decision to withdraw the bills was taken after the Parliamentary Standing Committee on Home Affairs recommended changes to them. The government has said that it will introduce new versions of the bills based on the Committee's recommendations.

 The Committee's recommendations are not yet public. However, it is reported that the Committee recommended changes to the bills in several areas, including:

 The death penalty: The Committee reportedly recommended that the death penalty should be abolished.

Bail: The Committee reportedly recommended that bail should be made more readily available to accused persons.

Witness protection: The Committee reportedly recommended that the government should strengthen witness protection mechanisms.

Police powers: The Committee reportedly recommended that the government should limit the powers of the police.

It is likely that the new versions of the bills will be introduced in the Parliament in the coming months. The outcome of the legislative process will have a significant impact on India's criminal justice system.

 Here are some additional details about the withdrawn bills:

 The Bharatiya Nyaya Sanhita Bill, 2023 proposed several changes to the IPC, including:

abolishing the death penalty for certain offenses reducing the maximum sentence for murder from death to life imprisonment introducing new offenses, such as stalking and cyberbullying

 The Bharatiya Nagrik Suraksha Sanhita Bill, 2023 proposed several changes to the CrPC, including:

• simplifying and streamlining criminal procedures
• introducing time limits for investigations and trials
• giving victims of crime more rights and support
•  The Bharatiya Sakshya Bill, of 2023 proposed a number of changes to the IEA, including:
• making it easier to admit scientific evidence in court
• strengthening witness protection mechanisms
• giving judges more discretion in deciding whether to admit evidence

 It is important to note that these are just some of the proposed changes to the bills. The final versions of the bills may include additional changes based on the recommendations of the Parliamentary Standing Committee and other stakeholders.

 Bharatiya Nagrik Suraksha Sanhita (BNSS) Bill, 2023

As of 12 December 2023, the Bharatiya Nagrik Suraksha Sanhita (BNSS) Bill, 2023 ,the

BNSS Bill seeks to replace the Code of Criminal Procedure (CrPC), which was enacted in 1973. The Bill proposes several reforms, including:

 Streamlining procedures: The Bill aims to simplify and streamline criminal procedures, making them more efficient and accessible to citizens.

Improving victim protection: The Bill seeks to strengthen victim protection mechanisms, providing victims with more rights and support.

Ensuring fair trial rights: The Bill aims to ensure fair trial rights for all accused persons, including the right to a speedy trial and the right to legal representation.

The Bill has been met with mixed reactions from legal experts and civil society organizations. Some have welcomed the proposed reforms, while others have raised concerns about potential implications for individual rights and the rule of law.

 Key areas of concern include:

 The scope of police powers: The Bill expands the scope of police powers, giving police officers more authority to arrest, detain, and search individuals. This has raised concerns about the potential for misuse of police powers.

The balance between victim protection and due process: The Bill gives victims of crime a number of new rights, including the right to restitution and the right to participate in the trial process. However, this has raised concerns about the potential for these rights to be used to undermine the due process rights of accused persons.

The impact of stricter bail provisions: The Bill proposes stricter bail provisions for certain offenses, making it more difficult for accused persons to be released on bail. This has raised concerns about the impact of these provisions on vulnerable communities, such as the poor and marginalized.

It is likely that the BNSS Bill will continue to be debated and discussed in the coming months. The outcome of the legislative process will have a significant impact on India's criminal justice system.

 Streamlining procedures: The BNSS Bill aims to simplify and streamline criminal procedures, making them more efficient and accessible to citizens. This includes introducing time limits for investigations and trials, and providing for electronic filing of documents.

Improving victim protection: The BNSS Bill seeks to strengthen victim protection mechanisms, providing victims with more rights and support. This includes giving victims the right to restitution, the right to participate in the trial process, and the right to protection from further harm.

Ensuring fair trial rights: The BNSS Bill aims to ensure fair trial rights for all accused persons, including the right to a speedy trial, the right to legal representation, and the right to remain silent.

The BNSS Bill has been met with mixed reactions from legal experts and civil society organizations. Some have welcomed the proposed reforms, while others have raised concerns about potential implications for individual rights and the rule of law.

 Key areas of concern include:

 The scope of police powers: The BNSS Bill expands the scope of police powers, giving police officers more authority to arrest, detain, and search individuals. This has raised concerns about the potential for misuse of police powers.

The balance between victim protection and due process: The BNSS Bill gives victims of crime a number of new rights, including the right to restitution and the right to participate in the trial process. However, this has raised concerns about the potential for these rights to be used to undermine the due process rights of accused persons.

The impact of stricter bail provisions: The BNSS Bill proposes stricter bail provisions for certain offenses, making it more difficult for accused persons to be released on bail. This has raised concerns about the impact of these provisions on vulnerable communities, such as the poor and marginalized.

The BNSS Bill is still under review by a Parliamentary Committee. The Committee is expected to submit its report to the Parliament in the upcoming winter session.

•  Investigations: The BNSS Bill introduces time limits for investigations. For example, the investigation of a murder must be completed within 180 days.
• Trials: The BNSS Bill also introduces time limits for trials. For example, the trial of a murder must be completed within 360 days.
• Electronic filing: The BNSS Bill allows for electronic filing of documents in criminal cases. This is expected to make the process more efficient and accessible.
• Improving victim protection
•  
• Restitution: The BNSS Bill gives victims of crime the right to restitution. This means that the offender may be ordered to pay money to the victim to compensate for the harm caused.

Participation in the trial process: The BNSS Bill gives victims the right to participate in the trial process. This means that they can give evidence, ask questions, and make submissions to the court.

Protection from further harm: The BNSS Bill provides for the protection of victims from further harm. This may include measures such as witness protection or restraining orders.

Ensuring fair trial rights

 Speedy trial: The BNSS Bill guarantees the right to a speedy trial. This means that the case must be heard and decided without undue delay.

Legal representation: The BNSS Bill guarantees the right to legal representation. This means that the accused person is entitled to have a lawyer represent them in court.

Right to remain silent: The BNSS Bill recognizes the right to remain silent. This means that the accused person is not obliged to answer questions from the police or the court.

It remains to be seen whether the BNSS Bill will be passed by the Parliament. If it is passed, it will have a significant impact on the criminal justice system in India.