The Lok Sabha Passed 3 bills on new Criminal Laws IPC, CrPc and Indian Evidence Act

 The Bharatiya Nyaya Sanhita, 2023 (BNS) is a bill that seeks to replace the Indian Penal Code (IPC).

 August 11, 2023: The original Bharatiya Nyaya Sanhita Bill (BNS) was introduced in the Lok Sabha.

December 12, 2023: The BNS Bill was withdrawn after facing criticism and undergoing scrutiny by the Standing Committee on Home Affairs.

December 12, 2023: A revised version, the Bharatiya Nyaya (Second) Sanhita Bill (BNS2), was introduced in the Lok Sabha.

December 20, 2023: The BNS2 was passed by the Lok Sabha, not on Wednesday (which was December 20th).

Therefore, while the BNS2 has cleared one hurdle by successfully passing the Lok Sabha, it still needs to be voted on and approved by the Rajya Sabha before it becomes law. It's still early to say with certainty when or if it will be finally implemented.

 The BNS includes a number of significant changes from the IPC, including:

 Repeal of sedition: The BNS repeals the sedition law, which was widely criticized for being used to suppress dissent.

Introduction of a new penal code for mob lynching: The BNS introduces a new penal code that specifically criminalizes mob lynching.

Making the death penalty mandatory for rape of minors: The BNS makes the death penalty mandatory for rape of minors.

Other changes proposed by the BNS include:

 Adding terrorism as an offence: The BNS adds terrorism as an offence.

Adding petty organised crime as an offence: The BNS adds petty organised crime as an offence.

Adding murder by a group of five or more people on grounds of certain identity markers as an offence: The BNS adds murder by a group of five or more people on grounds of certain identity markers as an offence.

The BNS has been met with mixed reactions. Some have welcomed the changes, arguing that they are necessary to modernize India's criminal justice system and protect the rights of citizens. Others have criticized the changes, arguing that they are too harsh and could lead to human rights abuses.

 It is still unclear whether the BNS will be passed by Parliament. If it is passed, it would represent a significant change to India's criminal law.

 Here are some of the key changes proposed by the BNS in more detail:

 Repeal of sedition

 The sedition law was a colonial-era law that made it a crime to bring or attempt to bring hatred or contempt, or excite disaffection towards the government established by law. The law was widely criticized for being used to suppress dissent, and it was challenged in court several times. In 2019, the Supreme Court ruled that the law was constitutionally valid, but it placed certain restrictions on its use.

 The BNS repeals the sedition law entirely. This is a significant change, as it would remove a law that has been used to stifle dissent in India for many years.

 Introduction of a new penal code for mob lynching

 Mob lynching is a serious problem in India. In recent years, there have been numerous cases of people being lynched by mobs, often on the suspicion of being involved in crimes such as theft, cattle theft, or eating beef.

 The BNS introduces a new penal code that specifically criminalizes mob lynching. The new code defines mob lynching as the killing of a person by a group of people acting in concert. It also provides for a minimum sentence of five years imprisonment for mob lynching.

 This is a significant change, as it would send a clear message that mob lynching is a serious crime that will be punished.

 Making the death penalty mandatory for rape of minors

 The death penalty is a controversial punishment in India. It is currently mandatory for certain crimes, such as murder and waging war against the state.

 The BNS makes the death penalty mandatory for rape of minors. This is a significant change, as it would mean that anyone convicted of raping a minor would be sentenced to death.

 This is a controversial change, as it would mean that the death penalty would be applied to a wider range of crimes. Some people argue that this is necessary to protect children from rape, while others argue that it is too harsh a punishment.

 Other changes proposed by the BNS include:

 Adding terrorism as an offence: The BNS adds terrorism as an offence. Terrorism is defined as the use of violence or the threat of violence to achieve a political or religious goal.

Adding petty organised crime as an offence: The BNS adds petty organised crime as an offence. Petty organised crime is defined as a group of two or more people who commit crimes together.

Adding murder by a group of five or more people on grounds of certain identity markers as an offence: The BNS adds murder by a group of five or more people on grounds of certain identity markers as an offence. This is a new offence that would cover cases of murder that are motivated by hatred or discrimination against certain groups of people.

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.

New Changes Introduced in Indian Criminal Procedure Code

 The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, which seeks to replace the Criminal Procedure Code (CrPC), 1898, has introduced a number of new changes to the CrPC. Some of the key new changes include:

• Allowing for video conferencing during trials: The bill allows for the use of video conferencing during trials, which could help to reduce the backlog of cases and make the criminal justice system more efficient.
• Making handcuffing mandatory for certain offenses: The bill makes handcuffing mandatory for certain offenses, such as murder, rape, and counterfeit currency. This is aimed at preventing accused persons from escaping or harming witnesses.
• Introducing community service as a new form of punishment: The bill introduces community service as a new form of punishment for certain offenses. This could help to reduce the burden on prisons and give offenders the opportunity to make amends for their crimes.
• Making videography of seizures mandatory: The bill makes videography of seizures mandatory, which could help to reduce corruption and ensure that evidence is properly handled.
• Allowing for the trial of proclaimed offenders in absentia: The bill allows for the trial of proclaimed offenders in absentia. This could help to bring criminals to justice even if they have absconded.

The Bharatiya Nagarik Suraksha Sanhita Bill, 2023 is currently being reviewed by a parliamentary standing committee. It is expected to be debated and voted on in Parliament in the coming months.

In addition to the above changes, the bill also makes a number of other changes to the CrPC, such as updating the language of the code to make it more gender-neutral and inclusive. The bill also aims to simplify the code and make it more accessible to ordinary citizens.

The new CrPC bill has been welcomed by some legal experts, who argue that it is a much-needed reform of the outdated code. However, others have criticized the bill, arguing that it is too harsh and that some of the new provisions could be misused.

 Here are some of the specific new amendments proposed in the bill:

 Capital punishment for mob lynching: The bill proposes to introduce a new offense of mob lynching, punishable by death or life imprisonment.

Imprisonment for sexual intercourse on false promise of marriage: The bill proposes to make sexual intercourse on false promise of marriage a punishable offense, with a maximum penalty of 10 years in prison.

Increased punishment for rape and murder: The bill proposes to increase the maximum punishment for rape and murder to life imprisonment or death.

Reduced number of adjournments in trials: The bill proposes to reduce the number of adjournments that can be granted in trials.

Easier compensation for victims: The bill proposes to make it easier for victims of crime to get compensation.

The bill is still under consideration, and it is possible that some of the proposed amendments may be changed or removed before the bill is passed into law.