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The new CrPC bill has been welcomed by some legal experts, who argue that it is a much-needed reform of the outdated code.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.

The Bharatiya Nyaya Sanhita Bill, 2023 (BNS-2023)

 The Indian government has introduced a new bill, the Bharatiya Nyaya Sanhita Bill, 2023, which seeks to replace the Indian Penal Code (IPC), 1860. The bill contains 356 sections, of which 175 have been amended, eight have been added, and 22 have been repealed.

Repealing the sedition law: The bill proposes to repeal Section 124A of the IPC, which deals with the offense of sedition. This has been a controversial law, with critics arguing that it has been used to stifle dissent. 

The BNS-2023 proposes a number of changes to the IPC, including:

• A new definition of consent: The BNS-2023 defines consent as "a voluntary agreement by words, gestures or in any other manner, capable of being perceived as such, expressly or impliedly given by a person of the age of eighteen years or above who is of sound mind and is not under any coercion, duress, threat, or undue influence, to participate in any sexual activity."
• New crimes: The BNS-2023 creates a number of new crimes, including acid attacks, stalking, and cyberbullying.
• Stricter punishments for certain crimes: The BNS-2023 proposes stricter punishments for certain crimes, such as rape, murder, and terrorism.
• Changes to the bail process: The BNS-2023 proposes to make it more difficult to get bail for certain crimes.
• Changes to the way evidence is collected and presented in court: The BNS-2023 proposes a number of changes to the way evidence is collected and presented in court. These changes are aimed at making the judicial process more efficient and fair.

The BNS-2023 has been met with mixed reactions from legal experts. Some have praised the bill for its progressive reforms, while others have criticized it for being too harsh and for violating the rights of the accused.

The bill is currently being considered by a parliamentary committee. If it is passed by Parliament, it would be a major milestone in the history of the Indian criminal justice system.

Specific changes proposed by the BNS-2023:

• New definition of consent: The BNS-2023 defines consent as "a voluntary agreement by words, gestures or in any other manner, capable of being perceived as such, expressly or impliedly given by a person of the age of eighteen years or above who is of sound mind and is not under any coercion, duress, threat, or undue influence, to participate in any sexual activity."

This is a significant change from the current definition of consent under the IPC, which is based on the idea of "free will". The new definition is more inclusive and takes into account the power dynamics that can exist in sexual relationships.

• New crimes: The BNS-2023 creates a number of new crimes, including acid attacks, stalking, and cyberbullying.

These crimes are designed to address emerging forms of violence and harassment.

• Stricter punishments for certain crimes: The BNS-2023 proposes stricter punishments for certain crimes, such as rape, murder, and terrorism.

These changes are aimed at deterring crime and sending a message that certain offenses will not be tolerated.

• Changes to the bail process: The BNS-2023 proposes to make it more difficult to get bail for certain crimes.

These changes are aimed at ensuring that dangerous criminals are not released from custody before their trial.

• Changes to the way evidence is collected and presented in court: The BNS-2023 proposes a number of changes to the way evidence is collected and presented in court. These changes are aimed at making the judicial process more efficient and fair.

For example, the bill proposes to allow for the use of scientific evidence, such as DNA profiling, to be used in court.

Impact of the BNS-2023:

If enacted, the BNS-2023 would be a major overhaul of the Indian criminal justice system. The bill is designed to make the system more just and efficient, and to protect the rights of victims.

However, the bill has also been criticized for being too harsh and for violating the rights of the accused. It remains to be seen whether the bill will be passed by Parliament, and if it is, how it will be implemented.