Analyzing the Revised criminal law bills: The key changes | Explained
  2023-12-29
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Analyzing the Revised criminal law bills: The key changes | Explained

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## Introduction

 

The Union government in India recently introduced three revised bills to replace the existing criminal laws in the country. The Bharatiya Nyaya (Second) Sanhita Bill aims to replace the Indian Penal Code (IPC) of 1860, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill aims to replace the Code of Criminal Procedure (CrPC) of 1973, and the Bharatiya Sakshya (Second) Bill aims to replace the Indian Evidence Act of 1872. These bills propose significant changes to the criminal justice system, including the consolidation of offenses, introduction of new provisions, and the implementation of timelines for investigation and trial.

In this article, we will analyze the key highlights and differences between the old and revised criminal law bills, providing a comprehensive overview of the proposed changes. We will delve into each bill separately, highlighting the major modifications and their potential impact on various aspects of the legal system in India.

Bharatiya Nyaya (Second) Sanhita Bill, 2023

The Bharatiya Nyaya (Second) Sanhita Bill aims to replace the Indian Penal Code (IPC) of 1860. This bill introduces several significant changes to the existing criminal laws, consolidates offenses, and introduces new provisions. Let's explore the major modifications proposed under this bill:

Introduction of Organized Crime

One notable change in the Nyaya Sanhita Bill is the introduction of the definition of 'organized crime.' Under the new Section 109, organized crime is defined as a group or individuals acting in concert or on behalf of an organized crime syndicate, committing offenses such as extortion, land grabbing, economic offenses, and offenses relating to bodily harm. The inclusion of economic offenses in the definition of organized crime broadens the scope of offenses falling under this category.

Changes in Offenses of Cheating, Criminal Breach of Trust, Forgery, and Falsification of Accounts

The Nyaya Sanhita Bill consolidates and rearranges offenses related to cheating, criminal breach of trust, forgery, and falsification of accounts. Provisions related to these offenses have been streamlined and updated. For instance, the new Section 316 deals with cheating, consolidating the definition and punishment for cheating. The bill also introduces aggravated offenses of cheating, such as cheating with the knowledge of wrongful loss and cheating by dishonestly inducing the delivery of property.

Similar consolidation and rearrangement of provisions have been made for offenses of criminal breach of trust, forgery, and falsification of accounts. Notably, the punishment for criminal breach of trust has been increased from three years to five years. The Nyaya Sanhita Bill also introduces the obligation to report the commission of an offense of criminal breach of trust.

Expansion of Definitions and Introduction of New Offenses

The Nyaya Sanhita Bill expands the definitions of various terms and introduces new offenses. The definition of 'child' is introduced, and 'transgender' is included in the definition of 'gender.' The bill also introduces new offenses such as organized crime, terrorist acts, petty organized crime, hit and run, mob lynching, hiring a child to commit an offense, sexual exploitation of women by deceitful means, and more. These additions aim to address emerging criminal activities and provide a comprehensive legal framework.

Timelines for Investigation and Trial

One significant aspect of the Nyaya Sanhita Bill is the introduction of specified timelines for investigation and trial. The bill mandates completion of further investigation within 90 days after the filing of a chargesheet and obligates the police officer to inform the victim or informant about the progress of the investigation within the same period. The bill also sets timelines for the framing of charges, delivery of judgments, and other stages of the trial, aiming to ensure a speedy and efficient judicial process.

Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023

The Bharatiya Nagarik Suraksha (Second) Sanhita Bill aims to replace the Code of Criminal Procedure (CrPC) of 1973. This bill introduces various changes to the existing criminal procedure laws, with a focus on timelines, electronic communication, and trial procedures. Let's explore the major modifications proposed under this bill:

Timelines for Investigation and Trial

One significant aspect of the Nagarik Suraksha Sanhita Bill is the introduction of timelines for investigation and trial. The bill specifies that further investigation after the filing of a chargesheet should be completed within 90 days, and the police officer must inform the victim or informant about the progress of the investigation within the same period. The bill also sets a timeline of 60 days for framing charges and requires the delivery of judgments within 30 days from the completion of arguments, with a possibility of extension up to 60 days.

Electronic Communication and Video Conferencing

The Nagarik Suraksha Sanhita Bill embraces the use of electronic communication and video conferencing at various stages of the legal process. Statements of victims and witnesses can be recorded through audio-video electronic means, and summons can be served via electronic communication. The bill also allows accused individuals to attend proceedings through audio-video electronic means. These provisions aim to enhance efficiency, transparency, and accessibility in the legal system.

Attachment and Seizure of Proceeds of Crime

The Nagarik Suraksha Sanhita Bill introduces a provision for the attachment and seizure of property derived from criminal activities or considered as proceeds of crime. Police officers can apply to the court for the attachment of such properties, subject to approval from the Superintendent or Commissioner of Police. If the court finds the attached property to be derived from proceeds of crime, it may order the distribution of the property to affected individuals.

Trial in Absentia

One noteworthy provision in the Nagarik Suraksha Sanhita Bill is the provision for trial in absentia. The bill allows for the trial of individuals declared as 'absconders' even in their absence. The court can proceed with the trial and record reasons in writing, treating the absconder as present. However, the absconder does not have the right to appeal unless they present themselves before the appellate court. This provision aims to ensure that absconding offenders are not able to evade justice.

Bharatiya Sakshya (Second) Bill, 2023

The Bharatiya Sakshya (Second) Bill aims to replace the Indian Evidence Act of 1872. This bill introduces changes to provisions related to electronic evidence, witness protection, and modernizing archaic terminology. Let's explore the major modifications proposed under this bill:

Inclusion of Electronic Evidence

The Sakshya Bill includes provisions for the admissibility of electronic and digital records as evidence. It defines electronic records as part of the definition of 'document' and includes statements received electronically in the definition of 'evidence.' The bill emphasizes the proper custody, storage, transmission, and broadcast of electronic and digital records, ensuring their admissibility and validity in legal proceedings.

Witness Protection and Victim's Rights

The Sakshya Bill introduces provisions for witness protection and expands the definition of 'victim.' It empowers police officers to record witness statements through audio-video electronic means, enhancing transparency and ease of recording. The bill also introduces victim's rights, requiring the police officer to inform the victim or informant about the progress of the investigation. These provisions aim to safeguard the rights and well-being of witnesses and victims throughout the legal process.

Modernization and Simplification

The Sakshya Bill modernizes and simplifies the Indian Evidence Act by updating archaic terminology and replacing colonial remnants. It introduces contemporary drafting style and replaces terms like 'lunatic,' 'insane,' and 'idiot' with more appropriate and sensitive language. The bill also replaces colonial references with more relevant terms and brings uniformity in the use of expressions throughout the act.

Conclusion

The revised criminal law bills proposed in India aim to overhaul the existing legal system, streamline offenses, introduce new provisions, and ensure a speedy and efficient judicial process. The Bharatiya Nyaya (Second) Sanhita Bill seeks to replace the Indian Penal Code, introducing changes in offenses, definitions, and timelines for investigation and trial. The Bharatiya Nagarik Suraksha (Second) Sanhita Bill aims to replace the Code of Criminal Procedure, incorporating provisions for electronic communication, trial in absentia, and attachment of proceeds of crime. The Bharatiya Sakshya (Second) Bill aims to replace the Indian Evidence Act, modernizing provisions related to electronic evidence, witness protection, and victim's rights.

These proposed changes have the potential to improve the criminal justice system in India, ensuring a more efficient, transparent, and victim-centric approach. It is crucial to analyze and debate these bills to ensure they strike the right balance between protecting individual rights and maintaining societal order.

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