Home Minister Amit Shah introduced 3 new Bills in the Lok Sabha today which aspires to transform the country’s criminal justice system completely.
The three new bills introduced today are named: 1. Bharat Nyaya Sanhita (BNS Bill, 2023), 2. Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023 and 3. Bharatiya Sakshya (BS) Bill, 2023. These bills are explained in detail below.
Bharat Nyaya Sanhita (BNS Bill, 2023)
The Bharat Nyaya Sanhita seeks to replace the Indian Penal Code (1860).
- The BNS Bill aims to abolish sedition and introduce severe penalties for crimes like mob lynching and rape of a minor.
- The BNS Bill also includes options for first-time community service as a penalty for minor offences.
- This Bill identifies fresh offences like secession, armed rebellion, and subversive, separatist, or sovereignty-threatening actions against India’s unity.
You can read the entire Bill here.
Bharat Nagarik Suraksha Sanhita (BNSS Bill, 2023)
The Bharatiya Nagarik Suraksha Sanhita, 2023, seeks to replace CrPC.
- The BNSS Bill aims to make the justice system efficient and hence has detailed specific timelines for the investigation to be completed.
- The police report of the FIR must be transferred to the crime jurisdiction for further procedure in 14 days, and a copy of the FIR should be sent to both the accused and victim free of cost.
- A summary trial has been introduced for less severe or petty cases where the proceedings will occur via electronic means like video conferencing.
You can read the entire Bill here.
Bharatiya Sakshya (BS) Bill, 2023.
This Bill seeks to replace the Indian Evidence Act of 1872.
- The BS Bill aims to address technological advancements and acknowledge electronic evidence.
- Electronic evidence will now have the same legal effect as paper evidence.
You can read the entire Bill here
These three new bills proposed today would be replacing: 1. Indian Penal Code, 1860, 2. Criminal Procedure Act, 1898, and the 3. Indian Evidence Act, 1872 respectively. These bills were drafted in the colonial era and haven’t changed since then. They are explained below:
Indian Penal Code, 1860
- The IPC 1860 includes all relevant criminal offences dealing with crimes against the state, public offences, armed forces offences, kidnapping, rape, murder, etc.
- It also covers religious and property offenses, as well as a section on marriage offenses, cruelty from husbands or relatives, defamation, and so on.
Criminal Procedure Act, 1898
- The CrPC describes that all offenses in the Indian Penal Code 1860 shall be investigated, inquired into, tried unless it is otherwise dealt with.
Indian Evidence Act, 1872
- The Indian Evidence Act contains a number of provisions governing, examination, relevancy, admissibility, and evidence of facts.
- It also contains confessions, character relevance, the burden of proof in criminal trials, dying declarations, expert opinions and various stages in the witness examination.
In his announcement, Amit Shah, while introducing the proposed bills, provided a strong assurance that these legislative measures will undergo a comprehensive and meticulous review process by a dedicated Parliamentary panel. “The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime.” Said Shah.
What do you think about these bills? Do you think they will transform the country’s criminal justice system?
Featured image source: PTI