On Monday, President Droupadi Murmu signed the three new criminal bills replacing the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Evidence Act with the Bharatiya Sakshya Sanhita, Bharatiya Nagrik Suraksha Sanhita and Bharatiya Nyaya Sanhita Bills, 2023.
These bills were passed during the absence of two-thirds opposition of MPs due to mass suspension for misconduct for a discussion over a security breach in the parliament.
Moreover, in August 2023, these three acts were proposed in the Lok Sabha. However, during the ongoing Winter Session in December, the Home Minister decided to replace the new ones.
About the Three New Bills:
The Bharatiya Sakshya Sanhita (2023), is a new bill or law that replaces the Evidence Act of 1872. This was passed from the lower house of the parliament on December 25, 2023.
This law aims to modernize India’s evidence law, including electronic evidence (Section 2 (1)), provides admissibility of expert evidence in a wider range of cases (Section 45), establishes new rules for the admissibility of hearsay evidence (Section 51) and provides protection of witnesses from harassment and intimidation (Section 115).
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Bharatiya Nagrik Suraksha Sanhita (2023), replaces the Code of Criminal Procedure (CrPC), 1973. This law aims to provide provisions for mandating forensic investigation and imprisonment of seven years for the offense (Section 145), allow for the trials, inquiries, and proceedings to be held in electronic mode (Section 226), the establishment of National Forensic University (under Section 233) and to introduce new penalties for offenses like cybercrimes, terrorism, etc (Section 324).
Bharatiya Nyaya Sanhita (2023) replaces the Indian Penal Code (IPC), 1860. This includes cybercrimes, human trafficking, and terrorism (Section 1(1)), provides the death penalty for murder (Section 302), provides community service as punishment for offenses like theft (Section 403), and provides protection to victims (under Section 197).
The Purpose Behind Introducing New Criminal Bills:
The three new criminal bills aim to revamp India’s criminal justice system by replacing it with British-Era law while keeping several key purposes in mind.
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Strengthening the law and Modernization, the bills aim to bring modern advancements to incorporate with the social and technological landscape of the world. Also, it provides strict penalties for serious crimes like human trafficking, terrorism, and other relevant crimes.
Efficiency and Fairness in the system. The new bills introduced in the system reduce the time taken to proceedings for trials and investigations. On the other hand, it’s unbiased, safeguarding the witness’ and protecting the victim.
Moreover, it Replaces the Colonial Influence laws to build a more responsive, robust, and fair criminal law system for India with independent legal identity and Indian cultural values.
Controversies and Arguments:
The new criminal bills have certainly stirred up controversies and arguments over several factors.
Death Penalties, raising concerns about human rights violations. Which, the opponents argued for alternative punishments.
Increased the Power of Police to prolong the custody and electronic surveillance. Which, the arguments were on the abuse of powers and violation of privacy rights against minorities and activists.
The lack of public consultation, it was argued that the bills were passed without adequate public debate.
Moreover, on the digital evidence, transparency of bills was also argued by the opposition suggesting careful implementation of the bills to safeguard individual rights and make the justice system better.
Home Minister and Prime Minister’s Response:
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The Home Minister Amit Shah, has been a strong advocate for the new criminal bills. He emphasized their roles in improving and modernizing the criminal justice system.
He said, “I feel proud that for the first time, India’s Parliament is framing laws for the country’s criminal justice system that have a purely ‘Bharatiya’ soul, body, and thought.
Even Prime Minister Modi acclaimed the laws and called it a “turning point” for India’s Criminal Law system.
“These transformative Bills are a testament to India’s commitment to reform,” tweeted PM Modi.
He further added, “These bills ensure that enhance protection to the poor, marginalized and vulnerable sections of our society.
Anticipation from this:
The anticipation depends upon the working of the justice system with the potential transformation, efficiency, and response. As the bill moves towards open dialogue, critical analysis and implementation will be vital to ensure that they have achieved their desired goals.
Moreover, along with the criminal law, the President gives the nod to the new Telecommunication Bill 2023 today.
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