NAVIGATING THE LEGAL EVOLUTION : NEW CRIMINAL SYSYTEM BILL IN INDIA

INTRODUCTION

On Friday 11th day of August 2023 Home Minister Amit Shah introduced three new bills in Lok Sabha which aim to change the existing criminal system in India as the existing criminal laws in India are still giving us a sense of colonialism as they are created by and in British era.

These bills have been made after consultation with various law experts, supreme court and high court judges, law universities, and chief ministers, and it has also taken the inspiration of various committees.

Shah claimed that the following three bills would overhaul India’s criminal justice system:

• The Bharatiya Nyaya Sanhita Bill, 2023 (to replace Indian Penal Code)
• The Bharatiya Sakshya Bill, 2023 (to replace The Indian Evidence Act, 1872)
• The Bharatiya Nagrik Suraksha Sanhita Bill, 2023 (to replace The Code Of Criminal Procedure, 1973)

AIM OF INTRODUCING NEW CRIMINAL SYSTEM BILL IN INDIA

The aim for introducing the new criminal system bill in India is that the outdated laws, originating from the 19th century, symbolized subjugation, harkening back to the era of British colonial rule in India. the nation’s criminal justice system operated in accordance with British-made legislation from 1860 to 2023. The three laws will be replaced, and the nation’s criminal justice system will undergo significant transformation. Since the British formed the IPC, which has served as the foundation of the criminal justice system for more than 160 years, changes have been made to ensure prompt justice.

CHANGES IN NEW CRIMINAL SYSTEM IN INDIA

1. The major changes in the new acts are there are some sections repealed and added like earlier there were 511 sections in Indian penal code (IPC). But in Bharatiya Nyaya Sanhita (BNS) Bill, 2023 there are 356 sections. In old, the code of criminal procedure (CRPC) there were 484 sections but in new Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023 there are 533 sections. the Indian Evidence Act, 1872 has 167 sections and new Bharatiya Sakshya (BS) Bill, 2023 has 170 sections.
2.  Stringent punishment for mob lynching and rape of minors.  The new bill will introduce a provision of capital punishment for mob lynching cases, up to 20 years imprisonment to life term for gang-rape and death penalty for rape of a minor. The new bill prioritizes laws for crimes against women and children, murders and offences against the state,
3. The conviction rate will be above 90 per cent. “For any crime which has imprisonments above seven years, forensic teams should be there at the scene which will decrease the chance of a criminal getting acquitted,”
4. Sedition law ‘has been repealed’, It is replaced by Section 150 for acts endangering sovereignty, unity and integrity of India through “words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means” Any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years,
5. Video recording of statements in rape cases have been made compulsory
6.  Community services have been introduced as a punishment for petty offences.

HIGHLIGHTS OF THESE BILLS

1. Provision of Capital punishment for Mob lynching.
2. 20 years of imprisonment to life term for gang rape.
3. Death penalty for rape of a minor.
4. Sedition law has been repealed and replaced by section 150 i.e. acts endangering the sovereignty, unity, and integrity of India through “words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means”.
5. Video recording of statements of rape victims made compulsory.
6. The provision of zero-FIR has been introduced which allows citizens to lodge FIR at any police station, no matter what is the jurisdiction of the incident.
7. ‘Deemed Sanction’ is a provision to prosecute civil servants and police officers.
8. Complete digitalization of process from FIR to delivering judgment.
9. Videography mandatory during search and seizure.

There are many provisions added and removed in these new Bills. Some of these are mentioned above.