Out with the old, in with the bold: India's justice system gets a 21st-century upgrade!
- thejuristice
- Jul 2, 2024
- 4 min read
Introduction
Initiating a regime of New changes India has completely revamped the laws which were serving as the foundations of the criminal justice system in the country namely :
· Indian Penal Code, 1860.
· Criminal Procedure Code, 1973.
· Indian Evidence Act, 1872.
Not only the above three laws but also the years of Criminal Jurisprudence and case Laws will be changed and will call for a whole new criminal jurisprudence foundation of that will have to be built anew.
Coming on to this edition of the Juristice Newsletter We will Discuss 5 Major points of each of the New Laws Introduced:
Bharatiya Nyaya Sanhita, 2023
1. Community service has been introduced as a new form of punishment for minor offences in BNS, representing a shift from the retributive approach of the IPC to a more reformative one. Section 4 specifically states community service as a type of punishment, and offences under Sections 202, 209, 226, and 355 now include community service as a form of punishment.
2. The BNS includes new definitions, such as "child," and incorporates "transgender" into the definition of "gender," a concept absent from the IPC. Please refer to Section 2 Definitions in BNS for details.
3. The consolidation of offences against women and children into a single chapter in BNS represents an important legal development. Previously, these offences were dispersed across various sections of the IPC. The newly established Chapter V of BNS, titled "Of Offenses Against Woman and Child," addresses this consolidation comprehensively.
4. BNS has introduced several new offences, such as Section 103 (2) addressing Mob lynching, Section 113 covering Terrorist acts, Section 112 relating to Petty organized crime, and Section 47 regarding Abetment of offences outside India. These offences were not explicitly encompassed within the Indian Penal Code (IPC).
5. BNS endeavours to undertake the decolonization and modernization of the criminal justice system by expunging colonial vestiges and antiquated language present in the Indian Penal Code, a legal document dating back over 160 years. Additionally, the organization seeks to adopt a contemporary drafting style to harmonize with current legal practices.
Bharatiya Nagarik Suraksha Sanhita, 2023
1. The BNSS adopts a "citizen-centric" approach, seeking to balance the rights of both victims and the accused while upholding human rights principles. Its objective is to establish a more effective justice system capable of addressing challenges such as intricate procedures, case backlog, low conviction rates, inadequate technology adoption, and delayed justice delivery.
2. Changes in Provisions for Bail: The Code of Criminal Procedure (CrPC) allows for the grant of bail to an accused who has been detained for half the maximum imprisonment for the offense. However, it is noteworthy that Section 479 of the Bail, Not Jail Rule (BNSS) disallows this provision for individuals facing multiple charges. Given that numerous cases involve charges under multiple sections, this restriction may curtail the possibility of securing bail in such instances.
3. According to Section 187 of the BNSS, police custody for up to 15 days is permitted. This custody can be authorized in segments within the initial 40 or 60 days of the 60 or 90-day period of judicial custody. Failure to exhaust the 15 days of custody may result in the denial of bail for the entire period.
4. The BNSS introduces the provision of filing a Zero FIR, enabling the registration of a criminal complaint irrespective of the jurisdiction of the police station. Additionally, Section 173 facilitates the lodging of information through electronic communication (e-FIR), mandating the informant's signature to be obtained within 3 days prior to the official recording of the e-FIR.
5. The BNSS confers authority upon Magistrates of the first class, as outlined in Section 23, to impose fines up to Rs. 50,000, and upon Magistrates of the second class, fines up to Rs. 10,000. Furthermore, members of both classes are empowered to impose community service as a sanction.
Bharatiya Sakshya Adhiniyam, 2023.
1. The BSA designates electronic records as primary evidence under Section 57, whereas the IEA categorizes them as secondary evidence. Furthermore, the BSA extends the scope of electronic records to encompass information stored in semiconductor memory or communication devices such as smartphones.
2. The BSA permits the admissibility of electronic evidence without the requirement for certification under section 63, thus initiating a much-required change in the current provisions for authenticating electronic records.
3. The BSA maintains the provision from the IEA, allowing facts discovered due to information obtained from an accused in police custody to be admissible under section 23. This decision stands despite recommendations from courts and committees to remove it due to the potential risk of coercion.
4. The BSA's objective is to modernize and unify evidence law, encompassing electronic and digital records as admissible evidence, while the focus of the IEA was more confined to consolidating and delineating the law of evidence.
5. The BSA introduces more precise and uniform rules for courts to deal with facts and circumstances of a case through evidence, with the aim of ensuring a fair trial
Conclusion
In conclusion, the recent overhaul of India's justice system through the introduction of new laws such as the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita represents a significant step towards modernizing and reforming the country's century old legal framework. The inclusion of community service as a form of punishment, expanded definitions to encompass diverse demographics, and the consolidation of offenses against women and children demonstrate a commitment to addressing contemporary societal issues. Additionally, the citizen-centric approach of BNSS and the proposed changes in provisions for bail in the Code of Criminal Procedure highlight a concerted effort to balance the rights of victims and the accused while upholding human rights principles. These changes aim to establish a more effective and equitable justice system capable of addressing existing challenges and ensuring timely and fair delivery of justice for all.
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