Special: Biggest Reform in Criminal Laws- A Game Changer | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

• British laws were designed to bolster British authority through punitive measures rather than dispensing justice.
• India's criminal justice system, governed by British legislation from 1860 to 2023, stands on the cusp of significant change as three key laws are earmarked for replacement.
• The experience of seven decades of Indian democracy underscores the need for a comprehensive review of our criminal statutes, including the Code of Criminal Procedure, aligning them with contemporary societal needs and aspirations.
• In a groundbreaking move, Union Home Minister Amit Shah introduced a trio of bills in the Lok Sabha, signaling the intention to replace the Indian Penal Code, the Criminal Procedure Code, and the Indian Evidence Act, shifting the focus from punishment to justice provision. The 1860 IPC is set to be succeeded by the Bharatiya Nyaya Sanhita in 2023.
• The CrPC of 1973 will give way to the Bharatiya Nagarik Suraksha Sanhita in 2023, while the Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya Bill in 2023.

Transformation of India's Criminal Justice System through Legislative Changes:

Recent legislative revisions aim to expedite justice delivery and modernize the legal system to meet contemporary societal needs and aspirations. The overarching goal is to prioritize justice provision over mere punishment, with punitive measures serving as deterrents to curb criminal activities.

Salient Features of the Bills

Sedition

• The IPC defines sedition as actions intending to incite hatred, contempt, or disaffection towards the government.
• The proposed Bill eliminates sedition as an offense, replacing it with penalties for activities such as inciting secession, armed rebellion, subversive actions, promoting separatism, or jeopardizing India's sovereignty or unity.
• Violations under the new provisions may result in imprisonment up to seven years or life imprisonment, along with fines.

Terrorism

• The Bill defines terrorism as acts aiming to threaten the country's unity, integrity, and security, intimidate the public, or disrupt public order.
• It encompasses the use of firearms, explosives, hazardous substances, property destruction, disruption of essential services, and activities listed in the Unlawful Activities (Prevention) Act, 1967.
• Penalties range from death or life imprisonment for fatal acts to imprisonment between five years and life for others, along with fines of at least five lakh rupees.
• Conspiring, organizing, or assisting in preparing any terrorist act carries imprisonment between five years and life, along with fines.

Organized Crime

• Ongoing criminal activities such as kidnapping, extortion, contract killing, land grabbing, financial frauds, and cybercrimes, perpetrated through violence or intimidation for material or financial gain, whether by individuals or criminal syndicates.
• Penalties range from death or life imprisonment for offenses resulting in death to imprisonment between five years and life for others, along with fines.

Petty Organized Crime

• Organized crimes causing general insecurity, committed by criminal groups, including pickpocketing, snatching, and theft.
• Attempting or committing petty organized crime is punishable by imprisonment between one and seven years, along with fines.

Murder on Grounds of Caste or Race

• Murder committed by five or more individuals based on specified grounds (race, caste, sex, birthplace, language, or personal belief) is punishable by imprisonment between seven years and life, or death, along with fines.

Death Penalty for Gang Rape of Minors

• The bill extends the death penalty provision for gang rape to victims under 18 years of age, expanding beyond the previous provision applicable to victims below 12 years under the IPC.

Sexual Intercourse by Deceitful Means

• This provision criminalizes sexual intercourse with a woman through deceit or a false promise of marriage without intending to fulfill it, punishable by imprisonment up to ten years, along with fines.

Extending Offenses to Boys

• Importing boys under 18 years for illicit intercourse with another person will be deemed an offense, aligning the law with a gender-neutral approach concerning certain offenses involving minors.

Impact:

• The replacement of existing laws with the newly introduced trio is expected to bring about a significant transformation in India's criminal justice system. The focus is on protecting the rights of Indian citizens, with punishment serving as a deterrent to criminal activities. The bills aim to establish a robust and efficient legal framework prioritizing justice and addressing evolving societal needs.

The Bhartiya Sakshya Bill 2023

• This proposal aims to modernize evidence admissibility rules in Indian legal proceedings, repealing the Indian Evidence Act of 1872 to update and adapt these rules to contemporary contexts.
• Admissibility of electronic or digital records as evidence
• The bill seeks to broaden the definition of documentary evidence to encompass electronic or digital records, including information stored in various devices like smartphones, laptops, server logs, and voicemails. This change equates the legal effect of electronic records to that of paper records.

Oral evidence

• The proposed bill extends the definition of oral evidence to include electronically provided information, recognizing that electronically made statements can be considered as oral evidence.

Secondary evidence

• The bill expands the definition of secondary evidence, now including oral and written admissions, as well as expert testimony in examining documents, clarifying its necessity not only when the original document is inaccessible but also when its genuineness is in question.

Production of documents

• While witnesses summoned to produce documents must comply, the court will not demand privileged communications between Ministers and the President to be produced, safeguarding such communications from mandatory court production.

Joint trials

• Regarding joint trials involving multiple accused individuals, the bill elaborates on the treatment of confessions by one accused implicating others and clarifies that trials involving multiple individuals will still be considered joint trials, even if one accused is absent or has not responded to an arrest warrant.

The Bharatiya Nagarik Suraksha Sanhita 2023

Key changes proposed under the bill include:

• This new legislation aims to replace the Code of Criminal Procedure, 1973, preserving most of its provisions but introducing changes and reforms.
• The Code of Criminal Procedure, 1973, governs arrest, trial, and bail processes for criminal offenses under various laws such as the Indian Penal Code, 1860.

Detention of Undertrials

• The new bill modifies the existing provision that mandates release on personal bond after an accused spends half of the maximum imprisonment during investigation or trial, excluding release for offenses punishable by life imprisonment or facing multiple proceedings. 
• First-time offenders may secure bail after completing one-third of the maximum imprisonment for the offense, necessitating an application by the jail superintendent.

Electronic Trials

• Legal proceedings, including trials and inquiries, can be conducted electronically, allowing court proceedings through digital platforms or electronic communication systems. 
• It enables the production of electronic communication devices as potential sources of digital evidence during investigations or trials.

Medical Examination of Accused

• The bill expands the authority for the medical examination of accused individuals, allowing any police officer to initiate such examinations, providing more flexibility in this regard.

Forensic Investigation

• The bill mandates forensic investigation for offenses carrying a minimum punishment of seven years of imprisonment, ensuring forensic experts visit crime scenes to collect evidence, documented using electronic devices. 
• States lacking forensic facilities may utilize facilities in other states.

Prohibition of Carrying Arms

• The provision empowering District Magistrates to prohibit carrying arms in certain public situations for up to six months is proposed for omission, possibly due to non-notification or perceived redundancy.

Signatures, Finger Impressions, and Voice Samples

• Metropolitan or Judicial Magistrates are empowered to order the provision of not only specimen signatures and handwriting but also finger impressions and voice samples, even for individuals not arrested, broadening the magistrate's authority.

Timelines for Procedures

• The bill introduces specific timelines for various legal procedures, such as submitting medical reports within seven days for cases involving rape victims, setting timeframes for giving judgments, informing victims of investigation progress, and framing charges in session courts.

Trial in Absence of Offender

• Trials and judgments can be conducted in the absence of a proclaimed offender when the accused person has evaded trial, and there's no immediate prospect of their arrest.

Metropolitan Magistrates

• The bill omits the provision related to metropolitan areas' notification and the appointment of Metropolitan Magistrates in cities or towns with a population exceeding one million, without explicitly mentioning the reasons for this omission.

Conclusion

The success of these bills in achieving their intended outcomes depends on effective implementation, ongoing evaluation, and responsiveness to emerging challenges. Public awareness and engagement will play a crucial role in ensuring the success of these reforms.