The Hindu Editorial Analysis- 1st March 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

E-evidence, New Criminal Law, its Implementation

The three newly-enacted criminal laws, the Bharatiya Nyay Sanhita (to replace the Indian Penal Code), the Bharatiya Nagarik Suraksha Sanhita (to replace the Code of Criminal Procedure) and the Bharatiya Sakshya Adhiniyam (to replace the Indian Evidence Act) are to come into force on July 1, 2024. At the same time, Section 106(2) of the Bharatiya Nayay Sanhita (BNS), which prescribes 10 years imprisonment for fatal accidents if they are not immediately reported to the police, has been put on hold, as notified by the Central government.

Detailed Insights

• The Centre has presented three new Bills in the Lok Sabha to completely revamp the country's criminal justice system.
• These Bills are slated to substitute the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872.
• Under this reform, the Bharatiya Nyaya Sanhita, 2023, will replace the IPC, while the Bharatiya Nagarik Suraksha Sanhita, 2023, will take the place of the CrPC.
• Furthermore, the Indian Evidence Act will be superseded by the Bharatiya Sakshya Bill, 2023.

Need for New Bills

• Colonial Legacy

  Between 1860 and 2023, the nation's legal system operated based on laws established during British colonial rule. These laws, rooted in outdated language and concepts, may no longer align with current societal values.

• Advances in Technology

  The rapid progress of technology has brought new dimensions to crime, evidence, and investigative processes. For instance, modern forensic science and technological tools have revolutionized evidence collection and analysis.

• Simplification and Streamlining

  Over time, legal frameworks have grown increasingly intricate, causing confusion among legal professionals, law enforcement, and the public. Simplifying these laws can promote clarity, transparency, and better understanding of legal processes.

• Evidence Collection and Presentation

  The Indian Evidence Act predates the advancements in forensic science and technology. This gap highlights the necessity for updating laws to align with contemporary methods of evidence collection and presentation.

• Reports Advocating Reforms

  Multiple reports, including those from the Parliamentary Standing Committee on Home Affairs, emphasize the urgency of reforming the country's criminal justice system. Recommendations within these reports stress the need for comprehensive reviews and updates to existing laws.

Criminal Law Reforms Committee

• The Ministry of Home Affairs established a committee on May 4, 2020, to assess the existing criminal law codes.
• Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi, led the committee.
• The primary objective of the committee was to propose reforms to the country's criminal laws in a fair and efficient manner.
• There were concerns raised about the committee's lack of diversity and its operational transparency.
• Questions were raised regarding the committee's independence from the Ministry of Home Affairs.

In May 2020, the Ministry of Home Affairs established a committee to review the existing criminal law codes. This committee, headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU) in Delhi, aimed to suggest reforms to the nation's criminal laws in a just and effective manner. However, criticisms were directed at the committee for its lack of diversity and the lack of transparency in its operations. Additionally, concerns were raised about whether the committee would function independently from the Ministry of Home Affairs.

Key Highlights of the Bharatiya Sakshya Bill, 2023

• The Bharatiya Sakshya Bill, 2023, is set to replace the Indian Evidence Act, bringing about changes to 23 provisions while introducing a new one. This comprehensive bill comprises a total of 170 sections.
• Under this new bill, electronic or digital records will be accepted as evidence, holding legal validity as documentary proof.
• The definition of secondary evidence has been broadened to encompass various forms, including copies produced through mechanical processes, copies made from or compared with the original, counterparts of documents for parties who did not sign them, and oral testimonies regarding document contents by individuals who have directly observed them.
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  • Copies produced through mechanical processes are now considered valid forms of secondary evidence.
  • Copies made from or compared with the original document are now recognized as secondary evidence.
  • Counterparts of documents can now serve as evidence against parties who were not involved in their execution.
  • Oral accounts of document contents given by individuals who have personally witnessed them are now admissible as secondary evidence.

By enacting the Bharatiya Sakshya Bill, the legal landscape concerning evidence in India will witness significant enhancements, especially in the realm of digital and secondary evidence.

Summary: Introduction of Three New Bills in Lok Sabha for Criminal Justice System Reform

• Recently, Union Home Minister Amit Shah presented three bills in the Lok Sabha with the aim of revamping India's criminal justice system.
• The proposed bills include the Bharatiya Nyaya Sanita Bill, 2023; the Bhartiya Nagrik Suraksha Sanhita Bill, 2023; and the Bharatiya Sakshya Bill, 2023.

• Bharatiya Nyaya Sanita Bill, 2023: This bill focuses on enhancing the judicial system in India by introducing measures to streamline legal processes and ensure timely delivery of justice. It aims to reduce the backlog of cases in courts, thereby improving efficiency.
• Bhartiya Nagrik Suraksha Sanhita Bill, 2023: The primary objective of this bill is to strengthen the safety and security of Indian citizens. It may include provisions related to crime prevention, victim protection, and the overall well-being of the populace.
• Bharatiya Sakshya Bill, 2023: This bill is likely centered around promoting education and literacy across the country. It could encompass initiatives to enhance educational infrastructure, increase access to quality education, and improve literacy rates among the population.

Importance of the Proposed Reforms:

• These bills signify a significant step towards modernizing and improving India's legal framework, aiming to make the justice system more efficient, accessible, and equitable for all citizens.
• By addressing key aspects such as judicial efficiency, citizen safety, and education, the government aims to create a more just and secure society for its people.

By introducing these bills, the government is demonstrating its commitment to reforming the criminal justice system and addressing critical issues related to law, order, and social welfare in the country.

Key Highlights

• Bills Referred to a Parliamentary Standing Committee
• Discussion in the Parliament

Bills Referred to a Parliamentary Standing Committee

• When bills are referred to a Parliamentary Standing Committee, the committee thoroughly reviews and discusses them, clause by clause.
• After deliberation, the Committee compiles a detailed report with recommendations for the government.
• While these recommendations are not obligatory, the government generally considers and includes many of them.

Discussion in the Parliament

• Following the committee's recommendations, the government decides which suggestions to adopt.
• If only a few recommendations are accepted, the government amends the original bills accordingly.
• If significant changes are necessary, the government may withdraw the bill and introduce a modified version.
• Once the bills return to the Lok Sabha in their final form, they undergo debate and require a simple majority for passage.
• Subsequently, the bills proceed to the Rajya Sabha for further debate and voting.