Lok Sabha passes three criminal law Bills: Here are the key changes Bharatiya Nyaya Sanhita which will replace the Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita which will replace the Code of Criminal Procedure and Bharatiya Sakshya Adhiniyam which will replace the Indian Evidence Act. Here's what changes :-The Indian Express Dec 21,2023

 

Take a look at highlights from the Bharatiya Nyay Sanhita (Express File Photo by Abhisek Saha)

Lok Sabha on Wednesday passed three key Bills that seek to overhaul the criminal justice system, with Union Home Minister Amit Shah asserting that the focus is on delivering speedy justice rather than handing down punishment.

Here are the key points of Bharatiya Nyaya Sanhita which will replace the Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita which will replace the Code of Criminal Procedure and Bharatiya Sakshya Adhiniyam which will replace the Indian Evidence Act:

Bharatiya Nyaya Sanhita

• Definition of child introduced
• Transgender included in definition of ‘gender’
• Electronic, digital records included in definition of document
• New chapter on offence against woman and child introduced
• New chapter on ‘inchoate offences’ (attempt, abetment and conspiracy) introduced
• New offences like organised crime, terrorist act, petty organised crime, hit and run, mob lynching, hiring child to commit offence, sexual exploitation of woman by deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity and unity of India, publication of false or fake news etc. introduced
• Attempt to commit suicide is deleted
• Community service is provided as a punishment for theft of less than Rs 5,000

Bharatiya Nagarik Suraksha Sanhita

• Scope of declaring proclaimed offender increased. Earlier only 19 offences were included which did not include rape cases. Now all offences with punishment for 10 years or more included
• Arrest of offences with punishment of less than 3 years offence with prior nod of senior police officers
• 15 days police custody is allowed for the first 40/60 days of the detention period and this will not be a ground for refusal of bail
• In-absentia trial introduced
• Electronic FIR introduced
• Preliminary Inquiry introduced in offences punishable from 3 years to less than 7 years
• Meaning of bail has been simplified throughout the BNSS
• First time undertrial is provided early release on bail
• Bail in acquittal cases simplified
• First time offender to be given relaxed punishment (one-fourth and one-sixth of such punishment) in plea bargaining
• Timeline prescribed in many procedures and processes
• Audio video electronic means used for many processes and procedures to enhance transparency, accountability and speedy justice – like recording of evidence of witness, deposition by police officer, evidence of accused, evidence of public servant, scientific expert or medical officer, pronouncement of judgment
• Witness protection scheme introduced
• Definition of ‘victim’ expanded, police officer to inform victim/informant about progress in probe
• Provision for not more than 2 adjournments introduced

Bharatiya Sakshya Adhiniyam

• Electronic record included in definition of ‘document’
• Statements received electronically included in definition of ‘evidence’
• Added more standards for considering electronic, digital records as primary evidence laying emphasis on its proper custody, storage, transmission, and broadcast
• Added more kinds of secondary evidence to include oral, written admissions & evidence of a skilled person to examine documents which cannot be conveniently examined by court
• Established the legal admissibility, validity, and enforceability of electronic or digital record as evidence
• Inclusion of husband/wife as competent witness in criminal proceedings against spouse
• Conviction based on corroborated testimony of accomplice made legal
• Comprehensive certificate for submitting electronic evidence added in schedule

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First published on: 21-12-2023 at 12:45 IST