Union Home Minister Amit Shah said in the Lok Sabha on Wednesday that after the implementation of the three new criminal Bills there would be a uniform justice system throughout the country.
He said the proposed laws were victim-centred and fixed the accountability of the police. He said an independent Director of Prosecution would be appointed at the district and State levels, where the role of the police would only be advisory.
The Lok Sabha on Wednesday passed the Bharatiya Nyaya (Second) Sanhita Bill (BNSS), 2023; the Bharatiya Sakshya (Second) Bill (BSS), 2023; and the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSSS) Bill, 2023. They will replace the Indian Penal Code, 1860; the Indian Evidence Act, 1872; and the Code of Criminal Procedure, 1898; respectively.
Key changes
The Bharatiya Nagarik Suraksha (Second) Sanhita, which replaces the CrPC, prescribes a time-limit for the initiation of criminal proceedings, arrest, investigation, filing of chargesheet, and proceedings before the magistrate, which is aimed at speedy delivery of justice and a high conviction rate. Time-bound procedure has been added in 35 clauses of the law, Mr. Shah said.
The first information report (FIR) has to be registered within three days after receiving a complaint and in cases with seven to 14 years of imprisonment, preliminary inquiry will have to be done within 14 days. The search and seizure report will have to be sent to court within 24 hours.
“Earlier, there was no time limit for medical examination of rape victims, now the medical report will be submitted to court within seven days,” Mr. Shah said.
The Minister said that chargesheets would have to be filed within 90 days and magistrates would have to take cognisance within 14 days and the framing of charges should be done within 60 days from the date of first hearing.
“Trial in absentia has been introduced for the first time. In many cases, such as the (1993) Bombay blast, accused are hiding in Pakistan. If they do not appear before the court for 90 days, the trial will be done in their absence. This will also expedite their deportation,” Mr. Shah said.
The Bill has a provision that the promulgation of judgment should not exceed 45 days after the conclusion of trial in any criminal court.
It offers a transformative approach in reporting crimes through e-FIR, a move that will particularly benefit women, Mr. Shah said, adding that it would help in prompt reporting of sensitive crimes.
The new Bill also allow registration of e-FIR for cognisable offenses where the accused is unknown.
He said on the judicial front, emphasis was being laid on two things — expediting trials and curbing unreasonable adjournments.
Mr. Shah said the rights of both the victim and the accused would be protected. “Right from case diary, FIR, chargesheet and judgments, everything would be digitised. Audio-video recording of evidence, search and seizure has been made compulsory. The search and seizure should be presented in court within 24 hours,” Mr. Shah said.
The audio-video provision has been added in 35 places.
He said forensic evidence collection at the crime scene by an expert has been made mandatory in all crimes punishable with seven years of imprisonment or more.
Mr. Shah said crimes against women and children have been given priority.
“The Bill proposes changes in the provisions related to rape of women below 18 years of age, made punishable by life imprisonment or death. It makes gang rape of minor women consistent with POCSO. It proposes 20 years imprisonment or life imprisonment in all cases of gang rape. A new crime category of gang rape of a woman under 18 years of age has been added,” he said.
The Bill ensures targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true intention to marry.
Organised crime has been defined for the first time. “Economic offence has also been defined which includes tampering with currency notes, bank notes and government stamps, running any scheme or embezzlement in any bank/financial institution. If the organised crime has led to the death of a person, the accused may be sentenced to death or life imprisonment,” he said.
Summary trial has been made mandatory for offences such as theft, receiving or possessing stolen property, unauthorised entry into house, disturbing peace, criminal intimidation, and so on.
If a person is a first-time offender and has served “one-third of the imprisonment”, he would be released on bail by the court, Mr. Shah said.
“Where the under-trial prisoner has completed ‘half or one-third of the term’, the Jail Superintendent should immediately apply in writing to the court. Premature release will not be available to an under-trial sentenced to life imprisonment or death sentence,” he said.
The Minister stated that State governments will prepare and notify an Evidence Protection Scheme for the State.
He said that in cases where the punishment is 10 years or more or life imprisonment or death penalty, the convict can be declared a proclaimed offender. “A new provision has been made for attachment and confiscation of assets outside India, in cases of declared criminals. Earlier, proclaimed offender could be declared only in 19 crimes, now 120 crimes have been brought under its ambit, including rape which was not previously included,” he said.
The Bharatiya Sakshya (Second) adds more standards to treat electronic and digital records as primary evidence, emphasising its proper custody-storage-transmission-broadcast.
20 new crimes
The Bharatiya Nyaya (Second) Sanhita has 358 Sections, instead of 511 Sections in the IPC. As many as 20 new crimes have been added and imprisonment has been increased in 33 crimes. The amount of fine has been increased in 83 crimes and mandatory minimum punishment has been introduced in 23 crimes. The penalty of community service has been introduced in six crimes. Nineteen Sections have been repealed.
The Bharatiya Nagarik Suraksha (Second) Sanhita has 531 clauses, in place of 484 clauses in the CrPC. A total of 177 provisions have changed, nine new clauses and 39 new sub-clauses have been added, and 44 new provisions and clarifications have been added. Fourteen clauses have been repealed.
The Bharatiya Sakshya (Second) has 170 Sections, instead of 167 Sections in the Indian Evidence Act. A total of 24 Sections has been changed. Two new Sections and six sub-sections have been added and six Sections repealed.
