Lok Sabha passes three bills to overhaul criminal justice system

What’s in today’s article?

• Why in news?
• What was the need for new bills?
• News Summary: Lok Sabha passes three bills to overhaul criminal justice system
• Background: Lok Sabha passes three bills to overhaul criminal justice system
• Bharatiya Nyaya (Second) Sanhita Bill [BNS II Bill]

Why in news?

• Lok Sabha has passed by voice vote the three Bills that aim to overhaul the country’s criminal justice system by replacing colonial-era laws.
• The three Bills are set to replace the Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872.
  • IPC is set to be replaced by the Bharatiya Nyaya (second) Sanhita, 2023.
  • CrPC will be replaced by Bharatiya Nagarik (second) Suraksha Sanhita, 2023.
  • Indian Evidence Act will be replaced by Bharatiya Sakshya(second) Bill, 2023.

What was the need for new bills?

• Colonial legacy
  • From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British.
  • The laws were drafted during colonial times and contain archaic language and concepts that might not accurately reflect current social norms, values.
• Advances in Technology
  • This has introduced new dimensions to crime, evidence, and investigation.
• Simplification and Streamlining
  • The laws have become complex over time, leading to confusion among legal practitioners, law enforcement agencies, and the general public.
  • Simplifying and streamlining the legal framework can enhance transparency and understanding.
• Evidence Collection and Presentation
  • The Indian Evidence Act was enacted before the advent of modern forensic science and technological tools.
• Various reports highlighted the need for reforms in criminal laws
  • The department-related Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country.
  • It was also pointed out that the Parliamentary Standing Committee in its 111th and 128th reports had also highlighted the need for reforms in criminal laws.

News Summary

Background

• Bill introduced in Parliament in August 2023
  • In August 2023, the Union government tabled three new Bills in the Parliament to overhaul the criminal justice system of the country.
  • The three Bills were: the Bharatiya Nyaya Sanhita Bill, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS), and the Bharatiya Sakshya Bill, 2023 (BSB).
• Bills referred to the Parliamentary Standing Committee
  • The three Bills were referred to the Parliamentary Standing Committee on Home Affairs for review and recommendations.
  • After three months of deliberation, the committee released three reports on the BNS, the BNSS and the BSB recommending changes.
• Dissents of the opposition members of the Standing Committee
  • One of the major dissents of the opposition members of the committee was related to the naming of the three Bills in Hindi.
  • They alleged that the vernacular title of the Bills violated Article 348 (language to be used in the Supreme Court and in the high courts and for Acts, Bills, etc.).
    • The Article states that the official language for the courts and Bills would be English.
  • However, the parliamentary committee approved the Hindi titles of the three Bills.
• Introduction of revised version of the bill
  • Pursuant to the recommendations, the three Bills were withdrawn from the Parliament on December 12.
  • Soon after, revised versions of the three Bills were introduced.

Bharatiya Nyaya (Second) Sanhita Bill [BNS II Bill]

• Under the BNS II, key changes have been made for offences such as criminal conspiracy, mob lynching, death by negligence, organised crimes and terrorist acts.
• Different phrases used for defining life imprisonment
  • Under the BNS, life imprisonment was defined as “imprisonment for life, that is to say, imprisonment for the remainder of a person’s natural life”.
  • BNS II continues to use both phrases.
• Terrorist acts
  • BNS II has removed vaguely used words such as “intimidating the public or disturbing public order”.
  • The words “acts which destabilise or destroy the political, economic or social structures of the country, or create a public emergency or undermine public safety” were also removed.
  • BNS II has introduced some of the innovative terrorist acts such as:
    • acts committed to damage or destroy “critical infrastructure”
    • damage to the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material;
    • use of criminal force against any public functionary.
  • Under BNS, the mere possession of a property derived or obtained from the commission of a terrorist act was punishable. Now, in BNS II, it is only punishable if the property is derived or obtained ‘knowingly’.
  • Also, the harbouring or concealing of a person who has committed a terrorist act is punishable only when it is done “knowingly” or “voluntarily”.
• Criminal conspiracy with common intention
  • Clause 61 in the BNS made criminal conspiracy punishable in addition to the offence of conspiracy punishable in Clause 111 of the BNS.
  • The BNS II has been modified this clause (clause 61) to include conspiracy committed with “common intention”.
• Minimum punishment for mob lynching
  • The BNS, introduced punishment for a sub-category of murder, which is defined as murder by mob-lynching. It prescribed a minimum punishment of seven years of imprisonment and a fine.
  • The BNS II has deleted the minimum punishment of seven years.
  • Now, murder by a group of five or more persons on grounds of certain identity markers such as caste, language or personal belief will be an offence with penalty life imprisonment or death, and with a fine.
• Organised crimes added as an offence
  • It includes crimes such as kidnapping, extortion and cyber-crime committed on behalf of a crime syndicate.
  • Petty organised crime is also an offence now.
• Sedition is no longer an offence
  • Under BNS II, Sedition is no longer an offence. Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India.
• Community service
  • The revised bills define "community service" more explicitly.
    • Though the earlier draft of the bill had proposed community service as a form of punishment, what would be included in community service was not defined.
  • The revised bill defines community service as any court-ordered work that benefits the community, serving as a form of punishment for offenders.
• Rulings of the Supreme Court
  • The BNS II conforms to some decisions of the Supreme Court.
  • These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict.
• Sexual offences against women
  • The IPC criminalises acts such as rape, voyeurism, stalking and insulting the modesty of a woman. The BNS II retains these provisions. 
  • It increases the threshold for the victim to be classified as a major, in the case of gangrape, from 16 to 18 years of age.
  • It also criminalises sexual intercourse with a woman by deceitful means or making false promises.

Q1) What is Indian Penal Code (IPC), 1860?

The Indian Penal Code (IPC) is the main criminal code of India. It was drafted in 1860 and came into effect on January 1, 1862. The IPC is a comprehensive code that covers all aspects of criminal law. It defines crimes and provides punishments for almost all kinds of criminal and actionable wrongs.

Q2) What do you mean by the criminal justice system?

The criminal justice system refers to the complex network of institutions, laws, procedures, and processes that are designed to maintain social order, prevent and control crime, and ensure that individuals who commit criminal offenses are held accountable for their actions. It encompasses various stages from the investigation and arrest of a suspect to their trial and potential punishment if found guilty. The primary goals of the criminal justice system include upholding the rule of law, protecting the rights of individuals, and maintaining public safety.

Source: Terrorism redefined, mob lynching punishment revised: What new criminal laws say | PRS | News Click