What’s in today’s article?

• Why in News?
• What is the Code of Criminal Procedure (CrPC)?
• Why was the Bharatiya Nagarik Suraksha Sanhita Bill Introduced?
• Some of the Main Changes Proposed in the CrPC
• Significance of the Bharatiya Nagarik Suraksha Sanhita Bill

 

Why in News?

• Three new bills to revamp India’s criminal laws were introduced in the Lok Sabha by the Union Home Minister with the focus on justice instead of punishment.
• The Indian Evidence Act, Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC) will be replaced by the Bharatiya Sakshya Bill, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Nyaya Sanhita 2023 respectively.

 

What is the Code of Criminal Procedure (CrPC)?

• Enacted in 1973 (came into force on 1 April 1974), CrPC is the main legislation on procedure for administration of substantive criminal law in India.
• It provides -
  • The machinery for the investigation of crime,
  • Apprehension of suspected criminals,
  • Collection of evidence,
  • Determination of guilt or innocence of the accused person and
  • The determination of punishment of the guilty.
• It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
• The Bharatiya Nagarik Suraksha Sanhita Bill 2023 seeks to replace the CrPC.

 

Why was the Bharatiya Nagarik Suraksha Sanhita Bill Introduced?

• Azadi ka Amrit Mahotsav will end on August 15 2023 and the journey of 75 to 100 years of independence will begin from August 16, which will create a great India.
• The Indian PM in his address from the ramparts of the Red Fort on August 15 2022, had kept Panch Pran/ five vows in front of the people of the country, one of them is to end all signs of slavery.
• From 1860 to 2023, the criminal justice system of India continued to be operated on the basis of the laws made by the British Parliament.
• Hence, these three bills introduced in a way fulfil one of the five vows - imbibing the Indian soul to bring a big change in the Indian criminal justice system.

 

Some of the Main Changes Proposed in the CrPC:

• Greater use of technology:
  • Trials, appeal proceedings, recording of depositions including those of public servants and police officers, may be held in electronic mode.
  • The statement of the accused too can be recorded through video-conferencing.
  • Summons, warrants, documents, police reports, statements of evidence can be done in electronic form.
• Communication devices:
  • The Bill adds electronic communication including “communication devices”.
  • On the directions of a court or police officer, a person is required to produce any document/ device that is likely to contain digital evidence for the purpose of an inquiry.
• Use of handcuffs: A police officer may be permitted to use handcuffs while arresting a person if he is a repeat offender who escaped from custody, or has committed an organised crime, terrorist act, offences against the state, etc.
• Specific safeguards:
  • Section 41A of CrPC - which has a prominent safeguard against arrests - will get a new number, Section 35.
  • It has an additional provision: no person can be arrested without prior permission of an officer, not below the rank of a DSP, in cases where the offence is punishable with less than 3 years, or if the person is above 60 years of age.
• Mercy petitions:
  • There is a provision on procedures for the timeframe to file mercy petitions in death sentence cases.
  • After being informed by jail authorities about the disposal of the petition of a convict sentenced to death, he, or his legal heir or relative can submit a mercy petition within 30 days to the Governor.
  • If rejected, the person can petition the President within 60 days. No appeal against the order of the President shall lie in any court.
• Sanction to prosecute:
  • A decision to grant or reject sanction to prosecute a public servant must be reached by the government within 120 days of receiving a request.
  • If the government fails to do so, the sanction will be deemed to have been accorded.
  • No sanction is required in cases including sexual offences, trafficking, etc.
• Arms in procession:
  • Section 144A of the CrPC gives the district magistrate the power to prohibit the carrying of arms in any procession, mass drill or mass training, to preserve the public peace.
  • While the provisions granting powers to the DM remain as they are in Section 144 of the CrPC, the provision to prohibit carrying arms does not find a mention.
  • Samples without arrest: The Bill has provisions for the magistrate to order any person to give samples of his signature, handwriting, voice or finger impressions for the purpose of investigation without being arrested.
• Detention by police: There are provisions for police to detain or remove any person resisting, refusing or ignoring, or disregarding directions given as part of preventive action.
• A trial in absentia: It is prescribed in stringent anti-terror legislation such as the Unlawful Activities (Prevention) Act (UAPA) where an alternative criminal law framework applies.
  • In such laws, the burden of proof is reversed - with the onus on the accused to prove himself not guilty rather than the state carrying the duty to prove guilt against the accused.

 

 

Significance of the Bharatiya Nagarik Suraksha Sanhita Bill:

• It will consolidate and amend the law relating to criminal procedure and calls for specific timelines for time-bound investigations, trials and judgements.
  • It will ensure speedy delivery of justice.
• The draft legislation falls in line with the government’s Digital India initiative.
  • For example, it provides for admissibility of digital or electronic record as evidence, which shall have the same legal validity and enforceability as a paper record.
• The legislation adopts a citizen centric approach for supply of a FIR and informs victims about the progress of the case, including by digital means.
• Summary trial has been proposed for petty offences. A ‘Zero FIR’ can be lodged at any police station and the FIR must be transferred within 15 days to the police station having jurisdiction over the place of crime.

 

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Q1) What is the Digital India initiative?

Digital India is a flagship programme of the Government of India with a vision to transform India into a digitally empowered society and knowledge economy. The programme was launched on July 1, 2015 by the Ministry of Electronics and IT.

 

Q2) Why was the Malimath Committee constituted?

The Malimath Committee was constituted in 2000 to suggest an overhaul of the century-old criminal justice system. The Committee felt that the existing system weighed in favor of the accused and did not adequately focus on justice to the victims of crime.

 

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Source: Key provisions and processes proposed in Bill to replace CrPC | IE

What’s in today’s article?

• Why in News?
• Background
• About Bharatiya Nyaya Sanhita (BNS) Bill, 2023
• Key Highlights of the BNS Bill, 2023

 

Why in News?

• The Central government has introduced three new Bills in the Lok Sabha that propose a complete overhaul of the country’s criminal justice system.
• 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.
• The Bills — Bharatiya Nyaya Sanhita (BNS), 2023, to replace the IPC; Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, for CrPC; and Bharatiya Sakshya (BS) Bill, 2023, for the Indian Evidence Act — were referred to a standing committee.

 

Background

• The Ministry of Home Affairs in 2020 had constituted a committee headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi to review the three codes of criminal law.
• The mandate of the committee was to ‘recommend reforms in the criminal laws of the country in a principled, effective and efficient manner –
  • which ensures the safety and security of the individual, the community and the nation; and
  • which prioritises the constitutional values of justice, dignity and the inherent worth of the individual,’.
• In February the committee submitted its recommendations on the criminal law amendments.

 

About Bharatiya Nyaya Sanhita (BNS) Bill, 2023

• The Indian Penal Code was drafted by the first Law Commission which was chaired by Thomas Babington Macaulay in 1834. The code came into force in January, 1860.
• The Bharatiya Nyaya Sanhita Bill, 2023 will repeal and replace the IPC.
• The BNS Bill proposes several changes in the existing provisions including those related to defamation, offence against women and attempt to commit suicide.
• While the IPC has 511 sections, the BNS Bill contains 356 provisions.

 

Key Highlights of the BNS Bill, 2023

• Sedition –
  • Under the IPC, section 124-A deals with offence of sedition and prescribes sentence of life imprisonment or imprisonment which may extend to three years, to which fine may be added.
  • In the BNS Bill, provision 150 under the chapter pertaining to ‘offences against the State’ talks about acts endangering sovereignty unity and integrity of India.
• Terrorism –
  • For the first time, word terrorism has been defined under the BNS Bill which was not there under the IPC.
  • A terrorist has been defined as one who commits any act in India or a foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order.
• Now, in the BNS Bill, the offence of defamation carries a simple imprisonment of up to two years, or with fine, or with both or with community service.
• Mob Lynching –
  • Notably, for the first time capital punishment has been introduced for the offence of mob lynching apart from the offence being made punishable with 7 years of imprisonment or life imprisonment.
• Sexual exploitation of women on the pretext of marriage, job, promotions or by concealing identity will be considered a crime.
• The new Bill omits the provision for the offence of adultery.
  • This is in line with the Supreme Court’s ruling in 2018 in the case of Joseph Shine v. Union of India, where Section 497 of the IPC, which criminalized adultery, was held to be unconstitutional.
• The new Bill does not include any punishment for ‘unnatural sexual offences against men’.
  • This is in line with the Supreme Court’s unanimous reading down of Section 377 of the IPC as far as it criminalised same-sex relations between consenting adults in Navtej Singh Johar v. Union of India (2018).
• The provision legalising marital rape has however been retained.
  • Exception 2 to Section 63 (which defines the offence of rape) reads–’Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.’
• While the punishment for the offence of murder is covered under section 302 of the IPC, it has been covered under provision 101 of the BNS Bill.
  • The punishment for murder, that is life term or death sentence, remains unchanged.
• Speedy Legal Procedure –
  • According to the proposed Bill, a chargesheet will have to be filed within 90 days, and the court can give permission for another 90 days.
  • Probe will have to be completed in 180 days and sent for trial. After trial, judgment will have to be given in 30 days.

 

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Q1) When was the first Law Commission formed?

The first Law Commission was formed in 1834 as a result of the Charter Act, 1833 under the chairmanship of TB Macaulay. The first commission's recommendations resulted in the codification of the penal code and the Criminal Procedure Code.

 

Q2)  Who is known as the father of Indian Evidence Act, 1872?

The Indian Evidence Act introduced a standard set of law applicable to all Indians. The law is mainly based upon the firm work of Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.

 

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Source: Section 302 is not murder and Section 420 not cheating: Proposed Code | Indian Express

What’s in today’s article?

• Why in news?
• What was the need for new bills?
• Criminal law reforms committee
• Key highlights of the Bharatiya Sakshya Bill, 2023
• News Summary: 3 new Bills introduced in Lok Sabha to replace criminal laws
• Key highlights

 

Why in news?

• The Centre has introduced three new Bills in the Lok Sabha that propose a complete overhaul of the country’s criminal justice system.
• 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 Sanhita, 2023.
  • The CrPC will be replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • The Indian Evidence Act will be replaced by the Bharatiya Sakshya 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
  • The rapid advancement of technology 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.

 

Criminal law reforms committee

• About
  • The Ministry of Home Affairs through a notification dated May 4, 2020, constituted a committee to review the three codes of criminal law.
  • It was headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi.
• Mandate
  • The mandate of the committee was to ‘recommend reforms in the criminal laws of the country in a principled, effective and efficient manner.
• Criticism
  • The committee came under attack for its lack of diversity and the absence of transparency in its functioning.
  • Clarifications were also sought on whether the committee would be functioning independently of the MHA.

 

Key highlights of the Bharatiya Sakshya Bill, 2023

• The Indian Evidence Act will be replaced by Bill which proposes changes to 23 provisions and introduces one new provision. It contains 170 sections in total.
• The Bill permits the admissibility of an electronic or digital record as evidence and will have legal validity as documentary evidence.
• The ambit of what constitutes secondary evidence has also been expanded to include the following:
  • copies made from the original by mechanical processes,
  • copies made from or compared with the original,
  • counterparts of documents as against the parties who did not execute them and
  • oral accounts of the contents of a document given by some person who has himself seen it.

 

News Summary: 3 new Bills introduced in Lok Sabha to replace criminal laws

• Union Home Minister Amit Shah introduced three bills in the Lok Sabha, aimed at reforming India’s criminal justice system.
• These are the Bharatiya Nyaya Sanita Bill, 2023; the Bhartiya Nagrik Suraksha Sanhita Bill, 2023; and the Bharatiya Sakshya Bill, 2023.

 

Key highlights

• Bills referred to a Parliamentary Standing Committee
  • The bills have been referred to a Parliamentary Standing Committee. The committee will go over and discuss the bills, clause by clause.
  • After it has sufficiently deliberated on the Bills, the Committee will deliver a comprehensive report to the government and provide recommendations.
  • While these recommendations are not binding, generally the government tends to look at committee recommendations favourably and incorporates many of them.
• Discussion in the Parliament
  • After the committee sends in its recommendation, the government will decide whether to incorporate them, and which specific recommendations to incorporate.
  • If there are not many recommendations to be incorporated, the government simply introduces changes to original bills through amendments.
  • If a significant portion of an original bill is being changed, the government might withdraw the bill and introduce a new, modified bill.
  • After the bills, in their final form, are back in the Lok Sabha, they will be up for debate.
  • The government will need to muster a simple majority in order to pass the bills.
  • After the Lok Sabha, the bills will go to the Rajya Sabha where they will again be debated and put to a vote.

 

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Q1) What is the Indian Evidence Act, 1872?

The Indian Evidence Act, 1872 is a piece of legislation that governs the rules and regulations related to the admissibility, relevancy, and credibility of evidence in Indian courts. It outlines the procedures and guidelines for presenting evidence in both civil and criminal cases in the Indian legal system. The Act aims to ensure fairness, transparency, and consistency in the judicial process by establishing standards for the types of evidence that can be considered by the courts and how they should be presented and evaluated.

 

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.

 

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Source: Home Minister Shah tables bills that will overhaul India’s criminal justice system: What happens next? | PRS India | The Hindu

What’s in today’s article?

• Why in news?
• News Summary: The inter-services organisation bill
• Key provisions of the Inter-services Organisations (Command, Control and Discipline) Bill, 2023
• What will change with the enactment of the bill?
• Is this bill a precursor to theaterisation?

 

Why in news?

• The Rajya Sabha has passed the Inter-Services Organisation (Command, Control & Discipline) Bill – 2023. It was passed by the Lok Sabha on August 4.
• The bill empowers the commander-in-chief and the officer-in-command of inter-services organisations with disciplinary and administrative powers over personnel from the other services serving in them.

 

News Summary: The inter-services organisation bill

Key provisions of the Inter-services Organisations (Command, Control and Discipline) Bill, 2023

• Applicability
  • It is applicable to all personnel of regular Army, Navy and Air force, and to persons of other forces as notified by the Central Government, who are serving in or attached to an Inter-Services Organisation.
• Empowers Commander-in-Chief of Inter-Services Organisations
  • The bill seeks to empower Commander-in-Chief and Officer-in Command of Inter-Services Organisations with all disciplinary and administrative powers.
  • This is to enable them to take decisions related to personnel serving in or attached to such organisations.
    • At present, all Army, Navy and IAF personnel are governed by their service-specific acts.
    • The service personnel serving in or attached to an Inter-Services Organisation will continue to be governed by their respective Service Acts.
    • However, this bill will empower heads of Inter-Services Organisations to exercise all the disciplinary and administrative powers as per the existing service acts, and related rules and regulations, irrespective of the service they belong to.
• Empowers the central government to constitute an Inter-Services Organisation
  • The bill also empowers the central government to constitute an Inter-Services Organisation.
  • This paves the way for the creation of integrated theatre commands — a major military reform on cards.
  • The bill will aid better coordination among the defence forces, and bring about better jointness and integration within the military.
  • This is significant against the backdrop of new challenges involved in modern warfare which is more technology and network-centric.
• The bill is an Enabling Act
  • The bill is essentially an Enabling Act and it does not propose any change in the existing Service Acts/Rules/Regulations.
  • Service personnel when serving in or attached to an Inter-Services Organisation will continue to be governed by their respective Service Acts.

 

What will change with the enactment of the bill?

• The heads of the existing inter-services organisations presently do not have these powers.
  • The inter-services organisations include the Strategic Forces Command, the Andaman and Nicobar Command and joint training establishments such as the National Defence College, among others.
• Hence, any disciplinary or administrative action against personnel attached to these organisations have to be referred to their respective services.
• The enactment of the Bill will ensure maintenance of effective discipline in inter-services establishments by their heads.
• There will be no requirement of referring personnel undergoing disciplinary proceedings to their parent services.
• It will also lead to faster disposal of cases of misdemeanour or indiscipline.

 

Is this bill a precursor to theaterisation?

• Theaterisation is a concept which seeks to integrate the capabilities of the three services - army, air force and navy – in order to optimally utilise their resources for wars and operations.
• A theatre command/unit will be created by integrating elements/assets from all the three services.
• Currently, the plans are to establish three theatre commands—one facing Pakistan, one facing China, and a maritime theatre command, largely taking care of the peninsular India.
• With the Indian Armed Forces drawing up the finer details of the integrated theatre commands, this bill can be considered one of the several steps paving the way for their establishment.
• As per the defence minister, if theaterisation happens, this Act, through a normal notification, would be effective on theatre commands too.

 

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Q1) What is Strategic Forces Command?

The Strategic Forces Command (SFC) is a specialized military command in India responsible for the management and operational control of the country's strategic nuclear forces. It was established to handle India's nuclear weapons and their delivery systems, including ballistic missiles and other means of nuclear deterrence. The creation of the Strategic Forces Command was a significant step in India's defense policy, aimed at ensuring the credibility and effectiveness of its nuclear deterrence capability.

 

Q2) What is the Andaman and Nicobar Command ?

The Andaman and Nicobar Command (ANC) is a tri-service military command of the Indian Armed Forces that is responsible for the defense and security of the Andaman and Nicobar Islands, a group of islands located in the Bay of Bengal. The ANC was established to ensure the sovereignty and territorial integrity of these islands, as well as to enhance India's military presence and capabilities in the strategic maritime region.

 

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Source: The inter-services organisation bill and how it paves the way for establishment of theatre commands | PIB | Economic Times | Times of India