Time to repeal British Era Laws

Hon'ble Union Home Minister Shri Amit Shah during Monsoon Session of Parliament introduced 3 new bills for repeal and replace of British Era Laws.

He introduced the Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and Bharatiya Sakshya Bill, 2023 that will replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively and said the changes were done to provide speedy justice and creating a legal system that keeps contemporary needs and aspirations of the people. He requested that the bills be sent to the parliamentary standing committee on home affairs.

As many as 313 changes have been proposed in the three criminal laws and the objective is to ensure that people who approach the courts get justice within three years

"The laws that are being replaced were essentially aimed at safeguarding the continuation of the British administration and their objective was to punish, not deliver justice" - Hon'ble Union Home Minister

Bharatiya Nyay Sanhita Bill, 2023

The?Bharatiya Nyay Sanhita Bill, 2023, which will replace the?IPC, 1860 have following proposed changes:

1. The bill?defines?terrorism?and offenses such as?separatism,?armed rebellion?against the government,?challenging the sovereignty of the country, which were earlier mentioned under different provisions of law.
2. It?repeals the offense of?sedition, which was widely criticized as a colonial relic that curbed free speech and dissent.

"The Bill for the first time defines terrorism and offences such as separatism, armed rebellion against the government, challenging the sovereignty of the country which were earlier mentioned under different provisions of law" - Hon'ble Union Home Minister

1. It prescribes?capital punishment?as the maximum sentence for mob lynching, which has been a menace in recent years.
2. It proposes?10 years imprisonment for sexual intercourse with women on false promise of marriage, which is a common form of deception and exploitation.
3. Punishment for all types of Gang Rape is proposed to be of 20 yrs or life imprisonment.
4. Punishment for Rape of minor is proposed to be death penalty.
5. The bill introduces?community service as a form of punishment for specific crimes, which can help in reforming offenders and reducing overcrowding in prisons.
6. The bill fixes a?maximum limit of 180 days to file a?charge sheet,?which can speed up the trial process and prevent indefinite delays.

"The maximum limit of 180-days has been fixed to file a chargesheet. The police cannot take an indefinite plea that investigation is on. Police will get 90 days to file chargesheet, another 90 days can be granted by court, but it cannot exceed that" - Hon'ble Union Home Minister

Bharatiya Nagarik Suraksha Sanhita Bill, 2023

The?Bharatiya Nagarik Suraksha Sanhita Bill, 2023, which will replace the?CrPC, 1898 have following proposed changes:

1. It promotes the use of technology for trials, appeals, and recording depositions, allowing video-conferencing for proceedings.
2. The bill makes video-recording of statement of survivors of sexual violence compulsory, which can help in preserving evidence and preventing coercion or manipulation.
3. The bill mandates that police must inform about the status of a complaint in 90 days, which can enhance accountability and transparency.
4. Section 41A of the CrPC will be renumbered as Section 35. This change includes an added safeguard, stipulating that no arrest can be made without prior approval from an officer at least at the rank of Deputy Superintendent of Police (DSP), especially for offenses punishable by less than 3 years or for individuals above 60 years.
5. The bill requires that police consult the victim before withdrawing a case punishable by seven years or more, which can ensure that justice is not compromised or denied.
6. It allows absconding criminals to be tried in-absentia by court and sentenced too, which can deter fugitives from escaping justice.
7. It empowers magistrates to take cognizance of offenses based on electronic records such as emails, SMSs, WhatsApp messages etc., which can facilitate evidence collection and verification.
8. Mercy petitions in death sentence cases to be filed within 30 days to the Governor and within 60 days to the President. No appeal shall lie against the President's decision in any court.
9. Forensic Teams to mandatorily visit crime scenes for offences involving punishment more than 7 years.
10. Courts to finish framing of charges within 60 days of receiving charge sheet
11. Formal provision for 'Zero FIR' will enable citizens to lodge an FIR with any police station, irrespective of their jurisdiction and Zero FIR must be sent over to the concerned Police Station having jurisdiction in the alleged crime within 15 days after registration

Bharatiya Sakshya Bill, 2023

The?Bharatiya Sakshya Bill, 2023, which will replace the?The Indian Evidence Act, 1872 have following proposed changes:

1. The bill defines electronic evidence as any information generated or transmitted by any device or system that is capable of being stored or retrieved by any means.
2. It lays down specific criteria for admissibility of electronic evidence such as authenticity, integrity, reliability etc., which can prevent misuse or tampering of digital data.
3. It provides for special provisions for admissibility of DNA evidence such as consent, chain of custody etc., which can enhance accuracy and reliability of biological evidence.
4. It recognises expert opinion as a form of evidence such as medical opinion, handwriting analysis etc., which can assist in establishing facts or circumstances relevant to a case.
5. It introduces the presumption of innocence as a fundamental principle of criminal justice system, which means that every person accused of an offence is presumed to be innocent until proven guilty beyond reasonable doubt.
6. Videography of search and seizure is being made compulsory and a chargesheet won’t be accepted without it.

"It is often seen that retired police officers are called by courts to record evidence, we have decided that the SP (Superintendent of Police) presently holding charge will present facts before the court after going through files. This is a revolutionary change, such cases were delaying trial as the officer concerned was busy in a field visit" - Hon'ble Union Home Minister

It is a paradigm shift to ensure speedy justice, integrity of evidence for higher conviction and lower pendency.

The step is taken towards achieving government's mantra "Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas" and strives to ensure speedy justice to all citizens in conformity with these constitutional aspirations

As these Bills continue to garner feedback from the public, legal professionals, and lawmakers, it remains to be seen how these transformative changes will shape the future of India’s legal landscape ...