Break from colonial past: Highlights of India’s new criminal justice bills

New Delhi: The Rajya Sabha on Thursday passed the three criminal bills–the Bharatiya Nyaya (Second) Sanhita, 2023; the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and the Bharatiya Sakshya (Second) Bill, 2023–replacing the IPC, the CrPC and the Evidence Act. The bills were earlier passed by the Lok Sabha.

Bharatiya Nyaya Sanhita will have 358 sections (instead of 511 sections in the IPC). A total of 20 new crimes have been added to the bill, and the imprisonment sentence has been increased for 33 of them. The amount of the 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 The penalty of community service has been introduced for six crimes and 19 sections have been repealed or removed from the bill.

Highlights of Bhartiya Nyay Sanhita are following-

Crimes against women and children

*The Bharatiya Nyaya Sanhita has introduced a new chapter titled ‘Crimes against women and children’ to deal with sexual crimes.

* This bill is proposing changes in the provisions related to rape of women below 18 years of age.

* Provision related to gang rape of a minor women to become consistent with POCSO.

* In the case of girls below 18 years of age, a provision has been made for life imprisonment or death penalty.

*Provision of 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.

*Provides for targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true intention to marry.

Terrorism

* Terrorism has been defined for the first time in the Bharatiya Nyaya Sanhita.

* It has been made a punishable offence.

* Explanation: Bharatiya Nyaya Sanhita 113. (1)

“Whoever, with intent to endanger or is likely to endanger the unity, integrity, sovereignty, security or economic security or sovereignty of India or to cause or spread terror among the public or any section of the public in India or in any foreign country, commits any act using bombs, dynamite, explosive substances, poisonous gases, nuclear with intent to cause death to any person or persons, damage to property, or manufacture or smuggling of currency or So he commits terrorist acts.”

* Terrorist acts are punishable with death penalty or life imprisonment without parole.

*A range of terrorist offenses have also been introduced.

*It is a crime to destroy public facilities or private property.

*Acts which cause ‘widespread loss by reason of damage or destruction of critical infrastructure’ are also covered under this section.

Organised Crime

*A new criminal section related to organized crime has been added.

*Organised crime has been defined for the first time in Bharatiya Nyaya Sanhita 111. (1)

*Illegal activity done by syndicates has been made punishable.

* The new provisions include armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty, unity and integrity of India.

* Small organised crimes have also been criminalised, punishable with imprisonment of up to 7 years. The provisions related to this are in Section 112.

* Economic offences are also defined as: acts such as tampering with currency notes, bank notes and government stamps, running any scheme or embezzlement in any bank or financial institution.

* In organised crime, if a person is killed, the accused can be sentenced to death or life imprisonment.

*A fine will also be imposed, which will not be less than Rs 10 lakh.

* Provision for punishment has also been made for those who help in organized crime.

Other important provisions

*New provision on mob lynching: A new provision on crime related to murder committed based on race, caste, community, etc. has been included, for which a provision of life imprisonment or death penalty has been made.

* A new provision related to snatching also.

* There will now be more severe penalties for serious injuries that result in near-disability or permanent disability.

Victim-centric

* Victim-centric reforms in the criminal justice system have 3 key features:

1. Right to Participation (Opportunity for the victim to express his views, BNSS 360)

2. Right to Information (BNSS Section 173, 193 and 230)

3. Right to compensation for loss

And all these three features have been ensured in the new laws.

* The practice of filing zero FIR has been institutionalised (BNSS 173)
FIR can be lodged anywhere, irrespective of the area in which the crime took place.

* Victim’s right to information

– Victim has the right to get a copy of the FIR free of cost.

– Informing the victim about the progress in the investigation within 90 days.

– Provides victims with an important right to information about the details of their case through mandatory provision of police reports, FIRs, witness statements, etc.

– Provisions have been included to provide information to victims at various stages of investigation and trial.

Treason

*Sedition – Sedition has been completely removed.

* Crime under Bharatiya Nyaya Sanhita section 152.

* To encourage the sentiments of separatist activities.

* Threatens the sovereignty or unity and integrity of India.

* IPC Section 124A talks about “against the Government”, but Bharatiya Nyaya Sanhita Section 152 talks about “sovereignty or unity and integrity of India”.

* There was no mention of ‘intent or purpose’ in the IPC, but in the new law there is mention of ‘intent’ in the definition of treason, which provides safeguards for freedom of expression.

* Now words like hatred and contempt have been removed and words like ‘armed rebellion, destructive activities, and separatist activities’ have been included.

Bharatiya Nagrik Suraksha Sanhita will have 531 sections (in place of 484 sections of CrPC). A total of 177 provisions have been changed in the bill, and nine new sections as well as 39 new sub-sections have been added to it. The draft act has added 44 new provisions and clarifications.

Timelines have been added to 35 sections and audio-video provision has been added at 35 places. A total of 14 sections have been repealed and removed from the bill.

Bharatiya Sakshya Adhiniyam will have 170 provisions (instead of the original 167 provisions), and a total of 24 provisions have been changed. Two new provisions and six sub-provisions have been added and six provisions have been repealed or deleted from the bill.

The recent criminal justice reform in India marks a significant shift in priorities, placing crimes against women, children, and the nation at the forefront. This stands in stark contrast to colonial-era laws, where concerns like treason and treasury offences outweighed the needs of ordinary citizens.