Yesterday Lok Sabha passed three Criminal Law Bills. The Bhartiya Nyaya (Second) Sanhita 2023 (BNS) which replaces the Indian Penal Code 1860; The Bhartiya Nagarik Suraksha (Second) Sanhita 2023 (BNSS) which replaces the Code of Criminal Procedure 1973; and The Bhartiya Sakshhya (Second) Bill 2023 (BSB) which replaces Indian Evidence Act 1872.
The Home Minister Amit Shah tabled the Bill which was later passed by voice vote. Here are certain Highlights of these Bills:
- ‘Terrorist Act’ is defined as a separate offence under the BNS which includes acts which attack India’s unity, integrity, sovereignty, security, economic security, or spread terror among any group.
- The offence of ‘Sedition’ was omitted. The BNS penalizes acts endangering the unity and integrity of India. While sedition criminalized acts against the government, the BNS replaced the government with the country. ‘Rajdroh’ has been changed as ‘Deshdroh’. Citizens have the right to speak against the government and it should be protected. But acts against the nation can not be tolerated.
- ‘Mob Lynching’ has been made a separate offence under the BNS, with a maximum punishment of the death penalty.
- For several minor offences, ‘Community Service’ has been made an option of punishment instead of imprisonment.
- Provisions are made to ensure compulsory collection of forensic evidence in the investigation which will strengthen the prosecution.
- Audio-video recording of the statement of the victim of a sexual violence case made mandatory.
- There will be an independent Director of Prosecution in every district to decide whether appeals should be filed, independent of the recommendations of the police or prosecution.
- Provisions introduced to fix the accountability of police.
- Provisions introduced to ensure victim-centric justice.
- Provisions made for Zero FIR registration. Victims can approach any police station, not necessarily the jurisdictional police station. The FIR will be transferred to the jurisdictional police station within 24 hours.
- Courts can not allow the State to withdraw a case without hearing the victims.
- Serving copies of the Police report on the victim was made compulsory. Victims are to be informed of the progress of the investigation within 90 days.
- All inquiries and trials can be conducted in the electronic mode.
- Separate provisions to deal with offences against the human body, offences against women and children. In case of rape of a girl under 18 years, life imprisonment and death penalty can be given. In gang rape, 20 years or imprisonment for the rest of life. Consensual sex with a wife aged above 15 was not an offence as per the IPC, the age limit is now increased to 18 years.
- For ‘Hit and Run’, the punishment is up to 10 years imprisonment. But if after the accident, the offender takes the victim to the hospital, or police lesser punishment will be given.
- Provision will be brought to exempt doctors from the offence of death by negligence. This is following a request by the Indian Medical Association.
- Snatching has been a separate offence.
- For the offence of grievous hurt, a separate provision is made to deal with cases where the victim becomes brain dead to prescribe a more stringent punishment of up to 10 years.
Provisions relating to FIR, chargesheet, trial.
- CrPC did not prescribe any time limit for FIR. The BNSS prescribes compulsory time frames. FIR has to be registered within 3 days of making a complaint in cases of lesser offences. For offences with imprisonment between 3 and 7 years, within 14 days of preliminary investigation has to be completed and FIR should be registered on that basis.
- Further investigation has to be completed within 90 days of filing the first charge sheet. Leave of the Court needed to continue further investigation beyond this period.
- The magistrate has to decide on taking cognizance of the chargesheet within 14 days.
- A time limit is introduced for sending the medical reports of victims of sexual violence cases.
- Timeline prescribed for filing discharge applications, framing of charges, and deciding discharge petitions.
- Trial in absentia. If the accused does not appear before the court within 90 days, the trial can be carried out in absentia.
- For first-time offenders, if undertrial detention for/3rd period of the sentence then can be released, in other cases ½ period.
- Judgment has to be delivered within 45 days after the conclusion of the hearing.
- Only a convict can file a mercy petition against the death penalty. NGOs or third parties can not file mercy petitions. Mercy petition has to be filed within 30 days after the Supreme Court on appeal.
- e FIR- Provisions introduced for electronic registration of FIR. This will particularly benefit women, who might be hesitant to approach police stations to report sexual violence.
- Video recording is made compulsory during search procedures.
- Visit of Forensic Science Lab team made compulsory at crime scenes. Forensic evidence will ensure conviction rates will increase.
- Summary Trials- Earlier, summary trials were possible only for offences punishable up to 2 years. Now it has been increased to 3 years.
- If no decision is taken on sanction for the prosecution of civil servants within 120 days, it will be presumed sanction has been granted.
- Provisions made for the seizure of property of fugitive offenders. Earlier, in only 19 offences, the accused could be declared a fugitive. Now, it has been increased to 120 offences.
- Provisions are introduced to sell material objects and vehicles seized in crimes, with the permission of the court, within 30 days, after taking video-photographic evidence. This will lessen the burden of police stations across the country where crime properties are left undisposed for decades.
- Smartphones, laptops, messages, websites, and locational evidence are included in the definition of proof.
- The hierarchy of criminal courts is made uniform across the country. Classification of metropolitan areas and Metropolitan Magistrate removed.
- The provision has been made allowing police custody beyond the first 15 days of the arrest. The provision is introduced to allow flexibility so that police can seek custody in different spells over 40 or 60 days as the case may be. This provision will also address situations where high-profile accused feign illness to get themselves admitted to hospitals during the first fifteen days to defeat police custody.
In my opinion, all these changes were long overdue, hope this will transform the judicial and police systems in the country.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
21st December 2023.