Lok Sabha passes Bills to replace British-era criminal laws

Source: The post is based on the article “Lok Sabha passes Bills to replace British-era criminal laws” published in “The Hindu” on 21sxt December 2023

Why in the News?

Lok Sabha has passed 3 bills to replace British-era criminal laws. These includes Bharatiya Nyaya Sanhita Bill (BNS), Bharatiya Sakshya Bill (BS) and the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS).

What is Bharatiya Nyaya Sanhita Bill (BNS)?

Replaces: Indian Penal Code, 1860

Key Provisions of the bill:

1) The Bill retains most offences from the IPC. It adds community service as a form of punishment.

2) Sedition is no longer an offence.  Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India. 

3) The bill, for the first time, defines terrorism and adds it as a separate offence in general criminal law.  It is defined as an act that intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people.

4) For the first time, capital punishment has been introduced for the offence of mob lynching

What is Bharatiya Sakshya Bill (BS)?

Replaces: Indian Evidence Act, 1872

Key Provisions of the bill:

1)  Indian Evidence Act (IEA), 1872 provides for two kinds of evidence – documentary and oral.  Documentary evidence includes primary (original documents) and secondary (that proves the contents of the original). The Bill retains this distinction.

2) The bill classifies electronic records as primary evidence. It expands such records to include information stored in semiconductor memory or any communication devices (smartphones, laptops).

3) The bill expands secondary evidence to include: (i) oral and written admissions, and (ii) the testimony of a person who has examined the document and is skilled in the examination of documents.

What is Bharatiya Nagarik Suraksha Sanhita Bill (BNSS)?

Replaces: Criminal Procedure Code, 1973 (CrPC)

Key Provisions of the bill:

1) The bill mandates forensic investigation for offences punishable with seven years of imprisonment or more.

2) All trials, inquiries and proceedings may be held in electronic mode.  Production of electronic communication devices, likely to contain digital evidence will be allowed for investigation, inquiry, or trial.

3) If a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, the trial can be conducted and judgment pronounced in his absence. 

4) The bill permits police custody of up to 90 days as against the 15-day custody allowed till now.

UPSC Syllabus: Bills in News