Revamping the criminal justice system to fit the bill

Source: The post is based on the article “Revamping the criminal justice system to fit the bill” published in “The Hindu” on 11th November 2023.

Syllabus: GS2- Polity- Functions and responsibilities of the Union and the States.

News: The article discusses three new Indian Bills that aim to modernize the country’s criminal justice system by replacing existing laws. These Bills focus on updating legal provisions and ensuring they align with modern practices and norms.

What is the core criminal justice system in India?

The core criminal justice system in India is currently based on three main laws: the Indian Penal Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act (IEA), 1872. These laws form the foundation of how crimes are defined, prosecuted, and tried in India.

To modernize this system, the government has introduced three new Bills. The Bharatiya Nyaya Sanhita Bill is set to replace the IPC; the Bharatiya Nagarik Suraksha Sanhita Bill will take the place of the CrPC; and the Bharatiya Sakshya Bill is aimed at replacing the IEA.

What is the need of modernizing the criminal justice system in India?

Modernizing Jurisprudence: The replacement of India’s criminal justice system signifies an update to modern legal standards. For example, the Bills introduce community service as a punishment, reflecting a shift towards a more reformative approach.

Aligning with Supreme Court Rulings: The new legislation aligns with key Supreme Court decisions, such as the decriminalization of adultery and same-sex relations, ensuring the legal system is consistent with contemporary judicial interpretations.

Addressing Overlaps with Special Laws: The replacement helps eliminate inconsistencies and duplications with specific laws. An example is the removal of IPC provisions on weights and measures, avoiding overlap with the Legal Metrology Act, 2009.

Updating Definitions and Illustrations: The Bills update terms like ‘unsound mind’ to ‘mental illness’, aligning with modern medical understanding as per the Mental Healthcare Act, 2017. However, they still retain some outdated illustrations, indicating a need for further modernization.

Ensuring Fairness and Efficiency: Parliament aims to create a criminal justice system that is fair, just, and efficient, catering to the needs of a modern society.

What are the challenges in replacing the criminal justice system in India?

Balancing Civil and Criminal Laws: The challenge is to appropriately differentiate and integrate civil law aspects within the criminal justice system. Criminal law typically addresses offenses against society or the state, while civil law focuses on individual losses. But CrPC also covers post-divorce maintenance for spouses and children.

Reformative vs Punitive Approach: The Bills introduce community service as punishment but retain trials for non-compoundable minor offences (such as keeping an unauthorized lottery office, which carries a maximum penalty of six months imprisonment), indicating a struggle to balance reformative and punitive elements.

Consistency in Sentencing: Providing consistent sentencing, especially when the range is wide (like the up to 10-year imprisonment for deceiving a woman into cohabitation), is a complex issue.

Updating Age and Gender Laws: The Bills need to address modern norms regarding age thresholds for criminal responsibility and update gender-related offences, evidenced by the non-inclusion of marital rape as an offence.

Question to practice

Examine how the introduction of the Bharatiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill, and Bharatiya Sakshya Bill aims to modernize India’s criminal justice system.