describing three measures to replace legislation from the British period

The Bharatiya Nyaya Sanhita Bill, 2023, which seeks to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, which seeks to replace the Criminal Procedure Code, and the Bharatiya Sakshya Bill, 2023, which seeks to replace the Indian Evidence Act, are the three bills that the government introduced on Friday in the Lok Sabha with the goal of defending citizens’ rights.

When proposing the three proposals in the Lok Sabha, Home Minister Amit Shah said that they sought to remove the outdated laws from the British period, which he claimed were designed to support British rule, and that the new proposed laws would instead provide justice for people rather than merely punishing them.

 

The Parliamentary Standing Committee on Home has been tasked with studying all three legislation in-depth.

 

Additionally, the Law Commission will receive them for review.

 

The IPC, which was adopted in 1860, is being repealed by the Bharatiya Nyay Sanhita law.

 

The newly proposed measure would simplify the laws governing offenses and punishments.

 

One of the planned penalties for minor offenses is the imposition of first-time community service.

 

Additionally, murder, crimes against the state, and offenses against women and children have been prioritized.

 

The numerous offenses now have gender-neutral names.

 

New terrorist offenses and organized crime offenses with deterrent penalties have been included to the Bill in order to address the issue of organized crime and terrorist activities effectively.

 

Acts of secession, armed rebellion, subversion, separatist activity, or jeopardizing India’s sovereignty or unity and integrity have all been added as additional offenses.

 

Additionally, the penalties and punishments for different offenses have been appropriately increased.

 

To abolish the CrPC, see the Bharatiya Nagrik Suraksha Sanhita bill.

 

It allows for the use of forensic sciences and technology in the investigation of crimes as well as the provision and filing of information, summons serving, and other processes through electronic communication.

 

For time-limited investigations, trials, and judgments, certain deadlines have been set.

 

A citizen-centric strategy has been taken to provide the victim with a copy of the first information report and to keep them updated on the investigation’s status, including via digital channels.

 

Before the government withdraws the case in circumstances where the sentence is seven years or more, the victim must have a chance to be heard.

 

For trivial and less severe matters, summary trial is now required.

 

The accused may be questioned via technology like video conferencing.

 

Additionally, the magisterial system has been simplified.

 

In the third bill, the Bharatiya Sakshya Adhiniyam, which aims to replace the Evidence Act, “evidence” is defined as any information provided electronically, allowing for the electronic presence of witnesses, defendants, experts, and victims.

 

It stipulates that an electronic or digital record may be used as evidence and that it shall have the same legal significance, legal validity, and legal enforceability as paper documents.

 

The proposed bill aims to broaden the definition of secondary evidence to include copies made from the original by mechanical processes, copies made from or compared with the original, counterparts of documents as against the parties who did not execute them, and oral accounts of the contents of a document given by someone who has actually seen it, as well as giving matching hash # value of original record.

 

Last but not least, it aims to restrict the admissibility of facts and the certification of such facts in court.

 

The proposed Bill establishes more clear and consistent guidelines for how courts should handle the facts and circumstances of a case when presenting evidence.