Why in the News?

• The Home Minister, Amit Shah introduces three bills namely, the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023, and the Bharatiya Sakshya Bill 2023.
• The Bharatiya Nyaya Sanhita 2023 is designed to replace the Indian Penal Code of 1860, the Bharatiya Nagarik Suraksha Sanhita 2023 aims to supersede the Criminal Procedure Act, of 1898, and the Bharatiya Sakshya Bill 2023 will take the place of the Indian Evidence Act, 1872.
• The Minister emphasized that these Bills are set to revolutionize the country's criminal justice system.
• Their primary focus is on delivering justice to individuals rather than merely imposing penalties.
• These legislative measures have been meticulously developed after thorough discussions and deliberations. Notably, provisions relating to sedition will be fully removed.
• The laws have undergone 313 modifications to bolster the criminal justice system's efficacy and robustness.

What Prompted the Introduction of the Bharatiya Nagarik Suraksha Sanhita Bill?

• The culmination of Azadi ka Amrit Mahotsav on August 15, 2023, marks the commencement of India's journey from 75 to 100 years of independence, heralding the vision of a resplendent India.
• On August 15, 2022, during his address from the Red Fort, the Prime Minister of India presented the nation with the Panch Pran, or five vows, one of which is the eradication of all vestiges of subjugation.
• Spanning from 1860 to 2023, India's criminal justice system has endured under laws formulated by the British Parliament.
• In this context, the introduction of these three bills stands as an embodiment of the commitment to fulfill one of the five vows - instilling a distinct Indian essence to drive a transformative shift in the nation's criminal justice system.

What Constitutes the Code of Criminal Procedure (CrPC)?

• Established in 1973 (enforced on April 1, 1974), the CrPC stands as the primary legislation governing the procedural aspects of administering substantive criminal law in India.
• It serves to:
• Outline the mechanisms for investigating crimes,
• Facilitate the apprehension of suspected individuals,
• Facilitate the collection of evidence,
• Ascertain the guilt or innocence of the accused party, and
• Determine the appropriate punishment for those found guilty.
• Furthermore, the CrPC addresses matters such as public disturbances, prevention of offenses, and the support of family members like spouses, children, and parents.
• The Bharatiya Nagarik Suraksha Sanhita Bill 2023 aims to replace the CrPC as it currently stands.

What are the Main Amendments Proposed in the CrPC?

• Enhanced Technological Integration:
• Proceedings including trials, appeals, and depositions (including those of public servants and police officers) can be conducted through electronic means.
• Accused individuals' statements may be recorded via video conferencing.
• Summons, warrants, documents, police reports, and evidence statements can be generated in electronic format.
• Integration of Communication Devices:
• The bill introduces "communication devices" as part of electronic communication.
• Individuals may be required to produce digital evidence-containing devices upon court or police directives.
• Controlled Use of Handcuffs:
• Police officers may use handcuffs during the arrest of repeat offenders, escapees from custody, or those involved in organized crime, terrorist acts, or offenses against the state.
• Strengthened Safeguards:
• Section 41A of CrPC will be renumbered as Section 35.
• Added provision: Arrest without prior permission from a DSP isn't permitted for offenses carrying less than 3 years' punishment or if the person is over 60 years old.
• Mercy Petitions Clarified:
• Guidelines outlined for filing mercy petitions in death sentence cases.
• A 30-day window after being informed of petition disposal for submitting a mercy plea to the Governor.
• Subsequent recourse to the President within 60 days if rejected, with no further court appeal.
• Expedited Sanction to Prosecute:
• Government to decide on granting or rejecting prosecution sanction within 120 days of receiving a request.
• Inaction will be deemed as granting sanction.
• Exemptions for sexual offenses, trafficking, etc., from requiring sanction.
• Arms Possession Regulations:
• District magistrates retain power under Section 144A to prohibit arms possession during processions and mass activities to maintain public peace.
• Samples Collection Without Arrest:
• Magistrates are empowered to order samples of signature, handwriting, voice, or finger impressions for investigation without arrest.
• Police Detention and Action:
• Police are enabled to detain or remove individuals resisting preventive actions or defying orders.
• Trial in Absentia:
• In alignment with stringent anti-terror laws like UAPA, where the burden of proof is reversed.
• Accused must prove innocence rather than the state proving guilt.
• These proposed amendments aim to modernize and enhance the effectiveness of the Criminal Procedure Code while upholding safeguards and rights.

Importance of the Bharatiya Nagarik Suraksha Sanhita Bill:

• Streamlined Criminal Procedure:
• The bill seeks to consolidate and amend criminal procedure laws, establishing specific timelines for time-bound investigations, trials, and verdicts.
• This ensures a prompt and efficient dispensation of justice.
• Expedited Justice Delivery:
• The legislation stands to expedite the judicial process, leading to a swifter resolution of cases.
• Alignment with Digital India Initiative:
• The draft legislation is in sync with the Digital India campaign.
• It acknowledges digital records as admissible evidence, conferring the same legal validity and enforceability as traditional paper records.
• Enhanced Citizen-Centric Approach:
• The bill adopts a citizen-centric perspective by ensuring that First Information Reports (FIRs) are readily accessible to complainants.
• Victims are kept informed about case progress via digital channels.
• Summary Trials for Minor Offences:
• The bill introduces summary trials for minor offenses, further speeding up the legal process for less serious cases.
• Facilitation of 'Zero FIR':
• The bill allows for the lodging of a 'Zero FIR' at any police station, irrespective of jurisdiction.
• This enables swift initiation of the legal process without being bound by geographical constraints.

The Bharatiya Nagarik Suraksha Sanhita Bill aims to modernize criminal procedures, leverage technology for efficiency, prioritize citizens' access to justice, and foster a faster and more accessible legal system.