President gives assent to new criminal justice bills

• President Droupadi Murmu has given her assent to-
  • Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023.
• These three new criminal justice bills were passed by the Parliament last week.

DETAILS

• The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code (IPC), 1860, which is the principal law on criminal offences in the country.
  • The new act adds community service as a form of punishment.
  • For the first time, terrorism has been defined in the criminal justice system as act that intends to threaten unity, integrity, security or economic security of country, or strike terror in people.
  • There is a provision for life imprisonment and death penalty for the crime of rape of a woman under 18 years of age.
  • Sedition is no longer an offence. Instead, there are provisions penalising armed rebellion, subversive activities, separatist activities included.
• The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 has replaced the Criminal Procedure Code, 1973 (CrPC). The CrPC provides for the procedure for arrest, prosecution, and bail.
  • Specific time-lines have been prescribed for time bound investigation, trial and pronouncement of judgements.
  • Video recording of statement of sexual assault victims to be made mandatory.
  • The power to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act.
  • All trials, inquiries, and proceedings may be held in electronic mode.
• The Bharatiya Sakshya (Second) Bill, 2023 replaced the Indian Evidence Act, 1872. The Act governs the admissibility of evidence in Indian Courts. It applies to all civil and criminal proceedings.
  • The provisions have been made in these legislations to digitize the entire process from FIR to case diary, case diary to charge sheet and charge sheet to judgment.
  • Electronic and digital record shall have same legal effects as paper records.