Lok Sabha passes three criminal law Bills: Here are the key changes
Bharatiya Nyaya Sanhita which will replace the Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita which will replace the Code of Criminal Procedure and Bharatiya Sakshya Adhiniyam which will replace the Indian Evidence Act. Here's what changes
Take a look at highlights from the Bharatiya Nyay Sanhita (Express File Photo by Abhisek Saha)
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Lok Sabha on Wednesday passed three key Bills that seek to overhaul the criminal justice system, with Union Home Minister Amit Shah asserting that the focus is on delivering speedy justice rather than handing down punishment.
Here are the key pointsof Bharatiya Nyaya Sanhita which will replace the Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita which will replace the Code of Criminal Procedure and Bharatiya Sakshya Adhiniyam which will replace the Indian Evidence Act:
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New offences like organised crime, terrorist act, petty organised crime, hit and run, mob lynching, hiring child to commit offence, sexual exploitation of woman by deceitful means, snatching, abetment outside India, acts endangering the sovereignty, integrity and unity of India, publication of false or fake news etc. introduced
Attempt to commit suicide is deleted
Community service is provided as a punishment for theft of less than Rs 5,000
Bharatiya Nagarik Suraksha Sanhita
Scope of declaring proclaimed offender increased. Earlier only 19 offences were included which did not include rape cases. Now all offences with punishment for 10 years or more included
Arrest of offences with punishment of less than 3 years offence with prior nod of senior police officers
15 days police custody is allowed for the first 40/60 days of the detention period and this will not be a ground for refusal of bail
In-absentia trial introduced
Electronic FIR introduced
Preliminary Inquiry introduced in offences punishable from 3 years to less than 7 years
Meaning of bail has been simplified throughout the BNSS
First time undertrial is provided early release on bail
First time offender to be given relaxed punishment (one-fourth and one-sixth of such punishment) in plea bargaining
Timeline prescribed in many procedures and processes
Audio video electronic means used for many processes and procedures to enhance transparency, accountability and speedy justice – like recording of evidence of witness, deposition by police officer, evidence of accused, evidence of public servant, scientific expert or medical officer, pronouncement of judgment
Witness protection scheme introduced
Definition of ‘victim’ expanded, police officer to inform victim/informant about progress in probe
Provision for not more than 2 adjournments introduced
Bharatiya Sakshya Adhiniyam
Electronic record included in definition of ‘document’
Statements received electronically included in definition of ‘evidence’
Added more standards for considering electronic, digital records as primary evidence laying emphasis on its proper custody, storage, transmission, and broadcast
Added more kinds of secondary evidence to include oral, written admissions & evidence of a skilled person to examine documents which cannot be conveniently examined by court
Established the legal admissibility, validity, and enforceability of electronic or digital record as evidence
Inclusion of husband/wife as competent witness in criminal proceedings against spouse
Conviction based on corroborated testimony of accomplice made legal
Comprehensive certificate for submitting electronic evidence added in schedule
