Three new criminal bills passed in Lok Sabha, the script of law reform was written 4 years ago

Three new criminal bills were passed in the Lok Sabha on Wednesday. This has raised hopes of getting justice soon. Many important provisions have been made in the Indian Justice Code, the Indian Civil Defense Code and the Indian Evidence Act, which replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act.

In this, statements and records taken electronically are included as evidence and documents. This will make full use of technology as evidence. For the future, there will be full use of mobile, camera, server, IMI, video conferencing etc. Also, the custody list will have to be kept at all police stations. It will be updated every 24 hours. Now, if information is hidden, action and promotion will be stopped against the police station officer.

Forensic mandatory in all cases with more than 7 years of imprisonment

Whereas forensic science will be mandatory in all cases of punishment of more than 7 years. Legal definition of bail, bond and terrorism given for the first time. Now instead of treason there will be treason. Speaking, writing or saying anything against any person will not fall in the category of treason. Apart from this, for the first time a provision for maximum death penalty has been made for mob lynching. While defining mob lynching it has been said that if more than 5 people are involved in the crime.

Lower court will have to give verdict within 45 days

Now a trial can be held for the absconder who has treasonably fled abroad. After being convicted, it will be easy to bring him back to the country from abroad through this treaty. In POCSO, 15 was increased to 18 but there was no death penalty in CRPC. Director of Prosecution, now PP will be able to do whatever he wants. At present, adultery has been removed from the law. Under Section 304 of the IPC, for causing unintentional death, the doctor will be sentenced to only 2 years, while everyone else will be sentenced to 10 years. Now after the completion of the case hearing, the lower court will have to give its verdict within 45 days and the punishment will have to be given within 7 days. Now the lower court lawyer will get only two dates.

Major changes in the new bill

Consultation:

• This process of reform in the laws of the criminal justice system was started in 2019.
• Suggestions in this regard were sought from various stakeholders.
• In 2019, the Home Ministry started this reform process.
• The Home Minister wrote a letter to all the Governors, Chief Ministers, Lieutenant Governors/Administrators in September 2019.
• Suggestions were also sought from the Chief Justice of India, Chief Justices of High Courts, Bar Councils and Law Universities in January 2020 and from Honorable Members of Parliament in December 2021.
• BPRD sought suggestions from all IPS officers.
• In March 2020, a committee was also constituted under the chairmanship of the Vice Chancellor of National Law University, Delhi.
• A total of 3200 suggestions were received.
• 18 States, 06 Union Territories, Supreme Court of India, 16 High Courts, 27 Judicial Academies – Law Universities, Members of Parliament, IPS officers, Police Forces also sent suggestions.
• The Home Minister held more than 150 meetings. These suggestions were thoroughly discussed in the Home Ministry.
  Change

Indian Judicial Code-

• It will have 358 sections (instead of 511 sections of IPC)
• 20 new crimes have been added.
• The prison sentence has been increased in 33 crimes.
• The amount of fine has been increased in 83 crimes.
• Mandatory minimum punishment has been introduced in 23 crimes.
• The penalty of community service has been introduced in 6 crimes.
• 19 sections have been repealed/removed.

Indian Civil Defense Code

• It will have 531 sections (in place of 484 sections of CrPC)
• A total of 177 provisions have been changed.
• 9 new sections, 39 new sub-sections have been added and 44 new provisions and clarifications have been added.
• Timeline has been added in 35 sections.
• Provision for audio-video has been added at 35 places.
• 14 sections have been repealed/removed.

Indian Evidence Act-

• It will have 170 streams (instead of the original 167 streams)
• A total of 24 sections have been changed,
• 2 new sections, 6 sub-sections have been added and 6 sections have been repealed/deleted.

Indian Judicial Code: Key Features

Priority according to Indian needs

• The British government had important treason and treasury protections against homicide or atrocities against women.
• In these three laws, crimes against women and children, murder and crimes against the nation have been given prominence.
• The priority of these laws is to provide justice to Indians and protect their human rights.

Crimes against women and children

• The Indian Judicial Code has introduced a new chapter titled ‘Crimes against women and children’ to deal with sexual crimes.
• In this bill, it is proposing changes in the provisions related to rape of women below 18 years of age.
• Makes gang rape of minor women consistent with POCSO.
• In the case of girls below 18 years of age, a provision has been made for life imprisonment or death penalty.
• Provision for 20 years imprisonment or life imprisonment in all cases of gang rape.
• A new crime category of gang rape of a woman under 18 years of age.
• Provides for targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true intention to marry.

Terrorism

• Terrorism has been explained for the first time in the Indian Judicial Code. It has been made a punishable offence.

Explanation: Indian Judicial Code Section 113. (1)

Whoever, with intent to endanger or is likely to endanger the unity, integrity, sovereignty, security or economic security or sovereignty of India or to cause or spread terror among the public or any section of the public in India or in any foreign country, commits any act by using bombs, dynamite, explosive substances, poisonous gases, nuclear weapons with intent to cause death to any person or persons, damage to property, or manufacture or smuggling or circulation of currency; He commits terrorist acts.

• Terrorist acts are punishable with death penalty or life imprisonment without parole.
• A series of terrorist offenses have also been introduced.
• It is a crime to destroy public facilities or private property.
• Such acts are also included under this section, which cause ‘widespread loss by reason of damage or destruction of critical infrastructure’.

Organized Crime

• A new criminal section related to organized crime has been added.
• Organized crime has been explained for the first time in the Indian Judicial Code (1).
• Illegal activity done by syndicate has been made punishable.
• Armed rebellion, subversive activities, separatist activities or any act threatening the sovereignty or unity and integrity of India have been added to the new provisions.
• Small organized crimes have also been declared crimes, punishable with imprisonment of up to 7 years. The provisions related to this are in section 112.
• Economic offenses have also been defined as: Acts like tampering with currency notes, bank notes and government stamps, running any scheme or malpractice in any bank/financial institution.
• In organized crime, if a person has died, the accused can be sentenced to death penalty or life imprisonment.
• A fine will also be imposed, which will not be less than Rs 10 lakh.
• Provision for punishment has also been made for those who assist in organized crime.

Other important provisions

• New provision of mob lynching: A new provision of crime related to murder committed on the basis of race, caste, community etc. has been included, for which a provision of punishment of life imprisonment or death penalty has been made.
• There is also a new provision for snatching.
• There will now be harsher penalties for serious injuries that result in near-incapacitation or permanent disability.
• Victim-centric

Victim-centric reforms in the criminal justice system have 3 key features:

• Right to Participation (Opportunity for the victim to express his views, BNSS 360)
• Right to Information (BNSS Section 173, 193 and 230)
• Right to compensation for loss
• These three features have been ensured in the new laws. Apart from this, the practice of registering zero FIR has been institutionalized (BNSS 173). Whereas FIR can be lodged anywhere, irrespective of the area in which the crime took place.

Victim’s right to information

• Right to the victim to get a copy of the FIR free of cost.
• Informing the victim about the progress in the investigation within 90 days.
• Provides victims with an important right to know the details of their case through mandatory provision of police report, FIR, witness statement etc.
• Provisions have been included to provide information to victims at various stages of investigation and trial.

Treason

• Treason – Sedition has been completely removed.
• Crime under section 152 of the Indian Judicial Code: Encouraging feelings of separatist activities. Endangers the sovereignty or unity and integrity of India.
• IPC Section 124A talks against the government, but Indian Judicial Code Section 152 is about the sovereignty or unity and integrity of India.
• There was no talk of intent or purpose in the IPC, but there is talk of intent in the definition of treason in the new law, which provides safeguards for freedom of expression.
• Now words like hatred, contempt have been removed and words like armed rebellion, subversive activities, separatist activities have been included.

Indian Judicial Code Section 152:

Whoever, knowingly or purposefully, by words spoken or written, or by signs, or by visible representation, or by electronic communication, or by the use of financial means, or otherwise, incites secession or armed rebellion or subversive activities or attempts to incite, or encourage feelings of secessionist activities or threaten the sovereignty or unity and integrity of India; or is involved in or involved in any such act, shall be punished with imprisonment for life or imprisonment which may extend to seven years and may also be liable to fine.

Major features of Indian Civil Defense Code

Time-line:

• A time limit was prescribed for initiation of criminal proceedings, arrest, investigation, charge sheet, proceedings before a Magistrate, cognizance, charges, plea bargaining, appointment of Assistant Public Prosecutor, trial, bail, judgment and punishment, mercy petition etc.
• Timeline has been added to 35 sections, which will make speedy delivery of justice possible.
• In BNSS, the FIR has to be taken on record within three days by the person giving the complaint through electronic communication.
• The medical examination report of the victim of sexual harassment will be forwarded by the Medical Examiner to the investigating officer within 7 days.
• Victims/informants will be informed about the status of the investigation within 90 days.
• The framing of charges will have to be done by the competent magistrate within 60 days from the first hearing of the charge.
• To expedite the trial, trial in absentia against declared offenders will be initiated by the court within 90 days of framing of charges.
• The announcement of judgment shall not exceed 45 days after the conclusion of the trial in any criminal court.
• The decision of acquittal or conviction by the Sessions Court shall be within 30 days from the completion of arguments, which may be extended up to 45 days for reasons mentioned in writing.

Crimes against women

• Introduces a transformative approach to reporting crimes against women through e-FIR. Helps in quick reporting of sensitive crimes.
• The new bills also allow e-FIR for cognizable offenses where the accused is unknown.
• The electronic platform provides a discreet opportunity for victims to report crimes.

Progress of investigation: Information to complainant and electronic transparency

In a departure from the traditional practice, the police are strictly required to inform the complainant about the progress of the investigation within 90 days.

Timely Trial: Guidance on Adjournments and Timelines

• In the judicial field, emphasis is being laid on two things. To speed up hearings and curb unfair adjournments.
• Section 392(1) provides for a better time frame for concluding the case by providing for a decision within 45 days.
• Delay in justice means deprivation of justice.
• Enhancing the use of technology: Creating the world’s most advanced justice system

Use of technology at all stages from crime scene – investigation – trial

• Transparency and accountability will be ensured in police investigation,
• The quality of evidence will improve and the rights of both the victim and the accused will be protected.
• This is a positive step towards modernizing the criminal justice system.
• Case diary from FIR, charge sheet from case diary and judgment will all be digitized.
• A register containing e-mail addresses, phone numbers or any other such details will be maintained by all police stations and courts.
• Evidence, recording during search and seizure

Audio-video recording mandatory

• The audio-video recording should be presented before the magistrate ‘immediately’.
• Requirement for videography of the process of collecting forensic evidence.
• Option of audio-video recording of any statement given during police investigation.

Forensics

• Forensic evidence collection at the crime scene by ‘forensic experts’ is mandatory in all crimes punishable with punishment of 7 years or more.
• This will improve the quality of investigation and the investigation will be based on scientific method.
• Target of 100% conviction rate.
• Use of forensics is mandatory in all states/UTs.
• Necessary infrastructure is to be created in the States/UTs within 5 years.

Initiative

• Focus on establishment of National Forensic Science University (NFSU)
• NFSU has total 7 campuses and 2 training academies (Gandhinagar, Delhi, Goa, Tripura, Guwahati, Bhopal, Dharwad).
• National Forensic Science Academy started in CFSL Pune and Bhopal.
• Inauguration of state-of-the-art DNA analysis facility in Chandigarh.

Search and seizure

Technology will also be used by the police to conduct search and seizure operations.
Videography through electronic devices of the entire process of searching or seizing any property by the police.
Such recording will be sent by the police to the concerned magistrate without any delay.

Police accountability

Display of information of arrested persons: Additional obligation has been given to the State Government to nominate a police officer who will be responsible for collecting information in respect of all arrests and arrested persons. It is also necessary to display such information prominently in every police station and district headquarters.

Simplifying processes

• B. In minor cases, summary trial will be expedited.
• Summary trial has been made mandatory for less serious cases, such as theft, receiving or possessing stolen property, unauthorized entry into a house, disturbing the peace, criminal intimidation, etc.
• In cases where the punishment is up to 3 years (earlier 2 years), the Magistrate may, for reasons to be recorded in writing, hold a summary trial in such cases.
• The competent authority will take a decision within 120 days on consent or disagreement to conduct prosecution against civil servants, if not, it will be assumed that permission has been granted.
• Evidence of civil servants, experts, police officers and the person holding its charge will be able to give testimony on such document or report.

Under trial prisoner

• If a person is a first-time offender, and has served one-third of the imprisonment, he will be released on bail by the court.
• Where the undertrial prisoner has completed half or one-third of the term, the Jail Superintendent should immediately apply in writing to the court.
• Release will not be available to an undertrial prisoner sentenced to life imprisonment or death sentence.

New Witness Protection Scheme

The state government will prepare and notify an evidence protection scheme for the state.

Confiscation of property of declared criminals

• In cases where the punishment is 10 years or more or life imprisonment or death penalty, the accused can be declared a proclaimed offender.
• In cases of declared criminals, a new provision has been made for attachment and confiscation of property outside India.
• Earlier, Proclaimed Offender could be declared only in 19 crimes, now 120 crimes have been brought under its ambit. In which the crime of rape has been included, which was not included earlier.

Disposal of assets

• A large number of case properties are lying in the police stations of the country.
• During investigation, a provision has also been made for speedy disposal of such properties after preparation of property details and photographs/videography by the court or magistrate.
• Photo or videography can be used as evidence in any investigation, trial or other proceedings.
• Within 30 days of taking photographs/videography, order disposal, destruction, confiscation or delivery of the property.
• Indian Evidence Act- Major Changes

The Indian Evidence Act, 2023 has expanded the definition of documents to include electronic or digital records, emails, server logs, documents available on computers, messages on smartphones or laptops, websites, locational evidence. Electronic records are included in the definition of ‘document’. Whereas statements received electronically are included in the definition of ‘evidence’. More standards were added to treat electronic and digital records as primary evidence, with emphasis on its proper custody-storage-transmission-broadcast.

More types of secondary evidence were added to include oral and written confessions and the evidence of a skilled person to examine documents which could not be easily examined by the court. Established the legal admissibility, validity, and enforceability of electronic or digital records as evidence.