Some highlights of new Criminal Laws :: Trial in Absentia will especially help prosecute those who flee India !!

Symbols of colonial imprint in the IPC – sedition, criminalisation of homosexuality and adultery – have been repealed.

"A provision for Trial in Absentia has been introduced...

Many cases in the country shook us be it the Mumbai bomb blast or any other. Those people are hiding in other countries and trials are not underway. They don't need to come here now. If they don't appear before the Court within 90 days then in their absence trial will go on...

"A public prosecutor will be appointed for their prosecution. They will be hanged...It will make the process to bring them back speedy since it changes their status in the other country when they get prosecuted." -

 Home Minister Amit Shah in Lok Sabha 

1. Bharatiya Nyaya Sanhita to replace the IPC,1860

2. Bharatiya Nagarik Suraksha Sanhita for CrPC,1973

3. Bharatiya Sakshya Bill for the Indian Evidence Act,1872

These bills, which are set to replace the Indian Penal Code, the Criminal Procedure Act, and the Indian Evidence Act, respectively, are poised to bring about significant changes to the Indian legal system. Highlights:

* 1 The Bharatiya Nyaya Sanhita (BNS) focuses on delivering justice rather than punishment, with a clear definition of terrorism and the introduction of a new section titled "offences against the state."

The bill also scraps the contentious sedition law and introduces the concept of community service as a punishment for petty offences. *2 The Bharatiya Nagarik Suraksha Sanhita (BNSS) aims to streamline the investigation and trial process by introducing time-bound investigations, trials, and judgment. The bill also makes provisions for the use of technology and forensic sciences in the investigation of crimes, and it emphasizes a citizen-centric approach to information sharing. *3 The Bharatiya Sakshya Act 2023 (BSA) strengthens the independence of the judiciary and consolidates the principles and rules of evidence for trials.

The bill also introduces provisions for trial in absentia, allowing for the judgment of those who are absconding. Note::

Three bills, collectively referred to as the "Bharatiya Sanhitas," are poised to usher in a new era of justice in India by replacing colonial-era laws with a more human-centric and modern #legal system.

** Mob lynching, punishable by 7 years jail or life imprisonment or death penalty

--- Enabling speedy justice through video trials, e-filing of FIRs

%% Bringing corruption, terrorism & organised crime under penal laws

The Centre has decided to do away with the Sedition law, as essentially the British had used it to put Indian freedom fighters in jail.  

## Sexual exploitation of women on the pretext of marriage, job, promotions or by concealing identity will be considered a crime

** For gangrape, there is provision for punishment of 20 years imprisonment or life imprisonment, and death sentence in case of rape of minor.

$$

Terrorism has been defined under the law for the first time. 

A terrorist has been defined as one who commits any act in India or a foreign country with the intention to threaten the unity, integrity & security of India, to intimidate general public or to disturb public order. 

There is also a provision for attaching the property of the terrorist.

Chargesheet to be filed within 90 days & the court can give permission for another 90 days. Probe will have to be completed in 180 days & sent for trial. After trial, judgment has to be given in 30 days.  

Expanding the scope of offence against women pertaining to sexual intercourse by employing “deceitful means”.

The new penal code would place crimes against women & children first. 

The Home Minister said : "There was no time limit for plea bargaining earlier. Now, if one accepts their crime within 30 days of the crime, then the punishment would be less. There was no provision to present documents during trials. We have made it compulsory to produce all documents within 30 days. No delays will be made in that."

Blogger 

The Bharatiya Nagrik Suraksha (Second) Sanhita now has 531 Sections. The first bill consisted of 533 Sections, out of which 150 were sourced from the Code of Criminal Procedure (CrPC) after revisions, 22 Sections of the earlier CrPC were proposed to be repealed, and 9 Sections were to be newly added.

The proposed code has ushered in new concepts like timelines for mercy petitions, a scheme for witness protection and permitting electronic modes for recording statements and collecting evidence. For offences punishable with imprisonment of seven years or more, forensic investigation has been made mandatory.

Another significant provision expands the scope of summary trials, specifically in cases where the punishment does not exceed three years. This streamlining of legal processes is aimed at expediting justice and ensuring a more efficient judicial system.

Moreover, the proposed law introduces stringent timelines for various procedural aspects. For instance, it mandates that the police must present their challan before the court within seven days of the first hearing. 

Furthermore, the legislation stipulates that investigation must conclude within 90 days of filing a chargesheet. Notably, judgments reserved are required to be pronounced within 30 days.  (Bar and Bench)

The Bharatiya Sakshya Bill remains unchanged and has 170 Sections. Of these, 23 Sections have been sourced from the Indian Evidence Act with amendments, 1 Section is entirely new, and 5 Sections are proposed to be removed.

Notably, a few BJP MPs, including Ramesh Bidhuri and Nishikant Dubey questioned the Supreme Court's reading down of Section 377 of IPC and called for its reintroduciton. However, no such amendment was notified by the Home Minister.

Addressing the Lok Sabha when the first iteration of the bills was introduced, Amit Shah stated that the process of drafting the three laws involved consultations with 18 states, 7 Union Territories, judges from the Supreme Court and High Courts, along with 22 law universities, 142 MPs, 270 MLAs, and numerous members of the public. 

This effort apparently spanned four years and encompassed a total of 158 meetings.

More Draconian than British laws : counsel Gonsalves

"If the British laws were colonial and draconian, I want to show you very quickly how the laws enacted by this government are 10 times more draconian. During the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more, is a shocking provision enabling police torture," advocate Colin Gonsalves said raising strong objections to the three bills.

He said that safety provisions were ignored and that the bills "enable" police torture. (India Today)

He also criticised the section on sedition, UAPA, false arrests and gay sex in the three new bills.

"Gay sex, which is voluntary, non-coercive, is not a crime. And now again, they sneak in the same old section that on gay sex because they can't get over the fact that the Supreme Court declared that section unconstitutional," Gonsalves said.  

But former ASG Aman Lekhi said there are some "positive" changes brought about in the bills in the context of punishment for private offences.

"Particularly in the aspect of the punishment and dealing with those private offences is concerned, there are certain changes which are positive,"  he told 'India Today'.