In a landmark historical move, President Droupadi Murmu granted her approval to three new criminal bills recently passed by Parliament, signaling a transformative shift from the outdated British-era legal frameworks.
The three groundbreaking legislations, namely the Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Sakshya (Second) Bill, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, aim to revamp the criminal justice system, rendering it more efficient, contemporary, responsive, and humane to the evolving needs of the populace.
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Bharatiya Nyaya Sanhita:
The first bill, Bharatiya Nyaya Sanhita, encompasses 358 sections, a departure from the 511 sections found in the IPC. Noteworthy alterations include the introduction of 20 new crimes, augmented imprisonment sentences for 33 offenses, increased fines for 83 crimes, and the imposition of mandatory minimum punishments for 23 offenses. Additionally, the bill incorporates penalties for community service related to six crimes while repealing 19 sections.
Bharatiya Sakshya Bill:
The second bill, Bharatiya Sakshya Bill, consists of 167 sections, a comprehensive upgrade from the existing 167 sections in the Indian Evidence Act. This legislation modernizes Evidence Act rules, aligning them with rational, reliable, and scientific standards. Notably, it integrates the latest advancements in digital technology, forensic science, and DNA testing, enhancing the credibility and admissibility of electronic confessions, evidence, expert opinions, and dying declarations.
Bharatiya Nagarik Suraksha Sanhita:
The third bill, Bharatiya Nagarik Suraksha Sanhita, comprises 484 sections, a departure from the 484 sections in the previous criminal bill, CrPC. This legislation streamlines processes related to bail, investigation, trial, revision, and appeal. It emphasizes safeguarding the rights of the accused, witnesses, and victims, while empowering the judiciary and law enforcement to address contemporary challenges such as terrorism, cybercrime, and organized crime.
Implementation Timeline:
These groundbreaking criminal justice bills are slated to come into effect on April 1, 2024. The implementation will follow the framing and notification of necessary regulations and rules by significant state governments. Authorities assure that ongoing cases will not be adversely affected by the legal changes, remaining governed by the old laws.
Parliamentary Approval:
The bills received unanimous support through a voice vote in both houses of Parliament, garnering backing from various regional parties, including YSRCP, BJD, TDP, AIADMK, TMC (M), and UPP (L). However, major opposition parties, such as Congress, DMK, RJD, SP, BSP, and the Left, boycotted the proceedings, alleging the bills’ unconstitutionality and anti-people stance.
Home Minister’s Perspective:
Home Minister Amit Shah hailed the passage of these bills as the “beginning of a new era,” emphasizing their intent to align the justice system with the aspirations of Indians and protect their human rights. He underscored that the bills were crafted after extensive consultations with legal experts, civil society organizations, state governments, and political parties.
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Conclusion:
President Droupadi Murmu’s approval on Monday marked a pivotal moment as the three new criminal bills are set to replace outdated legislation, ushering in a new era of justice system improvement. The bills, having undergone thorough parliamentary scrutiny, aim to address contemporary challenges while safeguarding individual rights and human dignity.