Date : 17/08/2023

Relevance – GS Paper 2 - Polity

Keywords – IPC, CrPC, Justice Model, Lok Sabha

Context –

During the final day of the Monsoon Session, the Home Minister presented a trio of Bills in the Lok Sabha, aiming to revamp the nation's criminal justice mechanism. The existing state of India's criminal justice system carries a contradiction, still retaining the enduring imprints of Lord Thomas Babington Macaulay or rather, the legacy of colonial times. The significance of these novel bills stems from specific grounds, underlining their importance.

Key Modifications Introduced in the Recent Legislation

Revamping Outdated Colonial Laws

• The bills have ushered in alterations to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act, with the intent of revitalizing the criminal justice system.
• The age-old laws of the colonial era are set to be substituted with new enactments imbued with an Indian perspective:

• The Bharatiya Nyaya Sanhita, 2023, will take the place of the IPC.
• Bharatiya Nagarik Suraksha Sanhita, 2023, will replace the CrPC.
• Bharatiya Sakshya Bill, 2023, will supplant the Indian Evidence Act.

Omission of IPC Section 377

• The Bharatiya Nyaya Sanhita (BNS) 2023 excludes IPC Section 377 (or an equivalent), which was altered by the Supreme Court in 2018.
• Section 377: Whosoever willingly engages in unnatural sexual activities with a man, woman, or animal, contrary to the natural order, shall face penalties.

Reforming Sedition Law (Section 124A of IPC)

• The removal of the sedition law signals a positive shift in balancing personal freedom and national security.
• However, the proposed Sanhita includes a clause that penalizes actions endangering India's sovereignty, unity, and integrity.
• While avoiding the term sedition, it broadens the definition to encompass financial support, subversive actions, and encouragement of separatist sentiments.

Introduction of Rehabilitative Justice Model

Incorporating community service as an alternative punitive measure could potentially reduce the number of undertrials languishing in prisons.

Addressing Technological Advancements

• The Bharatiya Sakshya Bill (BSB) 2023 will permit witnesses, defendants, experts, and victims to testify through electronic channels.
• Furthermore, electronic evidence will be accorded the same legal status as physical documents, and the concept of secondary evidence will be expanded to include diverse forms of electronic and mechanical reproductions.
• The new bills also encompass the acknowledgment of mob-induced murders along ethnic, caste, and communal lines.

Significance of the Proposed Bills

Eradicating the Shadow of Colonial Era

• Before delving into the analysis of each Bill, it's essential to consider the Statement of Objects and Reasons (SOR) that accompanies them.
• The SOR of the Bharatiya Nyaya Sanhita highlights that the overhaul of the IPC (enacted in 1860) is not just a legal necessity, but a philosophical one as well.
• Replacing archaic and inequitable provisions with laws that resonate with the contemporary ethos, needs, and aspirations of India signifies a step towards upholding the societal contract between the state and its citizens.

Reflecting the Dynamic Societal Landscape

• As societies evolve, their legal frameworks must mirror their present values and requirements.
• This transformation is especially critical in the realm of criminal justice, particularly when a significant number of individuals remain incarcerated.
• Statistics from the National Crime Records Bureau reveal that a staggering 77% of India's prisoners in 2021 were individuals awaiting trial.
• Delaying essential reforms in the criminal justice system only perpetuates injustice. Hence, the introduction of community service as an alternative to punishment in the Bharatiya Nyaya Sanhita showcases an innovative and compassionate approach to addressing criminality.
• Focusing on minor offenses, this alternative seeks to replace imprisonment with rehabilitation and seamless reintegration into society.

Resolving Legal Ambiguities

• Inconsistencies within the Indian criminal justice system have led to perplexities.
• For instance, Section 309 of the IPC criminalizes attempted suicide, while the Mental Healthcare Act 2017 views such attempts as outcomes of severe stress, necessitating care instead of punishment.
• Such contradictions create legal uncertainties and room for varied interpretations. The Bharatiya Nyaya Sanhita aims to rectify this discord.

Modernizing the Criminal Justice Apparatus

• The introduction of the Bharatiya Sakshya Bill signifies a crucial stride toward modernizing the criminal justice system, considering the extensive shifts in technology and societal norms since 1872.
• This legislation acknowledges the pivotal role of electronic data, allowing digital records to hold admissible status and establishing provisions for virtual appearances.
• This expansion encompasses various forms of electronic and mechanical copies within the purview of secondary evidence, while also introducing more consistent and precise criteria for admissibility.
• In an era dominated by digital information, these amendments bring the law in alignment with contemporary practices.

The clarity in Criminal Definitions and Streamlined Processes

• With a backlog of approximately 50 million cases pending in Indian courts (including quasi-judicial bodies), effective resolution hinges on clear definitions of "crime" (as exemplified by IPC Section 377) and streamlined protocols for criminal trials.
• The introduced Bills have redefined the concept of "crime" and streamlined procedural intricacies, aiming to expedite proceedings.
• Proposals for Enhancing the Efficiency of the Criminal Justice System
• While the rationale for a contemporary country to move away from the historical practice of considering citizens as subjects is strong, it's important to note that the responsibility for the misapplication of laws can't be exclusively attributed to the distant colonial authority.
• Respecting due process and the rights of individuals are essential and inherent human entitlements. However, existing legal precedents and entrenched institutional structures can potentially jeopardize these rights.
• Consequently, the current criminal justice system tends to emphasize punishment rather than fairness. Therefore, alongside legal modifications, it becomes imperative to introduce changes at an institutional level to promote a more equitable system.

Conclusion–

In the culmination of these efforts, India's legal structure is decisively emancipating itself from the vestiges of colonial history. By embracing the Bharatiya Nyaya Sanhita and the accompanying array of reforms, India is orchestrating a profound transformation that extends beyond mere numerical shifts; it is, in fact, a resolute endeavor to reclaim and reaffirm its distinct and authentic identity.