Sansad TV Special: Reforming India’s Criminal Justice System | 02 December, 2023

Summary

The Indian government is set to overhaul its criminal justice system with three key bills introduced to replace colonial-era laws. The new legislation aims to expedite trials, improve conviction rates, and provide victim protection. Key changes include redefining sedition, addressing terrorism, and expanding the death penalty for gang rape of minors. The bills also embrace technology, mandating forensic investigation and allowing electronic trials and evidence. The Parliamentary committee has recommended further enhancements, including community service for minor offenses and gender-neutral language for certain laws.

Takeaways

• 📚 The Indian criminal justice system is undergoing a major overhaul with the introduction of three key bills to replace colonial-era codes.
• 🔍 The objective of the new bills is to expedite trials, enhance conviction rates, improve evidence quality, and provide victim protection.
• 🇮🇳 India's legal system has been shaped by British colonial laws, and post-independence amendments have been made to align with modern needs.
• 🔄 The Indian Penal Code of 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 are being repealed and replaced with updated legislation.
• 🗓️ The new bills aim to address issues like case backlog, low conviction rates, outdated fines, prison overcrowding, and delayed justice.
• 📉 The bill removes the offense of sedition and reframes it to penalize activities that endanger India's sovereignty or integrity.
• 🚨 The definition of terrorism is expanded, and stringent punishments including life imprisonment and hefty fines are proposed.
• 📈 Petty organized crime is now punishable with imprisonment and fines, and the death penalty is extended to gang rape of minors under 18.
• 🌐 Trials may be conducted electronically, and electronic evidence is given the same legal weight as physical evidence.
• ⏱ The bills set specific timelines for legal procedures, including medical examination reports for rape victims and trial proceedings.
• 🔒 Trials can proceed in the absence of the accused if they are evading trial, and judgments can be pronounced accordingly.
• 📝 The parliamentary committee has recommended several amendments, including making the legislation gender-neutral and consulting with legal experts on certain clauses.

Q & A

What is the purpose of the overhaul of India's criminal justice system?

The overhaul aims to replace colonial-era codes with new legislation that speeds up trials, boosts conviction rates, improves evidence quality, and provides relief and protection to victims.

What are the three key bills introduced by the Indian government to reform the criminal justice system?

The three key bills are the BH n Sanita, 2023, the Bti Nagar Suraka Sita, 2023, and the BH Saku Bill, 2023, which are intended to replace the Indian Penal Code of 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively.

Why was there a need for a comprehensive review of India's criminal laws?

The existing laws were inherited from the British colonial era and needed to be updated to align with the contemporary needs and aspirations of the Indian people, as well as to be in accordance with the basic principles enshrined in the Constitution of India.

What are some of the main problems in the current Indian legal system?

The main problems include complex laws, a huge backlog of cases, low conviction rates, inadequate fines, overcrowding of undertrial prisoners in prisons, underutilization of modern technology, and delays in investigation and justice delivery due to insufficient use of forensic evidence.

What changes does the BH n Sanita, 2023 bill propose regarding the offense of sedition?

The bill removes the traditional offense of sedition and instead penalizes activities that incite secession, armed rebellion, or subversive activities, and endanger the sovereignty or unity and integrity of India.

How does the BH n Sanita, 2023 bill address the issue of terrorism?

The bill defines terrorism as an act intending to threaten the country's unity, integrity, and security, or to intimidate the public or disturb public order. It penalizes conspiring, organizing, or assisting in the preparation of any terrorist act with imprisonment between 5 years and life, and a fine of at least 5 lakh rupees.

What is the significance of the provision for trials in electronic mode in the Bti Nagar Suraka Sita, 2023 bill?

The provision allows for all trials, inquiries, and proceedings to be held electronically, facilitating the use of electronic communication devices for digital evidence, thus adapting the legal process to technological advancements.

What are the key highlights of the BH Saku Bill, 2023 in terms of evidence admissibility?

The bill allows electronic or digital records to have the same legal effect as paper records, expands the definition of electronic records to include various communication devices, and considers information given electronically as oral evidence.

What observations and recommendations did the Parliamentary committee on home Affairs make regarding the bills?

The committee made several observations and recommendations, including the appreciation for introducing the death penalty for gang rape of women below 18 years, enhancing punishment for causing deaths by negligence, and the deletion of the term sedition from criminal law while ensuring state security.

How does the overhaul of the criminal justice system reflect the shift from colonial-era laws to contemporary needs?

The overhaul seeks to create a legal structure that is citizen-centric, secures life and liberty, and adapts to the technological advancements and contemporary needs and aspirations of the Indian people, moving away from the colonial mindset.