Sansad TV Special: Reforming India’s Criminal Justice System | 02 December, 2023
Summary
TLDRThe 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- 🔄 The Indian Penal Code of 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 are being repealed and replaced with updated legislation.
- 🗓️ The new bills aim to address issues like case backlog, low conviction rates, outdated fines, prison overcrowding, and delayed justice.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.
Outlines
📚 Overhaul of India's Criminal Justice System
The Indian government is set to revamp its criminal justice system by introducing three key bills aimed at replacing colonial-era codes. The overhaul intends to expedite trials, enhance conviction rates, and improve evidence quality while providing victim protection. The existing laws, inherited from British colonial rule, have been criticized for being outdated and not aligned with modern India's needs. The new legislations include the BH n Sanita, 2023, the bti nagar suraka Sita, 2023, and the BH Saku Bill 2023, which were introduced to repeal and replace the Indian Penal Code of 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act 1872, respectively. The bills address issues like case pendency, low conviction rates, and the underutilization of forensic evidence, aiming to strengthen law and order and adapt to technological advancements.
🛡️ Key Changes in the New Criminal Law Bills
The new bills bring about significant changes to India's criminal laws. The sedition law is redefined to focus on more severe offenses such as armed rebellion and subversive activities, with punishments ranging from 7 years to life imprisonment and fines. The definition of terrorism is clarified, with stringent penalties including a minimum fine of 5 lakh rupees for acts threatening national unity and security. The age for the death penalty in cases of gang rape is lowered from 12 to 18 years. The bhan naric suraka Sanita, 2023 introduces electronic trials and forensic investigation mandates for serious offenses, while the B Saka Bill 2023 updates the rules for admissibility of electronic records and oral evidence in legal proceedings. These bills aim to modernize the legal system and align it with contemporary societal needs.
🏛️ Parliamentary Committee's Review and Recommendations
The Rajya Sabha Chairman referred the three bills to the Department-Related Parliamentary Standing Committee on Home Affairs for review. The committee held extensive meetings with domain experts, including senior advocates, university professors, and retired officials, to gather diverse perspectives on the proposed legislation. The committee's observations include the introduction of community service as a punishment, the appreciation of the death penalty for gang rape of minors, and the enhancement of punishment for causing death by negligence. Recommendations were made to include the attorney general's and solicitor general's opinions on certain clauses, to make section 497 of the IPC gender-neutral, and to retain certain sections while deleting outdated references. The bills underwent a reduction in the number of sections and chapters, reflecting a shift towards justice provision rather than mere punishment, in line with democratic principles and contemporary Indian society's aspirations.
Mindmap
Keywords
💡Criminal Justice System
💡Overhaul
💡Colonial Codes
💡Consolidation
💡Speedy Justice
💡Quality of Evidence
💡Victims' Protection
💡Parliamentary Committee
💡Forensic Evidence
💡Death Penalty
💡Gender Neutral
Highlights
India's criminal justice system is set for a complete overhaul with the introduction of three key bills.
The bills aim to replace colonial codes to speed up trials, improve conviction rates, and provide relief to victims.
The overhaul is a response to the need for a comprehensive review of criminal laws inherited from the British colonial era.
The existing laws are outdated and do not align with the contemporary needs and aspirations of the Indian people.
The Indian Penal Code of 1860, Code of Criminal Procedure 1973, and the Indian Evidence Act 1872 are to be replaced.
The new bills address issues such as complex legal systems, pendency of cases, low conviction rates, and inadequate use of forensic evidence.
The bills propose to simplify legal procedures, strengthen law and order, and adapt to technological advancements.
Outdated references are removed, and the new legal structure is designed to be citizen-centric.
Key changes in the bill include the removal of the sedition offense and redefining it with specific acts against the state.
The bill defines and penalizes terrorism with stringent imprisonment terms and fines.
Petty organized crime is made punishable with imprisonment and fines.
The bill extends the death penalty to gang rape cases involving victims below 18 years of age.
Electronic mode trials, inquiries, and proceedings are allowed, including the use of electronic communication devices for evidence.
Forensic investigation is mandated for offenses punishable with at least 7 years of imprisonment.
The bill sets timelines for procedures, such as the submission of medical reports in rape cases.
Trials in the absence of the offender are permitted when the offender has absconded to evade trial.
The Evidence Act is updated to include electronic or digital records as valid evidence with the same legal effect as paper records.
Oral evidence is expanded to include electronic statements, and secondary evidence includes digital records.
The committee recommends the inclusion of section 377 of IPC in the new bill and making section 497 on adultery gender-neutral.
The new laws aim to change the nature of law towards providing justice rather than punishment, removing colonial mindset traces.
The drafting of the new laws represents four years of intense discussions to align with Indian thought processes and aspirations.
Transcripts
[Music]
hello welcome viewers you're watching
the special presentation of sunset TV
with your host kti
Mishra India's criminal justice system
is set for a complete overhaul the
government has introduced three key birs
to replace Colonial codes with the
objective of speeding up trials by
laying down specific timelines boosting
rates of conviction by improving the
quality of evidence and providing relief
and protection to victims so what are
the key Provisions in the bill what are
the major recommendations of the
Parliamentary committee on home Affairs
well we've packed everything for you in
this Edition so come
[Music]
along
India's criminal justice system has been
predominantly shaped by laws and
regulations inherited from the British
colonial era in the post Independence
years these legal foundations underwent
alterations and amendments to align with
the evolving requirements of modern
times the experience of seven decades of
Indian democracy calls for comprehensive
review of our criminal laws including
the code of criminal procedure and adopt
them in accordance with the Contemporary
needs and aspirations of the people of
India the pre-independence criminal laws
were used by the British to protect
their colonial interests to rule the
people and the country and to maintain
their Authority and Supremacy over India
there was a need for comprehensive
review of the criminal laws the criminal
procedure Court the Indian penal court
and the Indian Evidence Act and adapt
them according to the present day needs
and aspirations in fact prime minister
of India also advocated for the need to
revamp all the legislations enacted
across all departments during the
British
era
in accordance with the basic principles
enshrined in the constitution of India
it was proposed to bring about
fundamental comprehensive changes in the
framework of Indian criminal
laws with this objective in view the
existing Indian Penal Code of 1860 the
code of criminal procedure
1973 and the Indian Evidence Act 1872
would now be repealed and replaced by
the BH n Sanita
2023 the bti nagar suraka Sita 2023 and
the BH Saku Bill 2023
respectively the home affairs minister
introduced these three key bills in the
Lo Saba on 11th of August
2023
the main problems in present legal
system are very complex there's huge
pendency of cases in the courts there's
low conviction rate and the amount of
fine prescribed in laws is very less
from 10 Rupees to 500 there's
overcrowding of undertrial prisoners in
prisons there's very little use of
modern technology in the legal system
and there's delay in investigation
pending hearing process and delay
Justice due to inadequate use of
forensic
evidence the new bills seek to
historically address the problems in the
criminal justice system to strengthen
Law and Order simplify legal procedure
provide Speedy Justice and adapt the
criminal justice system with the
technological advancements further all
the outdated references have been
deleted in the proposed bills these
bills seek to create a legal structure
which is citizen Cent
and to secure life and Liberty of
citizens and adopt them in accordance
with the Contemporary needs and
aspirations of the people the btia N
Sanita 2023 repeals the Indian penal
Court
1860 key changes proposed in the bill
include sedition IPC defines sedition as
bringing or attempting to bring hatred
or contempt or exciting disaffection
towards the government it is punishable
with imprisonment term between 3 years
and life imprisonment and or refined the
bill removes this offense it instead
penalizes the following exciting or
attempting to excite secession armed
Rebellion or subversive activities
encouraging feelings of sapst activities
or endangering sovereignity or unity and
integrity of India these offenses may
involve exchange of words or signs
electronic communication or use of
financial means these will be punishable
with imprisonment or of up to 7 years of
life imprisonment and a
fine terrorism the bill defines
terrorism as an act that intends to
threaten the unity integrity and
security of the country to intimidate
the general public or disturb public
order the bill also penalizes conspiring
organizing or resisting in preparation
of any terrorist act within an
imprisonment term between 5 years and
life imprisonment and a fine of at least
5 lakh rupees
Petty organized crime the bill makes
attempting or committing Petty organized
crime punishable with imprisonment
between 1 and 7 years and a fine death
penalty for gang rape of minor IPC
allows death penalty for gang rape of
women below 12 years of age the bill now
allows death penalty for gang rape of
women below 18 years of
age the bhan naric suraka Sanita
2023 was introduced in the Lo subha on
11th of August it repeals the code of
criminal procedure
1973 the code provides for procedure for
arrest prosecution and bail for offenses
under various Acts including the Indian
Penal Code of
1860 the highlights of this bill are
trials in electronic mode the bill
provides that all trials inquiries and
proceedings may be held in electronic
mode it also provides for the production
of electronic communication devices like
to contain digital evidence for
investigation inquiry or trial
electronic communication includes
communication through devices such as
mobiles computers or
telephone forensic investigation the
bill mandates forensic investigation for
offenses punishable with at least 7
years of
imprisonment timelines for procedures
the bill prescribes timelines for
various procedures for instance it
requires medical practitioners who
examin rap victims to submit their
reports to the investigating officer
within 7
days trial in absence of offender the
bill provides for conduct of trial and
pronouncement of judgment in the absence
of a proclaimed offender this shall be
done when such a person has absconded to
evade trial and there is no immediate
Prospect of arresting
him the B Saka Bill 2023 was introduced
in the Lo Saba on 11th of August it it
repeals the Indian Evidence Act of
1872 the ACT provides rules for the
admissibility of evidence in legal
proceedings the highlights of bhi Saku
Bill are admissibility of electronic or
digital records as
evidence the bill provides that
electronic or digital records will have
the same legal effect as paper records
it expands electronic records to include
information stored in semiconductor
memory or any communication devices like
smartphones or laptops
oral evidence under the ACT oral
evidence includes statements made before
courts by witness in relation to fact
under inquiry the bill adds any
information given electronically to be
considered as oral
evidence secondary evidence the bill
expands secondary evidence to include
oral and written Admissions and the
testimony of a person who has examined
the document and is killed in the
examination of
documents
El electronic digital record email
server Longs computer smartphone laptop
SMS website locational Saka
device or
messages
vide
record for
science the need to reform and
rationalize the code of criminal
procedure as also the need to undertake
a comprehensive review of the Criminal
Justice System of India has been
expressed from several quarters from
time to time the law Commission of India
in its various reports has recommended
several amendments in the criminal laws
of the country rajas SAA chairman jagde
Tankard referred these three bills to
the department related parliamentary
standing committee on home Affairs on
18th August
2023 for submitting its report within 3
months the committee during its
deliberations held a total of 12
meetings spanning more than 45 hours 19
domain experts were called before the
committee to present their views on the
bills the experts invited to participate
in the deliberations included senior
Advocates practicing in the Supreme
Court and various High courts renowned
University professors retired judge
judges chairman of law Commission of
India retired director general of police
and besides the representations received
from private individuals and
organizations and members of parliament
and ex-members of parliament were also
examined by the committee some of the
major observations and recommendations
of the committee include the text of all
three bills is in English language and
hence the proposed legislations are not
in violation of provisions of article
348 of
Constitution the Sita has widened the
scope of definition of gender by
including transgenders for the first
time community service has been
introduced as a punishment in Sita for
petty
offenses the committee appreciates the
government for introducing death penalty
as a punishment for the offense of gang
rape on a woman below 18 years of age
which was not provided in the
IPC the committee has recommended the
government to seek the opinion of
attorney general and solicitor general
of the country with regard regard to
cross 1012 which is apparently about mob
lynching the committee appreciates the
government for enhancing the punishment
under Clause 104 on causing deaths by
negligence from 2 years to 7 years
however the committee has recommended
reducing this punishment to 5 years as
the proposed punishment of 7 years is
unreasonably long the committee commend
the addition of offense of terrorist act
in the Sita the committee complements
the government in deleting the term
sedition from criminal law by rephrasing
it without compromising the security of
the state the committee has recommended
the government to include section 377 of
IPC in the Sita a recommendation has
also been made to retain section 497 of
IPC on adultery in the sahita by making
it gender neutral this is 75th year of
our independence now the sent
features the b n Sita number of sections
have been reduced from
511 to
356 and the chapters from 23 to 19 this
is
regarding B Nita that is old Indian
Penal Code we have used the word n not a
dund not a
penal because this is a democracy we
are giving Justice not dund not a
penality 24 sections have been deleted
from old Indian penal Court 22 have been
added and a large number of sections
have been
rearranged the existing laws stemming
from the colonial era no longer
represented the present day Dynamics and
aspirations of Indian Society the
existing laws have often been criticized
for for being outdated and not in tune
with the present day needs the proposed
BH n Sita seek to change the nature of
law towards providing Justice rather
than punishment and would be a step
forward to remove traces of colonial
mindset it was a mammoth task of
drafting comprehensive amendments to the
criminal laws and four years of intense
discussions for making new laws that
empi Indian thought process and the
Indian soul a comprehensive review of
Criminal Justice System in our country
was the need of the hour to bring it on
par with the Contemporary aspirations of
the people of India well viewers that's
all I had for you in this Edition thanks
for watching and stay tuned to Sunset TV
goodbye for now from my
[Music]
side
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