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• 🔄 The Indian Penal Code of 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 are being repealed and replaced with updated legislation.
• 🗓️ The new bills aim to address issues like case backlog, low conviction rates, outdated fines, prison overcrowding, and delayed justice.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.

Outlines

00:00

📚 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.

05:02

🛡️ 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.

10:04

🏛️ 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.

Keywords

💡Criminal Justice System

The criminal justice system refers to the institutions and processes involved in the administration of criminal law. In the video, it is highlighted that India's criminal justice system is set for a complete overhaul, aiming to replace colonial-era codes with new legislation that will speed up trials and improve conviction rates.

💡Overhaul

Overhaul means to restructure or revise something thoroughly. In the context of the video, the Indian government is introducing key bills to overhaul the criminal justice system, which has been criticized for being outdated and not aligned with modern needs.

💡Colonial Codes

Colonial codes refer to the laws and regulations that were established during the colonial era, often to serve the interests of the colonial power. The script mentions that India's criminal justice system has been predominantly shaped by these colonial-era laws, which are now being replaced.

💡Consolidation

Consolidation in legal terms often refers to the process of combining or integrating laws or regulations. The video discusses the consolidation of existing laws into new bills, such as the BH n Sanita, 2023, which is meant to replace the Indian Penal Code of 1860.

💡Speedy Justice

Speedy justice implies the prompt and efficient administration of legal proceedings. The new bills aim to address the issue of case pendency and delays in the justice system by laying down specific timelines for various procedures.

💡Quality of Evidence

The quality of evidence pertains to the reliability and validity of the information presented in a legal case. The video mentions that improving the quality of evidence is one of the objectives of the new legislation to enhance conviction rates.

💡Victims' Protection

Victims' protection involves legal measures to ensure the safety, well-being, and rights of those affected by crime. The script highlights that the new bills aim to provide relief and protection to victims, which is a key aspect of the overhaul.

💡Parliamentary Committee

A parliamentary committee is a group of members of parliament appointed to consider, investigate, or report on specific matters. In the video, the committee on home affairs is mentioned as having reviewed the proposed bills and provided recommendations.

💡Forensic Evidence

Forensic evidence refers to scientific information used in legal investigations and proceedings. The script notes that the new bills aim to improve the use of forensic evidence to reduce delays in the investigation and hearing processes.

💡Death Penalty

The death penalty is the most severe form of punishment, involving the execution of a person convicted of a serious crime. The video discusses the expansion of the death penalty to include gang rape of women below 18 years of age, as part of the new legislation.

💡Gender Neutral

Gender neutral refers to language, policies, or practices that do not distinguish between or favor one gender over another. The script mentions the recommendation to make section 497 of the IPC on adultery gender neutral, reflecting a move towards equality in the legal framework.

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