Transforming India's Criminal Justice System in 2024

Transforming India's Criminal Justice System

In a landmark initiative to reform the criminal justice system, three newly enacted laws will come into effect from July 1, 2024. These are the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). These laws are set to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act of 1872, respectively.

Bharatiya Nyaya Sanhita (BNS) Key Changes

• Community Service: Introduction of community service as a form of punishment.
• Stringent Measures for Sexual Offences: Imprisonment of up to ten years and fines for deceitful sexual intercourse.
• Organised Crime: Comprehensive legal scrutiny for various illegal activities, including kidnapping and human trafficking.
• National Security: Defined penalties for terrorist acts, enhancing national safety.
• Mob Lynching: Severe penalties, including death or life imprisonment for mob lynching.

Bharatiya Nagarik Suraksha Sanhita (BNSS) Key Changes

• Bail for Under-trial Prisoners: First-time offenders can obtain bail after serving one-third of their maximum sentence.
• Mandatory Forensic Investigation: Required for offences punishable by a minimum of seven years of imprisonment.
• Timelines for Procedures: Specific timelines established for various legal procedures to expedite the criminal justice process.

Hierarchy of Courts

• Magistrate’s Courts
• Sessions Courts
• High Courts
• Supreme Court

Bharatiya Sakshya Adhiniyam (BSA) Key Changes

• Electronic Evidence: Streamlined rules and expanded scope for secondary evidence.
• Detailed Disclosure Formats: New formats prescribed for electronic records, enhancing clarity and accountability.

Frequently Asked Questions (FAQs)

Q1. What is the Bharatiya Nyaya Sanhita (BNS)?
Answer: The BNS replaces the IPC and introduces significant changes in penal law, including community service as punishment, stringent measures for sexual offences, and comprehensive legal scrutiny for organised crime.

Q2. How does the Bharatiya Nagarik Suraksha Sanhita (BNSS) change criminal procedures?
Answer: The BNSS replaces the CrPC and introduces key procedural changes, such as bail for under-trial prisoners, mandatory forensic investigations for serious crimes, and specific timelines for legal procedures to expedite the criminal justice process.

Q3. What are the key features of the Bharatiya Sakshya Adhiniyam (BSA)?
Answer: The BSA replaces the Evidence Act, updating rules on electronic evidence and expanding the scope of secondary evidence with detailed disclosure formats for electronic records.

Q4. How will mob lynching be addressed under the new laws?
Answer: Mob lynching involving five or more individuals will be punishable by death or life imprisonment, with additional fines imposed on each group member.

Q5. What procedural timelines are introduced in the BNSS?
Answer: Medical reports must be submitted within seven days, judgments delivered within 30-60 days, victims notified of investigation progress within 90 days, and Sessions courts must frame charges within 60 days from the first hearing.

UPSC Practice MCQs

Question 1: What does the Bharatiya Nyaya Sanhita (BNS) aim to achieve?
A) Replace the Indian Constitution
B) Reform the criminal justice system
C) Abolish the death penalty
D) Introduce new taxes
Correct Answer: B

Question 2: What is a significant feature of the Bharatiya Nagarik Suraksha Sanhita (BNSS)?
A) Decreasing penalties for crimes
B) Mandatory forensic investigations
C) Total abolition of bail
D) Introducing new court hierarchies
Correct Answer: B

Question 3: How does the Bharatiya Sakshya Adhiniyam (BSA) change evidence rules?
A) It eliminates electronic evidence
B) It introduces new disclosure formats
C) It restricts secondary evidence
D) It abolishes the Evidence Act
Correct Answer: B