The government has introduced multiple changes to revamp the criminal justice system, including adding new provisions for mob lynching, tweaking bail rules for under-trial prisoners and fixing accountability in hit-and-run cases.
As India’s justice system looks at an overhaul, News18 takes a look at the 10 big changes and their impact:
OLD Vs NEW
The Bhartiya Nagrik Surkasha Sanhita will have 533 sections instead of 478 sections of CrPC. Meanwhile, 160 sections have been amended and nine new sections have been added apart from repealing nine sections.
The Bhartiya Nyaya Sanhita will have 356 sections in place of 511 sections of IPC. A total of 175 sections have been amended, while eight new sections have been added and 22 sections have been repealed/deleted. The Bhartiya Sakshya Adhiniyam will have 170 sections in place of the original 167 sections. A total of 23 sections have been amended, one new added and five sections have been repealed/deleted.
NEW PROVISION FOR MOB LYNCHING
A new provision has been included for crimes related to murder on the basis of race, caste, community etc. for which a provision of minimum seven years imprisonment, life imprisonment or death penalty has been made. As per the new provision for snatching, severe injury leading to almost incapacitation or permanent disability will attract more stringent punishment. There is also a provision for minimum seven to 10 years of imprisonment for those who get crimes committed through children — this fine was very low earlier, ranging between Rs 10 and Rs 500. The fines and punishments for various offences have now been rationalised in the new Code.
CRIMES AGAINST WOMEN
A new offence has been included for making sexual relationships on the basis of false promise of marriage, employment and promotion or fake disclosure of identity etc punishable. The government has also introduced a provision of 20 years of imprisonment or life imprisonment in all cases of gang rape. However, in the case of the girls below 18 years of age, a provision has been made for life imprisonment or death penalty.
CONFISCATION OF PROPERTY LINKED TO THE PROCEEDS OF CRIME
A new section has been added regarding attachment and confiscation of property related to the proceeds of crime. The investigating police officer can make an application to the court to take cognizance that the property has been obtained as a result of criminal activities. This type of property can be confiscated by the court, if the person holding the property fails to give concrete explanation regarding its presence.
TRIAL IN ABSENTIA
A new provision for trial in the absence of the proclaimed offender has been included. This means the case will continue till judgment. Absconding accused, including those who have fled abroad after wiping off public money, will face trial and will be punished even if they refused to join the investigation or process of justice.
SEARCH AND SEIZURE
The government is aiming to achieve a conviction rate above 90 per cent and has introduced mandatory use of forensics in all states/UTs. The use of forensic experts will be mandatory in all cases of offences punishable with imprisonment of seven years or more. The necessary infrastructure in states/UTs will be created within five years.
ZERO & e-FIRs
This will ensure convenience for citizens who want to file ‘Zero FIR’ — outside the limits of that police station but within the state. Provisions have also been added for e-FIR. The state government shall designate a police officer in every district and in every police station who shall give notice of the arrest of any person. Police officers will inform the victim of the progress of the investigation within 90 days, including through digital means.
SEXUAL VIOLENCE
In case of sexual violence, the statement of the victim will be recorded by a woman judicial magistrate. It will also be desirable to record the statement of the victim in the presence of a lady police officer at her residence. While recording such statement, the parent or guardian of the victim may be present. Where the government wants to withdraw the prosecution in cases of imprisonment of 7 years or more, the aggrieved party will be given an opportunity of being heard.
SIMPLIFICATION OF PROCEDURES
The government is claiming that procedures will be simplified. In cases where the punishment is up to three years (earlier two years), the Magistrate may, for reasons to be recorded in writing, conduct a summary trial in such cases. After filing of chargesheet, if further investigation is required, it will be completed in 90 days. Any extension of time beyond 90 days will be granted only with the permission of the court.
In case of warrant, a provision has been made that a time limit of 60 days has been prescribed from the date of first hearing for framing of charge by the court. The accused person can appeal for release within a period of 60 days from the date of notice of framing of charge. After the conclusion of arguments, the judge shall give a decision as soon as possible within a period of 30 days, which may be extended up to a period of 60 days for specific reasons. A maximum of two adjournments can be granted by the court after hearing the objections of the other party and for specific reasons to be recorded in writing.
FIRST-TIME OFFENDER & UNDER-TRIAL PRISONER
According to the Bill introduced by the government, first-time offenders can be released early. A person who is a first-time offender and has served ‘one-third of the imprisonment’ will be released on bail by court. Where the under-trial prisoner has completed ‘half or one third of the term’, the Jail Superintendent shall forthwith make an application in writing to the court. Remission will not be considered to an under-trial prisoner sentenced to life imprisonment or death sentence.
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