Hindu Editorial Analysis : 11-November-2023
The recent introduction of three Bills—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya—marks a significant move by the government to replace the foundational laws of the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA). This essay explores the implications and challenges of this overhaul, emphasizing the need for thorough parliamentary scrutiny.
Significance of the Bills:
The Bills present a unique opportunity for a comprehensive overhaul of the criminal justice system, as they replace entire acts rather than merely amending existing ones. Understanding the key bills involved:
- Bharatiya Nyaya Sanhita Bill replaces the IPC.
- Bharatiya Nagarik Suraksha Sanhita Bill replaces the CrPC.
- Bharatiya Sakshya Bill replaces the IEA.
Issues & Challenges:
- Intersecting Laws:
- Criminal law often addresses offenses against society, while civil law deals with personal loss. The CrPC, however, handles matters like maintenance after divorce, raising questions about its placement under the civil code. The new Bills retain such provisions.
- Reformative vs. Punitive System:
- A shift towards a reformative system is evident with community service as a form of punishment. However, some minor offenses remain non-compoundable, necessitating trial and conviction.
- Maintenance of Public Order and Criminal Prosecution:
- The new Bills retain the CrPC’s structure, encompassing the process of arrest and trial along with provisions for maintaining public order. Questions arise about the need for a separate legislation for public order.
- Codification of Supreme Court’s Directions:
- Experts question whether the Bills adequately codify Supreme Court directions, especially concerning arrests and bail. While the procedure for mercy petitions is codified, other crucial directions remain unaddressed.
- Gender-Related Offenses:
- The Bills align with the Supreme Court’s decisions, eliminating the offense of adultery. However, concerns persist regarding the omission of directions related to gender offenses, leaving ambiguity in the legal framework.
- Overlap with Special Laws:
- The IPC and its replacement bill still specify certain offenses, leading to duplication and inconsistency with newer, more specialized laws. Harmonizing these laws to avoid conflicting penalties and prosecutions becomes crucial.
Why In News
There needs to be proper parliamentary scrutiny of the new Bills replacing the IPC, the CrPC, and the IEA to ensure a fair, just, and efficient criminal justice system. This careful examination is essential to address potential loopholes, safeguard citizens’ rights, and uphold the principles of transparency and accountability in the legislative process.
MCQs about Revamping India’s Criminal Laws
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What is the primary objective of the three Bills introduced to replace the core laws of the Indian criminal justice system?
A. Merely amend existing laws
B. Overhaul the entire criminal justice system
C. Address specific gaps in the current laws
D. Introduce new offenses and penalties
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Which of the following Bills is intended to replace the Indian Evidence Act, 1872?
A. Bharatiya Nyaya Sanhita Bill
B. Bharatiya Nagarik Suraksha Sanhita Bill
C. Bharatiya Sakshya Bill
D. None of the above
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What is a key concern raised in the essay regarding intersecting laws in the criminal justice system?
A. Lack of penalties for offenses
B. Inconsistency across laws
C. Inadequate legal procedures
D. Excessive use of community service
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In terms of gender-related offenses, what change is highlighted in the Bills based on the Supreme Court’s decisions?
A. Introduction of new gender-related offenses
B. Retention of Section 377 of the IPC
C. Elimination of the offense of adultery
D. Codification of various directions related to gender offenses
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