Colonial era criminal codes will make way for the newly enacted Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam from Monday with the government promising that it will completely overhaul the criminal justice system in the country. The shift to the new criminal code regime comes even as the Opposition demanded a postponement in its implementation citing that it was discussed in their absence in Parliament during the previous Lok Sabha.
While states, police forces and judicial agencies have conducted training sessions, there are apprehensions about a smooth rollout of the new codes, which were passed in Parliament on December 21 last year and got President's assent four days later. Here's a lowdown on the same:
The Bharatiya Nyaya Sanhita will replace the 163-year-old Indian Penal Code while Bharatiya Nagarik Suraksha Sanhita will make way for the 126-year-old Criminal Procedure Code and Bharatiya Sakshya Adhiniyam replaces the 151-year-old Indian Evidence Act. A large part of the existing codes were retained.
Bharatiya Nyaya Sanhita: 358 IPC: 511
Bharatiya Nagarik Suraksha Sanhita: 531 CrPC: 478
Bharatiya Sakshya Adhiniyam: 170 IEA: 167
Provides for trial and judgement of those who are absconding
Allows of technology and forensic sciences in investigation of crime
Allows issuing summons through electronic communication
Summary trial made mandatory for petty and less serious cases
Victim will have the opportunity to be heard before the withdrawal of a case in which the punishment is above seven years.
Accused could be examined through electronic means like video conferencing during court hearings
Statement of rape victims to be recorded by woman police personnel in presence of her guardian or relative
Medical reports to come within seven days
Arrested person has right to inform a person of his choice about her arrest
Provisions for Zero FIR, e-FIR
Forensic examination mandatory for offences punishable with seven years or more. Forensic experts to visit crime scenes and collect evidence
Maximum of two adjournments to avoid unnecessary delays in case hearings
Women, persons below 15 years and above 60 years, and those with disabilities or acute illnesses exempted from going to police stations
Mandatory videography of crime scenes
Omits criminalisation of non-consensual homosexual activities
Organised crimes and organised petty crimes defined
Marital rape not included in code
Minimum 20 year prison term and penalty is a girl below 12 years raped
Community service introduced for petty offences like causing annoyance by a drunkard
Attempting suicide remains offence, community service along with jail term
Terrorism defined
All trials, inquiries, and proceedings may be held in electronic mode
Electronic or digital record admissible as evidence
Allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. This may lead to denial of bail for the entire period if the police have not exhausted the 15 days custody.
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