India has taken a major step towards modernizing and reforming its criminal justice system by introducing three new bills that will replace the existing laws that were enacted by the British during the colonial era. The new bills, titled Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and Bharatiya Sakshya Bill, 2023, aim to safeguard the rights of the public and eliminate obstacles in accessing those rights.
The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, which replaces the Indian Penal Code (IPC), 1860, defines various offences and prescribes punishments for them. The BNS Bill has 358 sections instead of 511 IPC sections, while 20 new crimes have been added. The key changes include removal of section of sedition and addition of provisions against terrorism, mob lynching and snatching. The imprisonment sentence has been increased in 33 crimes, while the amount of fine has been increased in 83 crimes. Among the other highlights of the new bill, mandatory minimum punishment has been introduced in 23 crimes while penalty of community service has been introduced in six crimes.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023, which replaces the Code of Criminal Procedure (CrPC), 1898, lays down the procedure for investigation, trial and appeal in criminal cases. The BNSS Bill also introduces several reforms such as electronic filing of complaints and charge sheets, video conferencing for trial proceedings, plea bargaining mechanism for minor offences, victim compensation fund and witness protection scheme.
The Bharatiya Sakshya (BS) Bill, 2023, which replaces the Indian Evidence Act (IEA), 1872, regulates the admissibility and relevance of evidence in criminal cases. The BS Bill also updates the rules regarding hearsay evidence, expert opinion evidence and electronic evidence. The BS Bill also provides for special courts for speedy trial of certain offences such as rape cases.
The Home Minister Amit Shah said that these three bills are aimed at changing the very colonial concept behind the old laws and that the intent now is not punishment but giving justice. He said that India is dispensing with laws made during British rule and is entering a new era with new confidence and new hopes. He also said that these bills will be passed soon by Parliament after getting parliamentary nod from both houses.
The introduction of these three bills has been welcomed by some pro-Kannada groups and activists who have been campaigning for the recognition and preservation of Kannada as one of the official languages of Karnataka. They have also been demanding that Kannada be taught as a compulsory subject in schools and colleges. However, some experts have also questioned the effectiveness and feasibility of these bills saying that they may not have much impact on increasing the usage or awareness of Kannada among people. They have suggested that instead of focusing on language barriers there should be more emphasis on improving education quality infrastructure development and social integration.
