The central government has introduced three new bills to replace “signs of slavery” and will be repealing the Indian Penal Code, Criminal Procedure Code and Indian Evidence Act, so as to make the criminal justice system more victim friendly.
The Indian Penal Code (IPC), 1860, has been reintroduced as the Bharatiya Nyaya Sanhita, the Code of Criminal Procedure, 1973, as the Bharatiya Nagrik Suraksha Sanhita and the Indian Evidence Act, 1872, will be known as the Bharatiya Sakshya Adhiniyam once notified.
Search and seizure operations will now be videographed through electronic devices and, for the first time, the Centre has defined terrorism.
Remissions have been rationalised and, with the implementation of these bills, commutation of death sentence to life imprisonment; commutation of life sentence to imprisonment for a term of seven years; commutation of sentence of seven years’ imprisonment to three. A new provision has been included for crime related to murder on the basis of race, caste, community for which a provision of minimum seven years’ imprisonment or life imprisonment or death penalty has been made.
Erasing colonial legacy
A home ministry official said there is a “colonial imprint” on the criminal law process. British laws enacted 160 years ago were intended to protect the interests of the British and their government in London – sedition and protection of treasury got precedence over murder and crime against women. The aim was to make British rule paramount rather than safeguard human rights.
Complex procedures in the IPC, CrPC and Indian Evidence Act has led to high pendency of cases in court; inordinate delay in the delivery of justice; poor and socio-economically backward communities being deprived of justice; low conviction rates; overcrowding in prisons; and a large number of undertrial prisoners.
Colonial words removed
The government has removed certain colonial words. These words were in rampant use in these three legislations, which the judicial system was using even after independence. These words include ‘Parliament of the United Kingdom’, ‘Provincial Act’, ‘London Gazette’, ‘jury’, ‘barrister’, ‘Lahore’, ‘Commonwealth’, ‘United Kingdom of Great Britain and Ireland’, ‘Her Majesty’s Government’, ‘Possession of the British Crown’, ‘Court of Justice in England’, ‘Her Majesty’s Dominions’ among others.
Issue not raised for the first time
Before taking a final call on the three bills, previous governments, too, had received recommendations for reforms in the criminal justice system. The Law Commission of India has recommended amendments in different reports with committees like the Bezbaruah Committee, Viswanathan Committee, Malimath Committee, Madhav Menon Committee recommending reforms. The parliamentary standing committee on home affairs in its 146th report in 2010, 128th report in 2006 and 111th report in 2005, called for reforms.
Lengthy consultation process
In 2019, the ministry of home affairs initiated this reform process. The union home minister wrote a letter to all governors, chief ministers, lieutenant governors or administrators in September 2019. In January 2020, suggestions were sought from the Chief Justice of India, chief justices of all high courts, bar councils and law universities.
In December 2021, suggestions were sought from MPs, while the Bureau of Police Research and Development sought suggestions from all IPS officers. A committee was set up under the chairmanship of the vice-chancellor of the National Law University Delhi.
Thousands of suggestions received
According to the government, it received thousands of suggestions. A total of 18 states, six union territories, the Supreme Court, 16 high courts, five judicial academies, and 22 law universities sent their suggestions. A total of 142 MPs, IPS officers as well as state and central forces also sent in their suggestions. The home minister held about 58 formal and 100 informal review meetings.
Use of technology
The government is claiming that electronic and digital records, email, server logs and documents available on the computer, smartphones or laptop messages, website, and locational evidence, will be used to meet the challenges of next level technology. Mail messages will be available on digital devices, FIR to case diary, case diary to chargesheet judgment will be digitised.
Interestingly, issuances and servicing of summons as well as warrants and their execution will also be digital. For the examination of the complainant and witnesses, a register shall be maintained by all police stations and courts containing email addresses, phone numbers or other similar details, while summons will be duly sent by electronic means.
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