Bills overturn colonial legacy, signal major shift in criminal justice sytem

New Delhi, Aug 13 (SocialNews.XYZ) Setting the stage for a monumental shift in India's justice system, the three bills have been introduced in the Lok Sabha aiming at transforming the justice system and erasing remnants of colonial-era laws.

These bills are not mere legislative amendments; they are bold strokes on the canvas of progress, meticulously crafted to erase the vestiges of colonial-era laws and sculpt a future of fairness and inclusivity.

The bills propose a comprehensive overhaul of key legal codes that have long been criticised for their complexity, lengthy procedures, and bias against socio-economically marginalised communities.

But these bills are more than amendments; they are the heartbeat of societal evolution. 

The Bhartiya Sakshya Adhiniyam (Indian Evidence Act) Amendment Bill focuses on modernising the Indian Evidence Act of 1872. With 170 sections, the bill introduces one new section, amends 23 sections, and repeals five sections. The amendments expand the definition of acceptable evidence to encompass electronic and digital records, such as emails, server logs, and smartphone messages. This change is expected to enhance the efficiency and reliability of evidence collection and presentation in court proceedings.

Speaking to IANS, Technology Lawyer Molshree Shrivastava said: "In line with the push for Digital India, the Bharatiya Sakshya Bill, 2023 explicitly provides for the admissibility of electronic records as evidence. While this is permissible under the existing Indian Evidence Act, 1872, the proposed introduction of Section 61 in the Bill provides much-needed clarity, especially when read with the proposed definition of “document” which, among other things, includes emails, computer logs, and messages as examples of the same," 

"In addition, in line with the current Act, presumptions in favour of secure electronic records and secure digital signatures have been retained, such that their validity, authenticity, and integrity will be presumed by courts unless proven otherwise," she added.

The purpose of bills isn't only to advance, but also to reduce pending cases using technology and creative legal approaches.

It is noteworthy that the bills have undergone a comprehensive consultation process, seeking input from legal experts, law enforcement officials, universities, high courts, and Members of Parliament.

"With the advent of time and increase in the use of technology in every aspect of our lives, including by different government offices and investigating agencies, the Bharatiya Sakshya Bill, 2023 when it comes to dealing with electronic evidence is a much needed overhaul of the previous provisions of the Indian Evidence Act, which dealt with electronic evidence," Advocate Nishaank Mattoo said.

The proposed amendments are focused on technology-driven solutions to reduce the backlog of cases and enhance the efficiency of legal proceedings. 

From digitising evidence collection to the use of technology in police operations and witness protection, these reforms envision a justice system that harnesses the power of technology for better outcomes.

"While amendments had been made in Indian Evidence Act over time to include and make admissible electronic evidence in the Indian legal system they were generic and non-specific. The Bharatiya Sakshya Bill, 2023 recognises the fact that in the 21st century a lot of the evidence adduced in trials is in electronic form and is a comprehensive code which deals with the same. Amongst other things it makes electronic documents admissible in evidence the same as paper documents," he said.

The Bhartiya Nagrik Suraksha Sanhita (Criminal Procedure Code (CrPC)) Amendment Bill seeks to revamp the CrPC, which dates back to 1898 but was extensively amended in 1973. The bill proposes 533 sections, an increase from the existing 478 sections, with 160 sections amended, 9 new sections added, and 9 sections repealed. 

The amendments emphasise the use of technology, ensuring that the legal process keeps pace with the digital age. The bill mandates the digitisation of various legal processes, including evidence collection, summons issuance, and witness testimony.

The Bhartiya Nyaya Sanhita (Indian Penal Code (IPC)) Amendment Bill seeks to streamline and modernise the IPC, originally enacted in 1860. With a total of 356 sections, the bill aims to simplify the IPC, which currently has 511 sections.

Terrorism has been defined for the first time in the Bhartiya Nyaya Sanhita. It has been made a punishable offence.

By addressing complex procedures and removing outdated language, the bill aims to expedite legal proceedings and ensure more timely justice delivery. 

The bill has introduced eight new sections and repealed 22 sections, eliminating colonial-era terminology and emphasising citizens' rights.

"The Bharatiya Nyaya Sanhita, 2023 which replaces the IPC on the other hand is a combination of hits and misses. The controversial sedition law which the government has time and again been accused of misusing to scuttle voices of dissent has been retained. Though the term sedition is missing from the new code, similar offences such as one under Section 150 duly finds its place in the new code," Mattoo said.

On tackling social issues, the bills introduce numerous innovative provisions, such as the inclusion of community service as a form of punishment, simplification of procedures for petty cases through summary trials, and stricter actions against criminals, including those responsible for hit-and-run incidents. 

Moreover, the bills bring forth the need for protection of witnesses and victims, addressing concerns about their safety and well-being during legal proceedings.

The bills also cover various aspects of the justice system, ranging from tackling terrorism and organised crime to addressing crimes against women. 

They propose stringent punishments for offenses such as mob lynching and gangrape. The bills underscore a commitment to ensuring that the justice system is accessible, transparent, and equitable for all citizens.

Criminal lawyer Anant Malik said: "The Bharatiya Nyaya Sanhita, 2023 (to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto) has its focus on crime against women and further tackling social issues."

"The amended laws seek to provide better recognition to offences which have become part and parcel of the society and the existing laws have failed to tackle issues hovering around personal injury impacting the society," he said.

These bills aim to address the lingering colonial legacy in India's legal system. The existing laws were enacted during British rule to serve the interests of the British government, often at the expense of human rights and justice for Indian citizens. 

"While the crime against women has increased multifold in the past few decades, the British era laws were handicapped and failed to have a deterrence effect. Thus a move to repeal and replace the existing laws has always been a need of the hour. The proposed law in terms of offences against women have not only added a new offence for making sexual relationships on the basis of false promise of marriage, employment and promotion or fake disclosure of identity etc, but also propose harsher punishments," Malik told.

Now there will be provision of 20 years of imprisonment or life imprisonment in all cases of gang-rape and in the case of girls below 18 years of age, provision has been made for life imprisonment or death penalty. 

"The aim and objective behind criminalising certain acts against women and further providing for harsher punishments is to curb the increasing crime rate in order to provide better governance in the society. The imbalance as it exists in terms of increase in crime and safeguards to curb the same ought to be cured in a positive manner," he said.

"Of course introduction of deterrent laws is just a first step as it is the implementation and adjudication coupled with the laws which ensures a complete balance for effective overall governance. However, laws are themselves not free from misuse as can be seen from various examples of fake rape cases, cases of honey-trapping and instances of women misusing the existing laws to settle scores have time and again come to the fore before the Courts of Law," said Malik.

A glaring example is misuse of Section 498 A IPC by the wife against her husband and relatives. Day in day out the courts deal with and witness numerous bail applications in motivated cases of rape and honey traps. 

"The judiciary and the police will also have to prepare themselves to separate the grain from the chaff so that misuse of laws can be curbed and prevented. The responsibility of the agencies to act with caution becomes increased with harsher laws," he said. 

Similarly, in terms of social issues the new provision for mob lynching has been included for the crime related to murder on the basis of race, caste, community, etc., for which provision of minimum seven years imprisonment/ life imprisonment /death penalty has been made. 

"With the overburdened courts and the practical difficulties of policing though the laws are a welcome change; it is the implementation of the same in a fair manner which will be the true test of these laws. Thus in a nutshell new offences with stricter punishments have been introduced in essence to tackle the social issues," Malik said.

Source: IANS