Sweeping criminal justice reforms with ‘Nyaya Sanhita 2023’
NEW DELHI: In a move towards modernising India’s criminal justice system, the government announced the Bharatiya Nyaya Sanhita 2023, a comprehensive set of reforms initiated in 2019 and shaped by extensive consultations with various stakeholders. The reforms encompass three key legislations: Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.
It reduced sections from 511 to 358, streamlining and focusing on crucial aspects. In terms of crimes against women and children, a new chapter addressing offences against them was introduced, with stringent provisions including life imprisonment and the death penalty for specific offences. The definition of ‘terrorism’ was established for the first time, carrying severe penalties such as death or life imprisonment without parole.
A new section was introduced regarding organised crime, covering a range of offences with harsh penalties and fines. Victim-centric reforms emphasise rights such as participation, information, and compensation. The institutionalisation of zero FIR filing and timely information to victims are notable aspects of these reforms. In the context of eliminating sedition, the focus shifted to activities threatening the sovereignty or unity and integrity of India.
The ‘Bharatiya Nagrik Suraksha Sanhita’ highlights the introduction of time limits for various stages of criminal proceedings to expedite justice. It promotes the comprehensive use of technology, including e-FIR, digitization of case documents, audio-video recording of statements, and mandatory forensics in serious crimes. The accountability of search and seizure operations involves recording police operations through electronic devices, ensuring transparency and accountability. Forensic reforms mandate evidence collection for crimes with imprisonment of 7 years or more, aiming for a 100 per cent conviction rate.
The ‘Bharatiya Sakshya Adhiniyam’ includes electronic or digital records, emails, server logs, and locational evidence as valid documents. It establishes stringent standards for the admissibility, validity, and enforceability of electronic or digital records as evidence. Additionally, it adds more types of secondary evidence for a comprehensive legal framework.
The reform effort commenced in 2019 when the Union Home Ministry sought suggestions from various stakeholders. Over 3,200 suggestions were received from different entities, including states, union territories, the Supreme Court, High Courts, judicial academies, parliament members, IPS officers, and police forces. The ministry personally oversaw more than 150 meetings to examine these suggestions thoroughly. These reforms mark a significant shift in India’s criminal justice system, prioritising expeditious trials, and victim rights, and leveraging technology for transparency and accountability.
