New Delhi (Agency): The Indian government is set to make historic changes in its criminal justice system. These modifications, presented in the Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, seek to modernize and streamline procedures, heavily relying on technology.
The BNSS Bill, alongside the Bharatiya Nyaya Sanhita (BNS) Bill and the Bharatiya Sakshya (BS) Bill, intends to replace old legal frameworks such as the Indian Penal Code of 1860 and the Indian Evidence Act of 1872. These three reformative proposals have been passed to a parliamentary committee for a deeper review.
A remarkable feature of the BNSS Bill is its alignment with the government’s Digital India campaign. This initiative aims to digitally transform the nation, and the Bill encourages the judicial system to adapt to this vision. A prime example is the proposition to allow court trials via video-conferencing.
For government officials, the Bill introduces an essential change. In cases like sexual offences and human trafficking, there won’t be a need to seek permission or a “sanction” to initiate prosecution against a government officer. If the government does not decide on granting or rejecting this sanction within 120 days of a request, it will automatically be considered approved.
The new provisions in the BNSS also include strict penalties for acts against foreign nations that are at peace with India. Specifically, any individual “waging war against the government of any foreign state at peace with the government of India” could face life imprisonment or up to seven years in jail, potentially with an additional fine.
Moreover, the Bill reinforces the urgency of justice delivery. It mandates that charge sheets in criminal cases should be filed within 90 days. Following a trial’s conclusion, the court’s judgment should be pronounced within 30 days.
When it comes to arrests, the Bill clarifies situations where handcuffs may be used. A police officer may resort to handcuffs for “habitual, repeat offenders” or those who have committed serious crimes, including terrorism, murder, and human trafficking, among others.
The embrace of technology is evident in various provisions. For instance, the Bill allows for the collection of an individual’s signature, handwriting, voice, or finger impressions during investigations, even if they haven’t been arrested. It also proposes that citizens can lodge a ‘Zero FIR’ at any police station, irrespective of its jurisdiction. This report should then be transferred to the appropriate station within 15 days.
Transparency and efficiency are recurring themes. The Bill stresses that procedures like filing charge sheets, recording statements, and even trials can be conducted electronically. Furthermore, it emphasizes timely communication to victims about case updates, using digital means where possible.
The introduction of these bills is a monumental step towards modernizing India’s legal landscape. By replacing outdated laws and procedures with more contemporary, technology-driven methods, the government aims to make the justice system more efficient, transparent, and in line with today’s digital age.
