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NEW DELHI — The three bills introduced by the government in Lok Sabha on Friday namely the Bharatiya Nyaya Sanhita Bill, 2023 which seeks to replace the IPC, the Bharatiya Nagarik Suraksha Sanhita Bill which seeks to replace the CrPC and the Bharatiya Sakshya Bill, 2023 which seeks to replace the Indian Evidence Act, aim to protect the rights of citizens.
Home Minister Amit Shah, while introducing the three bills in Lok Sabha, said that they seek to repeal the old British-era laws, which he said, were meant for strengthening British rule, whereas the new proposed laws will give justice to people and not just punish them.
All the three bills have been referred to the Parliamentary standing committee of home, to study them in detail.
[bsa_pro_ad_space id=1]They will also be sent to the Law Commission for its consideration.
The Bharatiya Nyay Sanhita bill seeks to repeal the IPC, which was enacted in 1860.
The new proposed bill will streamline provisions relating to offences and penalties.
It is proposed to provide first time community service as one of the punishments for petty offences.
Also, the offences against women and children, murder and offences against the state have been given precedence.
The various offences have been made gender neutral.
In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added in the Bill with deterrent punishments.
A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added.
The fines and punishment for various offences have also been suitably enhanced.
The Bharatiya Nagrik Suraksha Sanhita bill seeks to repeal the CrPC.
It provides for the use of technology and forensic sciences in the investigation of crime and furnishing and lodging of information, service of summons and other procedures through electronic communication.
Specific time lines have been prescribed for time bound investigation, trial and pronouncement of judgements.
Citizen-centric approach have been adopted for supply of copy of first information report to the victim and to inform them about the progress of investigation, including by digital means.
In cases where the punishment is seven years or more, the victim shall be given an opportunity of being heard before withdrawal of the case by the government.
Summary trial has been made mandatory for petty and less serious cases.
The accused persons may be examined through electronic means, like video conferencing.
The magisterial system has also been streamlined.
The third bill called the Bharatiya Sakshya Adhiniyam, which seeks to replace the Evidence Act, says that 'evidence' includes any information given electronically, which would permit appearance of witnesses, accused, experts and victims through electronic means.
It provides for admissibility of an electronic or digital record as evidence and it shall have the same legal effect, validity and enforceability as paper records.
The proposed bill seeks to expand the scope of secondary evidence to include copies made from original by mechanical processes, copies made from or compared with the original, counterparts of documents as against the parties who did not execute them and oral accounts of the contents of a document given by some person who has himself seen it and giving matching hash # value of original record will be admissible as proof of evidence in the form of secondary evidence.
Lastly, it seeks to puts limits on the facts which are admissible and its certification as such in the courts.
The proposed Bill introduces more precise and uniform rules of practice of courts in dealing with facts and circumstances of the case by means of evidence.