Table of Contents
Bhartiya Nyaya Sanhita Bill 2023
- Terrorism: the definition of terrorism adopts the existing definition under the Unlawful Activities Prevention Act (UAPA) 1967. This eliminates unclear language from the original bill.
- Cruelty against women: the bill defines cruelty against women by their husbands or relatives punishable by up to 3 years in jail. However, this does not significantly change the existing law.
- Unauthorized publication of court proceedings: publishing information about rape or sexual assault cases without permission is punishable by 2 years in jail. This excludes reports on high court or supreme court judgements.
- Mental illness: the term “mental illness” is replaced with “unsoundness of mind” in most cases, “intellectual disability” being a separate category.
- Mob lynching: the minimum punishment for mob lynching is increased to match the punishment for murder which is life imprisonment.
Recommendations not included and unresolved issues-
- The bill does not criminalize adultery in a gender neutral way.
- The bill does not criminalize sexual acts which are non-consensual between same sex couples or bestiality.
- The bill leaves some men and transgender people without legal recourse for sexual assault.
- The definition of “petty organized crime” is more precise but may still require clarification.
Bhartiya Nagarik Suraksha Sanhita 2023
- Community service: induced as a compensation for minor offenses. A court can order unpaid work that benefits the community.
- Handcuffing- use is allowed to prevent escape during arrest and court appearances but only for serious crimes like rape and murder.
- Court proceedings via video: the revised bill allows recording testimonies and evidence through audio-visual means in some cases but not for trials or plea bargaining.
- Police custody: the bill allows police custody beyond 15 days in total for investigation which raises concerns about potential misuse.
- Preventive detention: police can detain people to prevent crimes but now they must be released within 24 hours for minor offenses or brought before a judge. Experts argue that this increases the risk of abuse and violates civil liberties.
Bhartiya Sakshya Bill 2023
- The bill clarifies that electronic evidence must follow the same rules for admissibility as traditional paper records. This means it likely needs a certificate to be accepted in court.
(with inputs from news agencies)
