3 New Criminal Laws that Alter Judicial Functions

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.

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.

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)