Certain Highlights of three Criminal Bills

·         The Bharatiya Nyaya (Second) Sanhita, proposing to replace the Indian Penal Code,

·         The Bharatiya Nagarik Suraksha (Second) Sanhita, proposing to replace the Code of Criminal Procedure,

1.     'Terrorist Act' is defined as a separate offence under the Bharatiya Nyaya Sanhita (BNS). It will include acts which attack India's unity, integrity, sovereignty, security, economic security, or spreads terror among any group

2.     The offence of 'sedition' omitted. BNS penalises acts endangering the unity and integrity of India(Clause 150). While sedition criminalised acts against the government, the BNS replaces the government with the country. 'Rajdroh' has been changed as 'deshdroh'. Citizens have the right to speak against the government and it should be protected. But acts against the nation cannot be tolerated.

3.     'Mob lynching' has been made a separate offence under the BNS, with a maximum punishment of death penalty.

4.     'Community service' For several minor offences, has been made an option of punishment instead of imprisonment.

5.     Compulsory collection of forensic evidence in the investigation, which will strengthen prosecution.

6.     Audio-video recording of the statement of the victim of a sexual violence case made mandatory.

7.     Director of Prosecution to decide for appeals-There will be an independent Director of Prosecution in every district to decide whether appeals should be filed, independent of the recommendations of the police or prosecution.

8.     Accountability of the police.-Provisions introduced to fix the accountability of the police.

9.     Victim-centric justice -Provisions introduced to ensure victim-centric justice.

10.   FIR Registration-Provisions made for Zero FIR registration. Victim can approach any police station, not necessarily the jurisdictional police station. The FIR will be transferred to the jurisdictional police station within 24 hours.

11.  Withdrawal of cases by state -Courts cannot allow the State to withdraw cases without hearing the victims.

12.  Police report to victim-Serving of copies of the police report on the victim made compulsory. Victim to be informed of the progress of the investigation within 90 days.

13.  Inquiries and trials in electronic mode- All inquiries and trials can be conducted in electronic mode.

14.  Offences against the human body given priority - Offences against women and children brought to the beginning of the BNS. For example, murder is now placed at cluase 102 of the BNS, instead of Section 302 in the IPC.

15.  Special provisions in rape cases-Separate provisions to deal with offences against women and children. In case of rape of a girl under 18 yrs, life imprisonment and death penalty can be given. In gang rape, 20 years or imprisonment for rest of life. Consensual sex with a wife aged above 15 was not an offence as per IPC; this age limit now increased to 18 years.

16.  Punishment in 'Hit and Run'cases-  For 'Hit and Run', the punishment is up to 10 years imprisonment. But if after the accident, the offender takes the victim to the hospital, or police, lesser punishment will be given.

17.  'Snatching' has been made a separate offence.

18.  Separate provision 'grievous hurt'- For the offence of 'grievous hurt', a separate provision made to deal with cases where the victim becomes brain dead to prescribe more stringent punishment up to ten years.

Provisions relating to FIR, chargesheet, trial

19.  BNSS prescribes compulsory timeframes for FIR- CrPC did not prescribe any time limit for FIR. But BNSS prescribes compulsory timeframes. FIR has to be registered within 3 days of making a complaint in cases of lesser offences. For offences with imprisonment between 3 and 7 yrs, within 14 days preliminary investigation has to be completed and FIR should be registered on that basis.

20.  Investigation within 90 days - Investigation has to be completed within 90 days of filing the first chargesheet. Leave of the Court needed to continue further investigation beyond this period.

21.  Congizance of the chargesheet within 14 days.-Magistrate has to decide on taking congizance of the chargesheet within 14 days.

22.  Time limit medical reports -Time limit introduced for sending the medical reports of victims of sexual violence cases.

23.  Timeline for filing discharge applications - Timeline prescribed for filing discharge applications, framing of charges, deciding discharge petitions.

24.  Trial in absentia. If accused does not appear before court within 90 days, trial can be carried out in absentia.

25.  Undertrial detention period considered- For first time offenders, if undertrial detention for 1/3rd period of sentence then can be released, in other cases, 1/2 period.

26.  Judgment within 45 Days -Judgment has to be delivered within 45 days after conclusion of hearing.

27.  Mercy petition only by convict -Only convict can file mercy petition against death penalty. NGOs or third parties cannot file mercy petition. Mercy petition has to be filed within 30 days after the decision of the Supreme Court on appeal.

28.  e-FIR : Provisions introduced for electronic registration of FIR. This will particularly benefit women, who might be hesitant to appraoch police station to report sexual violence.

29.  Video recording made compulsory during search procedures.

30.  Visit of Forensic Science Laboratory team made compulsory at crime sites. Forensic evidence will ensure conviction rates will increase.

31.  Summary Trials - Earlier, summary trials were possible only for offences punishable upto 2 years. Now it has been increased to three yeras.