BHARATIYA NYAYA SANHITA 2023
- Bharatiya Nyaya Sanhita (BNS), 2023 is a proposed new penal code for India. It was introduced in Lok Sabha on August 11, 2023, and is currently being debated in Parliament.
- The BNS would repeal and replace the Indian Penal Code, 1860 (IPC). The IPC is the principal law on criminal offences in India, and has been in force for over 160 years.
- The BNS aims to bring about a comprehensive transformation in the way justice is administered in India.
- It introduces new categories of offences, such as cybercrimes, terrorism, hate crimes, honour crimes, and mob lynching. It also offers special provisions for protecting women, children, senior citizens, and other vulnerable sections of society.
2.Bhartiya Saksha(BS) Bill, 2023
- The Bhartiya Saksha (BS) Bill, 2023 is a bill that was introduced in the Lok Sabha, the lower house of the Indian Parliament, on August 11, 2023. The bill is intended to replace the Indian Evidence Act, 1872.
- The BS Bill is a comprehensive piece of legislation that sets out the rules and principles of evidence in India. It covers a wide range of topics, including the admissibility of evidence, the burden of proof, and the presumption of innocence.
- One of the most significant changes that the BS Bill makes is to the admissibility of electronic records as evidence. The current Evidence Act only allows paper documents to be entered as evidence.
- The BS Bill, on the other hand, explicitly allows electronic records to be admitted as evidence, provided that they have been authenticated. This is a major change that will have a significant impact on the way evidence is collected and presented in court
3.Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Bharatiya Nagarik Suraksha Sanhita (BNSS) is a bill that was introduced in the Lok Sabha, the lower house of the Indian Parliament, on August 11, 2023. The bill is intended to replace the Code of Criminal Procedure, 1973.
- The BNSS is a comprehensive piece of legislation that sets out the procedures for the investigation, prosecution, and trial of offences in India. It covers a wide range of topics, including the arrest of suspects, the collection of evidence, and the rights of the accused.
- One of the most significant changes that the BNSS makes is to the period of police custody. Under the current Code of Criminal Procedure, a suspect can be held in police custody for up to 15 days.
- The BNSS, on the other hand, allows for a period of up to 60 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years. This is a major increase in the powers of the police and has been criticized by some as a threat to the rights of the accused.
4.Police and Judicial Custody
Under the CrPC, there are provisions related to police custody and judicial custody:
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Police Custody: Section 167 of the CrPC deals with the period of police custody. In general, the maximum duration of police custody is 15 days, but it is subject to certain conditions and safeguards. After the arrest, a person can be detained in police custody for a maximum of 24 hours. However, if the investigation requires further detention, the police can apply to a magistrate for permission to extend custody. The magistrate can grant police custody for a total period not exceeding 15 days in the aggregate.
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Judicial Custody: If the police custody exceeds the initial 24 hours or the 15-day limit, the accused must be produced before a magistrate. The magistrate can then decide whether the accused should be remanded to judicial custody. Judicial custody can be for a longer duration, and the accused may apply for bail during this time.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), which was passed by the Indian Parliament in 2023, has a number of provisions that regulate the duration of police custody and judicial custody.
- Police custody
Under the BNSS, a suspect can be held in police custody for up to 60 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years. This is a major increase from the 15-day limit under the Code of Criminal Procedure, 1973 (CrPC).
In contrast, under the CrPC, a suspect can be held in police custody for up to 24 hours for a bailable offence, and up to 15 days for a non-bailable offence. The police can seek an extension of the custody period for a maximum of 15 days, but this extension must be approved by a magistrate.
- Judicial custody
A suspect who is produced before a magistrate after the expiry of the police custody period is remanded to judicial custody. The duration of judicial custody is determined by the magistrate, and can be up to 60 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years.
The BNSS also introduces a new provision for the detention of a suspect in judicial custody for a period of up to 180 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years. This provision is subject to the approval of a high court.
5. Way forward
The increase in judicial custody has also been criticized by human rights groups and lawyers, who argue that it is unnecessary and could lead to the pre-trial detention of suspects for prolonged periods of time. They point out that the presumption of innocence is enshrined in the Indian Constitution, and that suspects should only be detained if there is a reasonable suspicion that they have committed an offence.
The government has defended the increase in judicial custody, arguing that it is necessary to prevent suspects from fleeing the country or destroying evidence. They point out that the CrPC's 60-day limit is often not enough time to complete the trial of serious offences
