Reforming India's Criminal Laws Flashcards
Q. Which 3 bills are introduced by the government to replace the existing criminal laws in India ?
Ans : 1. Bharatiya Nyaya Sanhita 2023 replacing IPC, 1860.
2. Bharatiya Nagarik Suraksha Sanhita 2023 replacing CrPC, 1973.
3. Bharatiya Sakshya Bill 2023 replacing the Indian Evidence Act, 1872.
Q. What was the need of these bills ?
Ans : 1. Addressing large Pendency in courts.
2. Timely justice delivery : Complex legal procedures have led to many undertrials languishing in jails ( constituting around 70% of the prison population).
3. Increasing conviction rates .
4. Evolution of criminal justice system : Societal changes and emerging challenges require an evolving and adaptable criminal justice system
5. Erasing colonial legacy .
Q. What is the aim of the Bharatiya Nyaya Samhita 2023?
Ans : 1. Strengthen law and order.
2. Focus on simplifying the legal procedure .
3. Make existing laws relevant to the contemporary situation of the common man.
Q. What are some Major Provisions of Bharatiya Nyaya Samhita, 2023?
Ans : 1. Removes the offence of sedition (Section 124A of IPC) .
2. Defines terrorism as an act that intends to threaten the unity, integrity, and security of the country, to intimidate the general public or disturb public order.
3. Defines organised crime as a continuing unlawful activity such as kidnapping, exporting, contract killing financial scams, cybercrime etc, carried out by individuals acting singly or jointly as members of kr on behalf of a crime syndicate.
Q. What are some potential impact of Bharatiya Nyaya Sanhita, 2023?
Ans : 1. Subjective interpretation: Unclear definitions of words like criminal activity, Subversive activities, Terrorist acts etc.
2. Enhanced policing powers.
3. Delays in existing trials .
Q. What are some Major Provisions of Bharatiya Nagarik Suraksha Sanhita 2023 ?
Ans : 1. Detention of undertrials : first time offenders will be released on bail if they have completed detention for 1/3rd of the maximum imprisonment for an offence .
2. All trials, inquiries and proceedings can be held in electronic mode.
3. Mandates forensic investigation for offence punishable with at least 7 years of imprisonment.
4. Allows for the collection of specimen signatures, handwriting, finger impressions and voice samples from any person, whether arrested or not.
5. Prescribes timelines for various procedures such as giving judgement , informing victims of the progress of the investigation and framing of charges.
Q. What are some potential impacts of Bharatiya Nagarik Suraksha Sanhita, 2023 ?
Ans : 1. Expedited case disposal.
2. Integration of technology.
3.Improvement in rights of victims .
4. Fairness in investigation: Mandatory video recording of search and seizure seeks to address fairness in police investigations .
5. Increase in detention period : period during which an arrested person can be send to police custody has been expanded.
Q. What are some Major Provisions of the Bharatiya Sakshya Bill 2023?
Ans : 1. Electronic or digital records as evidence : will have the same legal effect as paper records .
2. Oral evidence : information given electronically to be considered as oral evidence .
3. Joint trails : trial of more than one person for the same offence .
Q. What are some potential impacts of Bharatiya Sakshya Bill, 2023?
Ans : Expansion in the use of electronic evidence : can lead to reduction in wrongful convictions and provide help in investigating cases faster.
2. Issues of privacy : Emerges from the seizure of electronic devices a d access to the sensitive information that may be stored with them.
Q. Write a conclusion for the topic “ Reforming India’s Criminal Laws”.
Ans : The potency of reforms in the criminal justice system hinges on their alignment with its capacity to implement it effectively. The success of criminal law reforms has to take an arduous journey from its inception, formulation, implementation approach and regular oversight.
