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Reforming India's Criminal Justice System - Coggle Diagram
Reforming India's
Criminal Justice System
Proposed
Legislation
Overview
Bharatiya Nagarik Suraksha Sanhita Bill:
Aims to replace the current Code of Criminal Procedure (CrPC) of 1973 for streamlining criminal justice procedures.
Bharatiya Sakshya Bill:
Intends to replace the Indian Evidence Act of 1872, adapting rules to the contemporary legal context.
Bharatiya Nyaya Sanhita Bill:
Seeks to replace the outdated Indian Penal Code (IPC) of 1860 to modernize criminal laws according to evolving societal values.
Rationale behind
Prioritize Indian citizens' interests over colonial-era laws designed for British interests.
Simplify legal procedures to expedite justice delivery.
Update laws to address the complexities of contemporary Indian society.
Address new dimensions of crime and evidence brought by technological advancements.
Discard colonial-era laws and establish laws in line with Indian needs and values.
Concerns Raised
Specific provisions like rape only applying to women might exclude other scenarios.
Specific provisions like the 'Love Jihad' offense might disproportionately affect minorities.
he pace of introducing changes without public input raises concerns.
Introduction of discretionary powers to law enforcement might lead to misuse and violence.
Comprehensive changes might disrupt the legal system and pose challenges.
Extended detention period in the CrPC Bill might lead to misuse and human rights violations.
Way Forward
Safeguard individual rights while granting discretionary powers.
Engage experts for insights and understanding.
Tackle misuse concerns, gendered provisions, and ambiguity.
Implement changes incrementally and monitor their impact.
Open bills for public input and discussions.
Key Reforms
Introduced
Bharatiya Nagarik
Suraksha Sanhita Bill, 2023:
Demands police updates on complaint status within 90 days.
Adds safeguards for arrest, especially for minor offenses.
Mandates video recording of sexual violence survivors' statements.
Requires victim consultation before withdrawing cases.
Promotes technology for trials, appeals, and depositions.
Allows trials and sentencing of absconding criminals.
Recognizes electronic records as evidence.
Bharatiya Sakshya
Bill, 2023:
Establishes rules for DNA evidence and expert opinions.
Presumes innocence until guilt is proven.
Defines electronic evidence and its admissibility criteria.
Bharatiya Nyay
Sanhita Bill, 2023
Addresses deceptive sexual intercourse with a 10-year sentence.
Introduces community service as a penalty.
Introduces capital punishment for mob lynching.
Sets a 180-day limit for charge sheet filing.
Defines terrorism and related offenses, replacing colonial sedition laws.