Dec 27, 2023
Analysis of Key Reforms in Indian Parliament: Important Legislative Bills of 2023
Introduction
As 2023 comes to an end, it is worth mentioning that this year has been explosive and dynamic for our Indian Parliament. The Indian Parliament, more active than ever managed to pass some very important legislations in its Monsoon(July to September) and Winter session (November to December)
This article will give you a brief idea about the following legislations passed:
Bhartiya Nyahya (Second) Sanhita, 2023 (BNS2)
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
The Bharatiya Sakshya (Second) Bill, 2023
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023
Bhartiya Nyahya (Second) Sanhita, 2023 (BNS2)
Timeline
Lok Sabha(Introduced)
Lok Sabha(Passed)
Rajya Sabha(Passed)
Dec 12, 2023
Dec 20, 2023
Dec 21, 2023
Key Highlights
The Bharatiya Nyaya (Second) Sanhita (BNS2) maintains a majority of offences from the Indian Penal Code (IPC). However, it introduces community service as a form of punishment,
replacing sedition as an offence. The BNS2 also creates a new offence for acts endangering the sovereignty, unity, and integrity of India. This includes terrorism, defined as an act intended to threaten the unity, integrity, security, or economic security of the country, or to strike terror in the people.
organised crime is now an offence, encompassing crimes such as kidnapping, extortion, and cybercrime committed on behalf of a criminal syndicate. Furthermore, petty organised crime is also an offence under the BNS2.
Murder committed by a group of five or more individuals based on certain identity markers such as caste, language, or personal belief is punishable with life imprisonment or death, and a fine.
Key Issues
The age of criminal responsibility in India remains at seven years old, with the possibility of extending to 12 years depending on the maturity of the accused. This does not align with international conventions and recommendations.
According to the BNS2, a child is defined as anyone under the age of 18. However, the age threshold for certain offenses, such as rape and gang rape, is different for the victim.
Additionally, the BNS2 does not incorporate recommendations from the Justice Verma Committee (2013), such as making rape a gender-neutral offense and including marital rape as a crime.
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Timeline:
Lok Sabha(Introduced)
Lok Sabha(Passed)
Rajya Sabha(Passed)
Dec 12, 2023
Dec 20, 2023
Dec 21, 2023
Key Highlights
The Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) aims to revise the Criminal Procedure Code (CrPC) of 1973. The CrPC outlines the procedures for arrest, prosecution, and bail.
The BNSS2 mandates the incorporation of forensic investigation for offences punishable with seven years of imprisonment or more. Forensic experts will visit crime scenes to collect and document evidence.
All legal proceedings, including trials, inquiries, and investigations, may be conducted in an electronic format. The production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial.
If a wanted criminal has fled to avoid trial and there is no immediate possibility of arresting them, the trial may proceed in their absence.
In addition, specimen signatures, handwriting, fingerprints, and voice samples may be collected for investigation or proceedings, even from individuals who have not been arrested.
Key issues
Under the BNSS2, an accused person can be held in police custody for up to 15 days, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. If the police have not exhausted the 15-day custody limit by the end of the initial period, the accused may not be granted bail for the entire duration of their judicial custody.
The Code of Criminal Procedure (CrPC) allows for bail for an accused person who has been detained for half the maximum imprisonment for the offence. However, the BNSS2 does not provide this facility for individuals facing multiple charges. Since many cases involve charges under multiple sections, this limitation on bail may be particularly significant.
Despite recommendations from high-level committees to reform sentencing guidelines and codify the rights of the accused, these recommendations have not been incorporated into the BNSS2.
The Bharatiya Sakshya (Second) Bill, 2023
Timeline:
Lok Sabha(Introduced)
Lok Sabha(Passed)
Rajya Sabha(Passed)
Dec 12, 2023
Dec 20, 2023
Dec 21, 2023
Key Highlight
The Bharatiya Sakshya (Second) Bill of 2023 (BSB2) amends and replaces the Indian Evidence Act of 1872 (IEA).
While maintaining many provisions of the IEA, the BSB2 introduces significant changes regarding evidence types. The IEA categorises evidence into documentary and oral evidence, with documentary evidence consisting of primary (original documents) and secondary (proving the contents of the original) evidence. The BSB2 retains this distinction and classifies electronic records as documents, making them primary evidence. Additionally, the BSB2 expands secondary evidence to include oral and written admissions and the testimony of an expert in document examination.
Furthermore, the BSB2 includes information stored in semiconductor memory or communication devices, such as smartphones or laptops, within the definition of electronic records.
Key Issues
At present, electronic records must be authenticated through a certificate to be considered valid legal documents. However, the BSB2 has retained this requirement while also categorising electronic evidence as documents, which creates a contradiction.
Additionally, under the IEA, any fact discovered through information obtained from an accused in police custody is provable, which the BSB2 has also retained. However, courts and committees have noted that these facts may be obtained through coercive means without adequate safeguards.
The Law Commission has made several recommendations, including the presumption that the police officer is responsible for any injuries sustained by an accused in police custody, but these recommendations have not been incorporated into the law
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023
Timeline:
Lok Sabha(Introduced)
Lok Sabha(Passed)
Rajya Sabha(Passed)
Aug 10, 2023
Dec 12, 2023
Dec 21, 2023
Key Highlights
The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act of 1991, which outlines the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
Under the new Bill, the CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition/Leader of the largest opposition party in the Lok Sabha. The Selection Committee's recommendations will remain valid even if there are vacancies in the Committee.
A Search Committee headed by the Cabinet Secretary will propose a list of candidates to the Selection Committee. To be eligible for the positions, individuals must have held or currently hold a post equivalent to that of Secretary to the central government.
The salary and conditions of service for the CEC and ECs will be the same as those of the Cabinet Secretary, which is currently equivalent to the salary of a Supreme Court Judge.
Key Issues
The Election Commission's selection process may be vulnerable to government influence, which could compromise its independence. Accepting recommendations from the Selection Committee despite a constitutional vacuum could result in the government having a monopoly on selecting candidates.
Additionally, making the Chief Election Commissioner (CEC) and Election Commissioners' (ECs) salaries equal to that of the Cabinet Secretary may give the government undue influence over their appointments, as their salaries are set by the government. This is in contrast to the salary of a Supreme Court judge, which is determined through an Act of Parliament.
Furthermore, the fact that CECs and ECs perform quasi-judicial functions suggests that limiting their positions to senior bureaucrats may exclude other qualified candidates.